Jakarta, hitclubapk3 Indonesia
—
Member of Commission III
DPR
RI NasDem faction, Rudianto Lallo, said the Constitutional Court decision (
MK
) which prohibits active police officers from holding civilian positions does not immediately come into force.
Lallo believes that the decision must look at other laws that regulate the duties and authorities of the National Police.Including related to their duties outside the police institution.
“We respect the Constitutional Court’s decision. But it is not immediately enforced. We must first look at the existing norms in other laws,” he said in his statement, Friday (14/11).
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Lallo explained that Law Number 2 of 2002 concerning the Police also legitimized the placement of high-ranking National Police officers outside the police institution.
Article 28 Paragraph (3) states that members of the National Police can hold positions outside the police after resigning or retiring, but active assignments are still possible if relevant to police functions and based on orders from the Chief of Police.
He also quoted an authentic interpretation of this provision which states that positions outside the police are positions that have nothing to do with the function of the police or are not based on the assignment of the National Police Chief.
“That is, with legal logic
acontrario
“If the position is related to the duties and functions of the police and is carried out on assignment by the National Police Chief, then it is still possible for active high-ranking officers to occupy that position,” he said.
The Deputy Chair of Commission III of the DPR, Sufmi Dasco Ahmad, conveyed a similar thing.He believes that the decision only prohibits active police from holding civilian positions outside of their police duties.
However, Dasco admitted that he would still study the decision and examine opportunities for revising the National Police Law.
“What I understand is that the police can only place personnel outside the police institution who are in contact with police duties, if I’m not mistaken,” he said.
The Constitutional Court granted the petition in case number: 114/PUU-XXIII/2025 which was petitioned by Syamsul Jahidin (student/advocate) and Christian Adrianus Sihite (student) who tested the constitutionality of the norms of Article 28 paragraph (3) and the Explanation of Article 28 paragraph (3) of Law 2/2002 concerning the Police (UU Polri).
Article 28 regulates that police officers may hold positions outside the National Police after resigning.Meanwhile, the explanation of Article 28 states that what is meant by a position outside the police is that it has nothing to do with the police or does not have an assignment as Chief of Police.
“Substantially, these two provisions emphasize one important thing, namely that members of the National Police can only hold positions outside the police after resigning or retiring from the police service,” said Constitutional Justice Ridwan Mansyur.
(thr/dal)
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