Jakarta, hitclubapk3 Indonesia
—
Minister of Law Supratman Andi Agtas said that the Constitutional Court decision (
MK
) which bans members
police
Active does not apply retroactively, meaning it only applies after the decision is issued.
This means, according to Supratman, active police officers who hold civilian positions before the decision is read do not need to resign or be withdrawn from their positions.
“In my opinion, what has happened means that it does not apply, in a sense, to those who will be proposed for the next position, to a civil position, if it is not related to the main duties of the police, they are obliged to resign or retire,” said Supratman at the parliament complex, Tuesday (18/11).
ADVERTISEMENT
SCROLL TO CONTINUE WITH CONTENT
“But for those who are now in office, unless the police withdraw, then, they don’t need to resign,” he added.
He said the decision would be discussed in the National Police Reform Team.As a member, Supratman said the team would examine institutions or ministries that were still related to police duties.
“So, later, as the National Police Reform Team, we will also discuss which ministries are actually related to the main functions of the police,” he said.
The Gerindra Party politician said that the Constitutional Court’s decision to prohibit active police from holding civilian positions would also be regulated in the revision of the National Police Law.
“So later in the law the police will be regulated in a limitative manner in the body of the law,” he said.
“But for the current Constitutional Court decision, I am of the view that it must be valid, but for those who are new, those who are newly proposed, but who are already in office, there is no need to resign,” he added.
The Constitutional Court granted all petitions in case number: 114/PUU-XXIII/2025 filed by Syamsul Jahidin (student/advocate) and Christian Adrianus Sihite (student) who tested the constitutionality of the norms of Article 28 paragraph (3) and the Elucidation 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.
Meanwhile, the National Police Headquarters said that the number of active members outside the Bhayangkara Corps institution holding managerial positions was 300 people.
This number is in addition to the 3,800 members who are also assigned as staff, aides or bodyguards according to requests from the relevant ministries or institutions.
Head of the Public Relations Division of the National Police, Inspector General Sandi Nugroho, said that hundreds of members were spread across various ministries and related institutions who had asked for personnel assistance.
“There are around 300 people [members holding civil positions],” Sandi told reporters at Police Headquarters, Monday (17/11).
(thr/dal)
[Gambas:hitclubapk3 Video]
