Jakarta, hitclubapk3 Indonesia
—
Constitutional Court
(MK) emphasized that the Indonesian Police Chief (
National Police Chief
) cannot assign active police officers to civil service positions.
The Constitutional Court stated that if a police officer wants to hold a civil position, he or she must resign or retire from their position.
In this case, the Constitutional Court granted the entire 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).
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“Granting the Petitioners’ petition in its entirety,” said Chief Justice of the Constitutional Court Suhartoyo when reading out the verdict in the MK courtroom, Thursday (13/11).
Article 28 paragraph (3) reads: Members of the Indonesian National Police can hold positions outside the police after resigning or retiring from the police service.
Meanwhile, the Elucidation to Article 28 paragraph (3) states “What is meant by ‘positions outside the police’ are positions that are not related to the police or are not based on an assignment from the National Police Chief.”
“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.
“This means that, if understood and interpreted appropriately and correctly, ‘resigning or retiring from the police service’ is a requirement that must be fulfilled by members of the National Police to hold positions outside the police,” he continued.
Ridwan stated that there is no doubt in such a formulation, which is an expressis verbis norm formulation that does not require other interpretations or meanings.
“In this regard, the Court needs to emphasize that the ‘position’ that requires members of the National Police to resign or retire from the police service is a position that has nothing to do with the police, referring to Law 20/2023 concerning State Civil Apparatus, this position is an ASN position which consists of managerial and non-managerial positions (see Article 13 of Law 20/2023),” explained Ridwan.
Meanwhile, in their petition, the Petitioners attached a list of a number of active police officers who hold positions outside the agency or who have no connection with the National Police institution.
These include the Chairman of the Corruption Eradication Commission (KPK), Commissioner General Pol Setyo Budiyanto;Police Commissioner General Rudy Heriyanto Adi Nugroho as Secretary General of the Ministry of Maritime Affairs and Fisheries (KKP);Komjen Pol Panca Putra Simanjuntak who serves at the National Defense Institute (Lemhanas).
Apart from that, there is also Commissioner General of Police Nico Afinta as Secretary General of the Minister of Law and Human Rights;Commissioner General Pol Marthinus Hukom as Head of the National Narcotics Agency (BNN);Komjen Pol Albertus Rachmad Wibowo as Head of BSSN.
Then Komjen Pol Eddy Hartono as Head of the National Counterterrorism Agency (BNPT) and Inspector General Pol Mohammad Iqbal served as Inspector General of the Indonesian Regional Representative Council (DPD).
The Petitioners consider that active police officers who occupy civil positions without resigning or retiring are contrary to the principle of neutrality of the state apparatus, reducing the quality of democracy and meritocracy in public services.
There are different reasons or
concurring opinion
from Constitutional Justice Arsul Sani, who was essentially of the opinion that the phrase “or not based on an assignment from the National Police Chief” in the explanation of Article 28 paragraph 3 of Law 2/2002 has the potential to open up space for interpretation which can expand the norms of positions outside the police without any clear limitations, so that the Petitioners’ petition has legal grounds to be granted.
Meanwhile, Constitutional Justices Daniel Yusmic PÂ Foekh and M Guntur Hamzah had a different opinion or dissenting opinion which basically stated that throughout the examination the phrase “not based on an assignment from the Chief of Police” as in the explanation of Article 28 paragraph 3 of Law 2/2002 is not a question of the constitutionality of norms, but rather a question of norm implementation.Therefore, the Petitioners’ petition should be rejected because it has no legal grounds.
(ryn/isn)
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