Jakarta, hitclubapk3 Indonesia
—
Member of Commission I DPR from the PDIP faction
TB Hasanuddin
assesses that the government has so far violated Law Number 2 of 2002 concerning
National Police
regarding the placement of active police officers in civilian positions.
Hasanuddin made this statement in response to the recent decision of the Constitutional Court (MK) which declared Article 28 of the National Police Law unconstitutional.According to him, the Constitutional Court’s decision only confirms the prohibition on police holding civil positions as regulated in article 28.
“The Constitutional Court’s decision only repeats and reinforces what is already in the Police Law. This means that the government has been obliged to comply with the prohibition from the start. However, in reality, the government has not implemented the provisions of article 28 of Law 2/2002,” said Hasanuddin when contacted, Friday (14/11).
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An explanation of the prohibition on the National Police actively holding civil positions is contained in Article 28 paragraph 3, which states that police can hold positions outside the police after resigning or retiring.
In the explanation section of the law, said Hasanuddin, the meaning of ‘positions outside the police’ is stated, namely positions that are not related to the police or are not based on assignments from the National Police Chief.
According to him, the phrase ‘or not based on an assignment from the National Police Chief’ was declared by the MK to be contrary to the 1945 Constitution of the Republic of Indonesia. As a result of the MK’s decision, the phrase ‘not based on an assignment from the National Police Chief’ does not have binding legal force.
“In fact, even without the Constitutional Court’s decision, if the state follows the rules it has made itself, no active members of the National Police will be allowed to serve in the civil realm,” he said.
Ask the President to withdraw active police
Member of Commission III from the Democratic Party Fraction, Benny K. Harman asked President Prabowo Subianto to withdraw active police officers who currently still hold civilian positions following the Constitutional Court’s decision.
Benny believes that President Prabowo obeys the law.Moreover, the Constitutional Court’s decision is final and binding.
“Therefore, we hope that President Prabowo will immediately withdraw and return Polri members who are still active in ministries, institutions or agencies,” said Benny, Friday (14/11).
If they don’t return, said Benny, the National Police Chief or President can provide an alternative for active National Police members to resign or retire early.He reminded that the police do not hold state power.According to him, the Constitutional Court’s decision also strengthens the principle
rule of law
.
“This Constitutional Court decision adds a lot of weight to President Prabowo as the president wants to uphold the principles of the rule of law and substantive democracy in the government he leads,” said Benny.
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 no connection with the police or no assignment as 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.
(fra/thr/fra)
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