November 13, 2025 | 10:44 pm
TEMPO.CO, Jakarta - Minister of State Secretary, Prasetyo Hadi, has affirmed that the government will fully comply with the Constitutional Court's (MK) decision in Case Number 144/PUU-XXIII/2025. The ruling prohibits active police officers from concurrently holding civil service positions outside the police force.
Prasetyo explained that even though the government has not yet obtained an official excerpt of the decision, which reviewed Article 28 paragraph (3) of Law Number 2 of 2002 concerning the National Police, it will carry out what the Court has mandated.
"It is a decision of the Constitutional Court, is it not? It is final and binding," Prasetyo stated at the Parliament Complex on Thursday, November 13, 2025.
The Court's Legal Basis
In its legal considerations, the Court assessed that the phrase "or unrelated to the assignment of the National Police Chief", as previously stipulated in Article 28 paragraph (3) of Law 2/2022, allows for multiple interpretations. The Court clarified that the provision now mandates that police officers may hold positions outside the police force only after resigning or retiring from the police service.
The Court's rationale also referenced MPR Decree Number VII/MPR/2000, Article 10 paragraph (3), which explicitly states that members of the Police who wish to hold positions outside the police force are required to resign or retire. "The formulation is expressis verbis and does not require further interpretation," the Court declared in its decision.
The decision was not unanimous. It included different legal considerations presented by Constitutional Judge Arsul Sani, and outright dissenting opinions presented by Constitutional Judges Daniel Yusmic P. Foekh and Guntur Hamzah.
Judges Daniel and Guntur argued that the case submitted by the applicants did not concern the constitutionality of the legal norms but rather the implementation of the law. "Therefore, the applicants' request should be rejected as legally unfounded," they wrote in their differing opinion.
The decision comes amid concerns about structural issues within the police force. Based on records from the SETARA Institute, throughout July–October 2025, 43 police officers were promoted to senior officer ranks in three terms. This massive promotion has reportedly caused structural problems, leading to an accumulation of officers without corresponding positions.
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