Indonesia's Court Rejects Petition to Elevate Police Chief to Ministerial Rank

2 weeks ago 12

November 13, 2025 | 05:19 pm

TEMPO.CO, Jakarta - The Constitutional Court has rejected all petitions seeking to elevate the position of Indonesia’s National Police Chief to ministerial status. The ruling was delivered during the verdict session of case Number 19/PUU-XXIII/2025 on Thursday, November 13, 2025.

Constitutional Judge Suhartoyo announced the decision, stating that the court fully dismissed the petitioners’ requests.

“The Court rejects the petitioners’ requests in their entirety,” he said in the court plenary session in Jakarta.

The petition was submitted by Sukur Desteli Gulo, Kristian Adriano Sihite, and Devita Ana Lisandra. They challenged Article 11 paragraph (2) of Law Number 2 of 2002 concerning the Indonesian National Police (Police Law), arguing that it did not provide clear rules regarding the tenure and dismissal mechanism of the Police Chief.

The petitioners asserted that the Police Chief’s position should be equivalent to a minister, with a term tied to the president’s tenure, similar to cabinet members.

Article 11 paragraph (2) of the Police Law stipulates that “the proposal for the appointment and dismissal of the Police Chief is submitted by the President to the People’s Consultative Assembly along with the reasons.”

The petitioners contended that the phrase “along with the reasons” is insufficiently detailed in the law, creating ambiguity over the legality of the current Police Chief, Listyo Sigit Prabowo, since he has not been formally reappointed by the newly elected president, Prabowo Subianto.

However, the court found the petitioners’ arguments legally unsubstantiated. Judge Arsul Sani explained that during deliberations in 2002, lawmakers deliberately rejected the idea of giving the Police Chief ministerial status.

“The phrase ‘at a ministerial level’ is not included in the Police Law. The lawmakers emphasized that the Police Chief is a high-ranking active officer, not a member of the cabinet,” Arsul said.

The Constitutional Court stressed that labeling the Police Chief as equivalent to a minister could compromise the Police Force’s independence. It would risk prioritizing the president’s political interests over the legal and public duties of the police.

“Constitutionally, Article 30 paragraph (4) of the 1945 Constitution states that the Police Force is a state instrument that must prioritize legal and public interests over political interests,” Arsul added.

The court further clarified that the Police Chief holds a professional career position rather than a periodic political post. The Police Chief can be dismissed at any time based on presidential evaluation, in accordance with existing laws and regulations.

“Thus, the petitioners’ request to equate the Police Chief with a minister is legally groundless,” Arsul concluded.

The ruling reaffirms that the Police Chief remains a state officer leading the police institution, separate from the cabinet. The court highlighted that granting ministerial status could undermine the independence of the National Police as an impartial law enforcement body.

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