November 13, 2025 | 04:47 pm
TEMPO.CO, Jakarta - Indonesia's Constitutional Court (MK) has ruled that active police officers can no longer hold civil positions. Members of the force intending to take up civil posts are required to first resign or retire.
The ruling comes following a petition against Article 28 paragraph (3) and its explanation in National Police Law Number 2 of 2002. The petition is filed under case number 114/PUU-XXIII/2025.
"Granting the petitioners' request as a whole," said the Chief Justice of the Constitutional Court, Suhartoyo, while reading the decision on Thursday, November 13, 2025.
The Constitutional Court declared unconstitutional the phrase "or not based on an assignment from the National Police" outlined in the explanation of Article 28 paragraph (3) of the Police Law. The decision upholds that police officers can only hold civil positions after resigning or retiring from the police force.
The court ruled that the disputed phrase no longer carries legal binding force; thus, all assignments of active police officers for positions outside the police structure have lost legal basis.
The Court said the phrase deviates from the principle of legal certainty as guaranteed by Article 28D paragraph (1) of the 1945 Constitution. "The phrase creates ambiguity and expands the meaning of the norm, therefore it must be declared unconstitutional," said Suhartoyo.
In its legal considerations, Constitutional Justice Ridwan Mansyur explained that the Police Law must in whole be interpreted in line with Article 30 paragraph (4) of the 1945 Constitution, which states that the police serve as a state instrument to maintain public order and security, protect, serve, and uphold the law.
"The phrase actually obscures the substance of the norm and creates legal uncertainty, as it opens up the opportunity for active police officers to hold civil positions without resigning or retiring," he said.
The Court concluded that this phrase does not clarify the norm, but instead creates a new interpretation that violates the principles of legal establishment under Law Number 12 of 2011.
The constitutional review petition was filed by Syamsul Jahidin and Christian Adrianus Sihite, represented by legal counsel Ratih Mutiara Lok and associates. They argued that the explanation provided a loophole for active police officers to hold positions in civil institutions such as the Corruption Eradication Commission (KPK), the National Narcotics Agency (BNN), the National Counterterrorism Agency (BNPT), the National Cyber and Crypto Agency (BSSN), and ministries.
The petitioners contended that this practice goes against the principle of state apparatus neutrality and creates a "police dual function" that blurs the line between security and government functions.
The Constitutional Court agreed with this argument and emphasized that police officers can only hold positions outside the police force after resigning or retiring. "The article was rigid with no need for further interpretation," said Ridwan.
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