Yusril: The Prohibition Of Police Occupying Civil Positions Is Input From The Reform Commission

JAKARTA - Coordinating Minister for Law, Human Rights, Immigration and Correction Yusril Ihza Mahendra said the decision of the Constitutional Court (MK) regarding the prohibition of active police from occupying civilian positions would be an input for the Commission for the Acceleration of Police Reform.

He conveyed that the Constitutional Court's decision must be followed up by changing laws and regulations and transitions for active police who already hold positions in ministries or institutions.

"We will discuss that later," said Yusril, who is also a member of the National Police Reform Acceleration Commission at a press conference in Jakarta, Thursday, November 13.

He emphasized that all members of the National Police Reform Acceleration Commission will know and realize the Constitutional Court's decision because it was pronounced in a trial that was open to the public.

Thus, he continued, the latest rules regarding the decision will soon be made because the provisions regarding active police occupying civilian positions are not specifically regulated in Law (UU) Number 2 of 2002 concerning the Indonesian National Police.

But for the Indonesian National Army (TNI), he said, this has indeed been consistently applied so that active members of the TNI who occupy civilian positions can resign.

Even so, the Coordinating Minister stated that there were several exceptions to certain positions mentioned in government regulations, such as the position of the Military Secretariat for example or at the Ministry of Defense.

"If it is not necessary to resign. But to the police, the practice is that active police officers can enter civilian bureaucratic positions without resigning because there are no rules," he said.

Previously, the Constitutional Court stated that members of the Indonesian National Police (Polri) who occupy positions outside the police, aka civil office, must resign or retire from the police service.

The Constitutional Court, through Decision Number 114/PUU-XXIII/2025 which was pronounced on Thursday, removed the provisions that have been an opening for active police to occupy civilian positions without first relinquishing their membership status.

"Declaring the phrase 'or not based on the assignment of the National Police Chief' in Article 28 paragraph (3) of Law Number 2 of 2002 concerning the Police contradicts the 1945 Constitution of the Republic of Indonesia and does not have binding legal force," said Chief Justice of the Constitutional Court Suhartoyo in the Plenary Courtroom. MK, Jakarta.

The Court in this case granted the application of advocate Syamsul Jahidin and student Christian Adrianus Sihite in its entirety. The petitioners tested the constitutionality of the norms of Article 28 paragraph (3) and the Explanation of Article 28 paragraph (3) of the Police Law.

Article 28 paragraph (3) of the National Police Law states that "Members of the Indonesian National Police can occupy positions outside the police after resigning or retiring from the police service."

Meanwhile, the Explanation of Article 28 paragraph (3) of the Police Law reads, What is meant by position outside the police' is a position that has nothing to do with the police or is not based on an assignment from the National Police Chief."

In this case, the petitioners questioned the phrase "or not based on the assignment of the National Police Chief" which is contained in the Explanation of Article 28 paragraph (3) of the Police Law. According to them, the phrase gives rise to legal anomalies and obscures the meaning of the norm of the overall article.