Researcher: Police Must Return To Their Khittah And Focus On Basic Tasks

JAKARTA - Researcher from the Institute for Security and Strategic Studies (ISESS) in the police field, Bambang Rukminto, assessed that the decision of the Constitutional Court (MK) which requires members of the National Police to resign or retire if they want to occupy civilian positions is an important step to return the Polri institution to its main function.

According to Bambang, the Constitutional Court's decision Number 114/PUU-XXIII/2025 confirms that the National Police must return to its khittah as the holder of the state mandate in the fields of protection, protection, community services, maintenance of security and order, and law enforcement in accordance with the mandate of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

"The Constitutional Court's decision reminds the main functions of the National Police as mandated by law. The National Police must focus on their main duties, not on positions outside the police structure," Bambang told VOI, Thursday, November 13.

He explained that the Constitutional Court's decision was in line with Law Number 12 of 2011 concerning the Establishment of Legislation Regulations, which regulates the order and principle of lex superior to the legi inferiori that higher rules rule out lower rules.

"This means that the Regulation of the National Police Chief and even the Presidential Regulation must not conflict with the law. So far, the pretext of placing members of the National Police outside the structure has been carried out on the basis of a request from the Ministry or Institution and an assignment by the National Police Chief. However, with this Constitutional Court decision, the basis can no longer be maintained," he said.

Furthermore, Bambang emphasized that additional explanations in a regulation do not have binding legal force if it is contrary to the body trunk of the law.

"Battles the body of laws and regulations have a higher position than their explanation. So, it cannot be used as a basis for taking legal action," he added.

With this decision, Bambang continued, all members of the National Police who currently occupy civilian positions must choose to be withdrawn to the institution or resign to switch status to civil servants (PNS) in related ministries or institutions.

"All personnel must be withdrawn or given the option of changing their status to civil servants or early retirement. That is a legal consequence that must be implemented," he said.

Regarding the possibility of internal resistance from officers who have occupied strategic positions outside the police, Bambang considers this to be natural. However, as law enforcement officers, they must still comply with decisions that have permanent legal force.

"Personal resistance must exist, but as law enforcement officers they should also obey the laws that have been set. The Constitutional Court's decision is final and there is no appeal," he said.

He added that coordination between ministries and institutions can still run without having to place active Police personnel within the institution's structure.

"If sectoral egos or individual egos arise, the government must prepare a system so that coordination continues to be effective. Because basically all institutions are formed for the benefit of the state, not individuals or institutions," he concluded.

As is known, the Constitutional Court (MK) decided that members of the National Police who occupy positions outside the police or civil office must resign or retire from the police service.

In Decision Number 114/PUU-XXIII/2025, the Constitutional Court also removed the provisions that had been an opening for active police officers to occupy civilian positions without having to release their membership status first.