The Minister Of State Secretary Ensures That The Government Obeys The Constitutional Court's Decision To Ban Police From Occupying Civil Positions

Minister of State Secretary (Mensesneg) Prasetyo Hadi ensured that the government would follow up on regulations prohibiting officials from the National Police from filling civilian positions.

"Yes, if the rules are like that," said Prasetyo Hadi at the DPR building, Senayan, Jakarta, Thursday, November 13.

However, the Minister of State Secretary will still study the Constitutional Court's decision because it was just decided today. The Minister of State Secretary said the government would definitely carry out the binding Constitutional Court's decision.

"Yes, the decision was just earlier. We also haven't got an excerpt of the decision. Later when we get it, we'll study it later. But as the Constitutional Court's decision is final and binding," said Prasetyo.

"Yes, yes (the government will implement it, ed), according to the rules, it's like that," he added.

The Constitutional Court (MK) received all requests for judicial review of Law Number 2 of 2002 concerning the Indonesian National Police (UU Polri). The Constitutional Court emphasized that the National Police Chief could no longer appoint active police to occupy civilian positions before retiring or resigning from the police service.

In its ruling, the Constitutional Court stated that the phrase or not based on the assignment from the National Police Chief in the Explanation of Article 28 paragraph (3) of the Police Law contradicts the 1945 Constitution and does not have binding legal force.

"Granted the petitioners' petition in its entirety," said Chief Justice of the Constitutional Court Suhartoyo when reading the verdict in the trial with case number 114/PUU-XXIII/2025 at the Constitutional Court Building Jakarta, Thursday, November 13.

In their consideration, the Court assessed whether the phrase or not was based on the assignment from the National Police Chief in the explanation of Article 28 paragraph (3) of the Police Law caused uncertainty in norms and opened multi-interpretation spaces.

Meanwhile, Constitutional Justice Ridwan Mansyur explained that the provisions in Article 28 paragraph (3) of the Police Law were actually quite clear. The article explains that members of the police can occupy positions outside the police after resigning or retiring from the police service.

"Substantively, this provision confirms one important thing, namely that members of the National Police can only hold positions outside the police after resigning or retiring from the police service. This is an absolute requirement that must be met," said Ridwan.