Constitutional Court Rejects Limitation Of Term Of Office Of The National Police Chief, Observer: Police Are Not Cabinet Political Instruments

JAKARTA The Constitutional Court (MK) firmly rejected the request asking that the term of office of the Chief of the Indonesian National Police (Kapolri) be equated with the President and members of the cabinet. This decision reaped appreciation from political observers who considered this step to reflect on the maturity of Indonesia's democracy.

The Director of the Indonesian Voters Institute (LPI), Boni Hargens, assessed that the Constitutional Court's decision was able to clearly distinguish between democratic control and efforts to politicize state institutions.

"Democratic control is needed and implemented through the DPR's approval mechanism, but that does not mean institutions such as the National Police must comply with the political cycle or become political instruments of the government in power," said Boni in a statement received in Jakarta, Friday (11/14/2025).

The National Police Chief Is Not A Temporary Political Position

Boni emphasized that not all positions appointed by the President are automatically part of the cabinet or are tied to electoral political logic. The position of the National Police Chief is a strategic category that must keep a distance from political dynamics to ensure objectivity and professionalism.

The Constitutional Court itself, in its decision read out by the Chief Justice of the Constitutional Court Suhartoyo on Thursday (13/11), rejected the arguments of the applicant who instructed the National Police Chief to serve as ministerial-level positions.

Constitutional Justice Arsul Sani explained that if he was labeled " ministerial level", the President's political interests would be dominant. In fact, the 1945 Constitution states that the National Police is a state tool that must place security and law enforcement above the interests of all groups, including the interests of the President.

Prerogative President Maintains Continuity, Not Calendar Bound

According to Boni, the Constitutional Court's decision is correct in distinguishing the National Police as part of the state integral with temporary political positions. He agreed that the term of office of the National Police Chief does not need to be rigidly restricted, such as a maximum of five years.

On the other hand, the duration of office must be determined by the needs of the state through the prerogative of the President as Head of State. This approach is considered more flexible to adapt to dynamic security challenges.

"The National Police Chief is appointed and dismissed by the President, so let it be the prerogative of the President as head of state," said Boni.

He added that rigid limitation of the term of office could actually be counterproductive. The continuity of leadership is considered more important for law enforcement and national security maintenance than rotation forced by the political calendar.

MK Strengthens Independence With Checks And Balances

Boni Hargens also views that the Constitutional Court's decision significantly strengthens the independence of the National Police as a law enforcement institution that is not bound to short-term political interests.

The Constitutional Court has provided clarity regarding the relationship between the President and the Chief of Police which is constitutional. Even though the President's prerogative still exists, the checks and balances mechanism continues.

"In it there is still an affirmation of the principle of checks and balances that even though the president has the prerogative, the appointment of the National Police Chief still requires DPR's approval to maintain a balance of power," concluded Boni.