Expert On The Value Of The Constitutional Court's Decision Regarding Police Creating Strict Assignment Rules

Constitutional Court (MK) expert at Universitas Brawijaya (UB) Dr. Aan Eko Widiarto assessed that the decision of the Constitutional Court (MK) regarding active police who are no longer allowed to occupy civilian positions creates strict rules regarding the assignment of police officers outside the National Police institution.

"In my opinion, it is clear that if the National Police wants to occupy non-Polri positions, they must retire or resign," said Aan in Malang City, East Java, Saturday.

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

Aan emphasized that in the decision the phrase assignment in Article 28 paragraph (3) of the Law on Police has been abolished by the Constitutional Court, so that the provisions that have been underlying Polri members to be active in civilian positions no longer apply.

Thus, the Constitutional Court's decision to clarify the mechanism for placing active members of the National Police in civil office must first resign or retire.

According to him, the government must immediately dismiss active Polri members who are still in civilian positions.

"If you are still in office even though there is a constitutional decision, then the decision to appoint it will be invalid. If left unchecked, it has the potential to cause state losses and can lead to the obligation to return state finances," he said.

Regarding the process of dismissal, he explained that it was usually enforced in the following month after the Constitutional Court's decision.

"So in this case, the government should immediately follow up so that there are no further legal consequences," he said.

The Constitutional Court (MK), on Thursday (13/11) granted the lawsuit against Law Number 2 of 2002 concerning the Indonesian National Police which was requested by advocate Syamsul Jahidin and student Christian Adrianus Sihite in its entirety.

The petitioners questioned the phrase "or not based on the assignment from the National Police Chief" as stated in the Explanation of Article 28 paragraph (3) of the Police Law.

This phrase is considered to cause legal anomalies and obscure the meaning of the overall article norm.

The decision of the Constitutional Court (MK) also made the police resign from their active membership status when they were about to serve outside the Police institution.