Mahfud MD: Kapolri's Regulation on the Placement of Active Police in Civil Service Has No Legal Basis

JAKARTA - Former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD said Police Regulation (Perkap) Number 10 of 2025 which regulates the placement of active police in 17 ministries and agencies does not have a valid legal basis. This rule is contrary to the law.

"Perkap Number 10 of 2025 is against constitutionality," said Mahfud, quoted through his written statement, Saturday, December 13.

Mahfud explained that the rule was in conflict with Article 28 paragraph (3) of Law Number 2 of 2002 which was strengthened by the Supreme Court Decision Number 114/PUU-XXIII/2025. "Police officers who will enter civil institutions must ask for retirement or quit the police," he explained.

"There is no longer a mechanism for assigning reasons from the National Police Chief," he continued.

The rules signed by the National Police Chief General Listyo Sigit Prabowo were also said by Mahfud to be contrary to Article 19 paragraph (3) of Law Number 20 of 2023 concerning ASN.

The legislation, continued Mahfud, does regulate TNI and Polri members to be able to enter certain civil positions in accordance with the TNI Law and the Polri Law.

"The TNI Law does mention 14 civilian positions that can be occupied by TNI members; while the Police Law does not mention at all that there are civilian positions that can be occupied by members of the Police, except to resign or ask for retirement from the Police service. So there is no legal and constitutional basis for Perkap," he said.

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Mahfud also corrected the assumption that the status of the National Police as a civilian institution automatically made its members able to occupy any civilian position. "That's not true," he said.

"Because, everyone must be in accordance with their duties and professions. Just civilians, doctors can't be prosecutors, lecturers can't be prosecutors, prosecutors can't be doctors," said Mahfud.

The National Police Chief, General Listyo Sigit Prabowo, is known to have signed Perkap Number 10 of 2025 concerning Polri Members who Carry Out Tasks Outside the Organizational Structure, which was established on Wednesday, December 10, 2025. This rule was then promulgated by the Director General of Law Enforcement Regulations of the Ministry of Law.

Article 3, paragraph 1 of this regulation states that members of the National Police can occupy positions in ministries, agencies, bodies, or commissions and international organizations or foreign representative offices located in Indonesia.

The ministry and agencies are the Coordinating Ministry for Political and Security Affairs, the Ministry of Energy and Mineral Resources, the Ministry of Law, the Ministry of Immigration and Corrections, the Ministry of Forestry, the Ministry of Maritime Affairs and Fisheries, the Ministry of Transportation, the Ministry of Protection of Indonesian Migrant Workers, and the Ministry of Agrarian and Spatial Planning/National Land Agency.

In addition, the National Resilience Agency, the Financial Services Authority, the Financial Transaction Reporting and Analysis Center, the National Narcotics Agency, the National Counterterrorism Agency, the National Intelligence Agency, the National Cyber Security Agency (BSSN), and the Corruption Eradication Commission (KPK).