Expand the Police's Authority, the DPR Values the Perpol 10/2025 Noise Due to Public Misunderstanding
Member of the Indonesian House of Representatives (DPR RI) Legislation Agency (Baleg) Jamaludin Malik, responded to the controversy over Police Regulation (Perpol) Number 10 of 2025 concerning members of the National Police who carry out duties outside the structure of the National Police organization. He emphasized that the Perpol was not in conflict with the Constitutional Court (MK) decision.
Jamaludin assessed that the assumption that Perpol has expanded the authority of the National Police is a wrong interpretation. According to him, Perpol 10/2025 actually serves as a limiting instrument so that members of the National Police do not act outside their authority.
"If read in its entirety, Perpol is actually a fence. The members of the National Police are fenced off so that they remain in line with the spirit of the Constitutional Court's decision," Jamaludin told reporters, Monday, December 15.
The Golkar legislator from the Central Java II District explained that there was no conflict of norms between Perpol 10/2025 and the ruling of the Constitutional Court (MK). The difference in interpretation that emerged, said Jamaludin, was more related to technical administrative aspects, not concerning the substance of the constitutional rights of citizens.
"Often people confuse between regulating the procedure with restricting rights. In fact, the Constitutional Court itself clearly distinguishes between the two things," he explained.
"The Supreme Court has ruled that the validity of the Perpol cannot be revoked only through public opinion debates. "Therefore, according to him, the validity of the Perpol cannot be revoked only through public opinion debates.
"The validity of the rule does not fall because of opinion, but must be tested through legitimate legal mechanisms," he said.
"Formally and materially, Jamaludin assessed that Perpol 10/2025 has fulfilled the provisions for the formation of legislation as regulated in Law Number 12 of 2011 concerning the Formation of Legislation, ranging from clarity of purpose to legal certainty," he said.
"Perpol is an internal technical instrument to carry out the authority that the law has given to the National Police, so it is wrong if it is immediately judged to be contrary to the Constitutional Court's decision," he explained.
"The decision of the Constitutional Court is at the level of constitutional principles, such as due process of law and protection of the rights of citizens. Meanwhile, Perpol 10/2025 serves as a technical guide for the implementation of authority in the field," he explained.
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Furthermore, Jamaludin assessed that the uproar that developed in the public space was caused by a misunderstanding in positioning Perpol in the national legal system. According to him, Perpol cannot be equated with laws or legal norms that stand alone.
"This perpol is actually an instrument of security so that members of the National Police remain within the legal corridor and do not exceed their authority," he concluded.