Expert Urges Transition Rules After Court Ruling on Police Roles

Constitutional Law Expert At Indonesian Muslim University, Dr. Fahri Bachmid (Ist)

JAKARTA - Constitutional Law expert at the Indonesian Muslim University, Dr. Fahri Bachmid, emphasized that the Constitutional Court's Decision (MK) Number 114/PUU-XXIII/2025 is a constitutional guide that must be adopted in the process of amendments to the Law of the Indonesian National Police (UU Polri).

Fahri explained that the decision was final and binding since it was pronounced, without any further legal remedies available.

"The Constitutional Court's decision is final and binding. Thus, the decision must be followed up as it should be," he said in his statement, Friday, November 14.

According to him, the Constitutional Court's decision in this case has a prospective legal style, which is valid in the future, so that the consequences of the norms decided by the Constitutional Court will automatically become a positive law (ius constitution). This fluid must be adopted in our legal system. All law is judge-made law," said Fahri.

He encouraged the government to immediately formulate a transitional legal policy instrument or rule to regulate the position of active Polri members who currently occupy public office in government. This is important so that the constitutional principles emphasized by the Constitutional Court can be carried out without causing a stir in governance.

"Transitions must be arranged in order to create an orderly legal order, as well as minimize the impact of constitutional complexity," he said.

Fahri assessed that the Constitutional Court's decision is an important constitutional mandate for the Police Reform Team, especially in formulating policy directions and plans for amendments to the Police Law in the future. This is a necessity and constitutional guideline that must be accommodated," he said.

He also highlighted the legal arguments of the Constitutional Court which emphasized that Article 10 paragraph (3) of the MPR VII/2000 and Article 28 paragraph (3) of Law 2/2002 explicitly required members of the National Police to resign or retire before holding positions outside the police institution.

Rumusan itu expressis verbis, tidak memerlukan tafsir tambahan. Persyaratannya jelas: anggota Polri hanya dapat menjadi jabatan di luar kepolisian setelah mengundurkan di atau pensiun, tegasnya.

Fahri welcomed the Constitutional Court's affirmation that public positions that have nothing to do with the police should not be occupied by active members of the National Police. According to him, this provision is linear with the constitutional design of Article 30 paragraph (4) of the 1945 Constitution which emphasizes the main function of the Police as a state tool that maintains security and order, protects, protects, serves the community, and enforces the law.

"This is a constitutional mandate for the Police. The position of the National Police is also related to its role in the national defense and security system with the TNI within the framework of Sishankamrata," he said.

Fahri closed his statement by emphasizing that compliance with the Constitutional Court's decision is an absolute requirement in maintaining legal order and consistency of the state's constitutional design.