Having Already Become Civil Servants, Minister of Law Says Police Officers Don't Need to Resign

Minister of Law, Supratman Andi Agtas (DOC. ANTARA)

JAKARTA - Law Minister Supratman Andi Agtas believes that members of the Indonesian National Police (Polri) who have already held civilian positions do not need to resign, even though the Constitutional Court (MK) has issued a ruling prohibiting active police officers from holding positions outside their institution.

Supratman explained that the Constitutional Court's ruling is not retroactive and therefore does not affect Polri personnel who held civilian positions before the ruling was issued. However, he stressed that going forward, Polri will no longer be able to nominate its members to hold civilian positions.

"For those currently serving, unless the police withdraw, they do not need to resign, because they held their positions before the MK ruling," Supratman said at the Parliament Complex in Jakarta, according to Antara, Tuesday, November 18.

He stated that the issue will be discussed by the Commission for the Acceleration of Police Reform, particularly to sort out civilian positions that are related to the main duties and functions of the police.

He cited the National Narcotics Agency (BNN), the National Counterterrorism Agency (BNPT), and several law enforcement directorates within ministries as examples.

"Regarding the current Constitutional Court ruling, I believe it should apply to new appointees, newly nominated appointees. However, those already in office do not need to resign," he said.

Previously, the Constitutional Court emphasized that members of the Indonesian National Police (Polri) holding civilian positions were required to resign or retire from the police force. This ruling was stated in Decision Number 114/PUU-XXIII/2025, issued on Thursday (November 13).

In that ruling, the Constitutional Court removed the phrase "or not based on an assignment from the Chief of Police" from the Elucidation to Article 28 paragraph (3) of the National Police Law, which was deemed to have created a loophole for active police officers to hold civilian positions without relinquishing their membership status.

"This phrase is declared to be contrary to the 1945 Constitution and has no binding legal force," said Chief Justice Suhartoyo during a plenary session in Jakarta.