Respect The Constitutional Court's Decision, Police Withdraw High Wira From The Ministry

Head of the Public Information Bureau (Karopenmas) of the National Police's Divhumas Brigadier General Trunoyudo Wisnu Andiko (right). (ANTARA/HO-Directorate of Public Relations of the Police)

JAKARTA - The National Police has withdrawn a high-ranking officer (Pati) who in the process of orientation of changing positions in the ministry, returned to the Bhayangkara Corps environment. This policy was carried out by the National Police as a form of respecting the decision of the Constitutional Court (MK) Number 114/PUU-XXIII/2025.

For information, the Constitutional Court's decision Number 114/PUU-XXIII/2025 regarding active police is not allowed to fill civilian positions.

"The National Police has withdrawn the Pati Polri who is in the process of being orientationd in the context of changing positions at the Ministry of MSMEs to return to the National Police in the context of career development on behalf of Inspector General Pol. Raden Prabowo Argo Yuwono based on the letter from the National Police Chief on November 20, 2025," said Karopenmas, Police Public Relations Division Brigadier General Trunoyudo Wisnu Andiko as reported by ANTARA, Thursday, November 20.

Trunoyudo also explained that the transfer of member positions outside the Polri structure is a form of cooperation that begins with an official request from ministries, institutions, agencies, commissions, or international organizations that require the assignment of Polri personnel.

As for the steps taken by the National Police to follow up on the Constitutional Court's decision, the National Police Chief General Pol. Listyo Sigit Prabowo has formed a working group team (pokja).

"The National Police Chief has formed a Pokja tasked with conducting a quick and in-depth study so that the implementation of this decision can run appropriately and does not cause multiple interpretations," said Trunoyudo.

The study, he said, was carried out through coordination and consultation with related ministries and institutions.

Pokja also reviewed the principles of transferring the positions of Polri members outside the structure of the Polri organization.

He added that the pokja team will continue to work simultaneously and intensively to ensure that the National Police's steps are in line with the provisions of the law and interests of the nation.

"The pokja team simultaneously continues to coordinate, collaborate, and consult with related institutions. This is the Police's commitment to carry out legal decisions consistently in the interests of the nation and state," he said.

Previously, the Constitutional Court emphasized that members of the National Police who occupy positions outside the police, aka civil office, must resign or retire from the police service.

The Constitutional Court through Decision Number 114/PUU-XXIII/2025 which was pronounced on Thursday (14/11), removed the provisions that have been an opening for active police to occupy civilian positions without first relinquishing their membership status.

"Declaring the phrase 'or not based on the assignment of the National Police Chief' in the Explanation of Article 28 paragraph (3) of Law Number 2 of 2002 concerning the Police contradicts the 1945 Constitution of the Republic of Indonesia and does not have binding legal force," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict.

The Constitutional Court in this case granted the application of advocate Syamsul Jahidin and student Christian Adrianus Sihite in its entirety. The petitioners tested the constitutionality of the norms of Article 28 paragraph (3) and the Explanation of Article 28 paragraph (3) of the Police Law.

Constitutional Justice Ridwan Mansyur explained substantially, Article 28 paragraph (3) of the National Police Law actually emphasized one important thing, namely that members of the National Police can only hold positions outside the police after resigning or retiring.

This means, said Ridwan, if understood and interpreted carefully, "resigning or retiring from the police service" is a requirement that must be met by members of the National Police to occupy positions outside the police.

However, the Court reviewed, the phrase 'or not based on an assignment from the National Police Chief' in the Explanation of Article 28 paragraph (3) of the Police Law did not clarify the norms of the body's trunk, causing uncertainty in norms.

"Such a formulation results in legal uncertainty in filling in for members of the National Police who can occupy positions outside the police and at the same time create legal uncertainty for ASN careers outside the police institution," said Ridwan.