JAKARTA - The Minister of Law (Menkum) Supratman Andi Agtas asked that Regulation of the National Police of the Republic of Indonesia (Polri) Number 10 of 2025 and the Constitutional Court (MK) Decision Number 114/PUU-XXIII/2025 not to be disputed.
According to him, there is only a difference in the way of looking at perpol regarding the implementation of the duties of members of the National Police outside the organizational structure of the National Police, especially in 17 ministries/institutions, and the Constitutional Court's decision on the affirmation of members of the National Police who occupy positions outside the police alias civil positions must resign or retire.
"Like me, Prof. Mahfud also has a different view when it comes to what must be done with a Supreme Court decision. That's just normal," said Supratman at the 2025 Year-End Reflection Press Conference in Jakarta, Thursday, quoted by Antara.
Therefore, he assessed that this was part of democratization because differences of opinion do not mean something bad.
He said that the problem was when the Constitutional Court judge had officially stated a decision and explained it to the public so that there was no need for interpretation.
The Minister of Law and Human Rights also emphasized that the Supreme Court's decision is prospective or applicable in the future, not backwards, in accordance with the Supreme Court Law.
So far, said Supratman, the government has never had a problem with the Constitutional Court's decision. As a co-maker of laws with the House of Representatives (DPR), it is said that the government has the right to propose and discuss it with the DPR as a determining institution of laws.
"Meanwhile, the Constitutional Court as a correction institution or what we call a negative legislator, it can still carry out its respective functions," he said.
Previously, former Coordinating Minister for Political and Security Affairs and also Professor of State Law at the Islamic University of Indonesia (UII) Mahfud MD said Perpol Number 10 of 2025 was contrary to the Supreme Court Decision Number 114/PUU-XXIII/2025.
"Perpol is against the constitutionality of Article 28 paragraph (3) of Law Number 2 of 2002 (about the National Police of the Republic of Indonesia, ed.) which according to the MK decision Number 114/PUU-XXIII/2025, members of the National Police if they will enter the civil institution, then they must ask for retirement or quit the National Police. There is no longer a mechanism for assignment reasons from the National Police Chief," said Mahfud when contacted from Jakarta, Saturday, December 13.
In addition, Mahfud said that the Perpol was contrary to Article 19 paragraph (3) of Law Number 20 of 2023 concerning the State Civil Apparatus which regulates that ASN positions can be filled by members of the TNI and Polri in accordance with the TNI Law or 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 National Police, except for resigning or asking for retirement from the National Police service. So, Perpol has no legal and constitutional basis," said the former Constitutional Court Chairman.
Then, Mahfud stated that it was wrong if the National Police considered that it had become a civilian, so that it could enter any civilian institution.
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