JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra emphasized that the provisions regarding the placement of members of the Indonesian National Police (Polri) in certain positions remain valid and legally applicable.
Yusril's statement was made following the Constitutional Court (MK) Decision Number 223/PUU-XXIII/2025 which was read on Monday (19/1). The decision rejected the request for a material test against a number of articles in Law Number 20 of 2023 concerning the State Civil Apparatus (ASN) and Law Number 2 of 2002 concerning the National Police.
"Because the application was rejected, all the norms tested were declared to remain in force," said Yusril, quoted by Antara Jakarta, Thursday, January 22.
In its decision, the Constitutional Court rejected the request for a material test against Article 19 paragraphs (2), (3), and (4) of the ASN Law as well as the explanation of Article 28 paragraph (3) of the Police Law. Thus, the Constitutional Court stated that the norms were not in conflict with the Constitution of the Republic of Indonesia in 1945 and still had binding legal force.
Yusril emphasized that the ruling meant that provisions regarding certain positions that can be occupied by active police officers, as long as they are related to the main duties and functions of the police, are still legally valid.
"This means that the provisions regarding the positions that can be occupied by active police officers as long as they are related to the main duties of the police remain in force," he said.
Coordinating Minister for Human Rights Imipas explained that in its legal consideration, the Constitutional Court indeed advised that the regulation on the placement of members of the National Police in certain positions should ideally be regulated by law, not government regulations. However, according to Yusril, this consideration does not change the ruling that explicitly rejects the request for a material test.
He assessed that the view of the Constitutional Court was a constitutional recommendation, not a legal prohibition. As long as the existing legal norms have not been amended or revoked, the government is considered to still have a legal basis to implement it.
"As long as the legal norms are still in force, the government has a legal basis to follow up on it," said Yusril.
Previously, the Constitutional Court emphasized the importance of clear regulations regarding certain civil positions that can be filled by members of the National Police. Constitutional Judge Ridwan Mansyur stated that these regulations need to be clearly stated in the law in order to avoid multiple interpretations and provide legal certainty.
"To provide legal certainty for certain ASN positions at central agencies held by members of the police, a clear and unambiguous written arrangement is needed and is set out in law," said Ridwan when reading the considerations for the decision in Jakarta, Monday (19/1).
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