The Government Is Ready To Carry Out The Constitutional Court's Decision On The Prohibition Of Police In Civil Positions

Illustration of the National Police (ANTARA)

JAKARTA - The government is ready to implement the decision of the Constitutional Court (MK) which prohibits members of the Indonesian National Police (Polri) from holding civilian positions.

Minister of State Secretary (Mensesneg) Prasetyo Hadi said the Constitutional Court's decision was final and binding. Therefore, the government will obey the rules.

"Yes (it will be carried out), according to the rules like that," said Prasetyo at the parliament complex of the DPR RI, Senayan, Jakarta, Thursday, November 13.

Prasetyo stated that the government is currently only going to study the Constitutional Court Decision Number 114/PUU-XXIII/2025 which prohibits Polri members from carrying out civilian positions. This is because the Constitutional Court's decision has just come out.

However, Prasetyo emphasized that the government would obey the Constitutional Court's decision. The Gerindra Party politician even stated that the government is ready to ask related Polri members to resign from their positions in ministries/agencies if they are currently assigned.

"Yes, if the rules are like that (will ask members of the National Police to resign from the ministry/institution)," said Prasetyo.

Previously, the Constitutional Court issued the Constitutional Court Decision Number 114/PUU-XXIII/2025 which was read out on Thursday (13/11/2025). Through this decision, the Constitutional Court removed the provisions that had been an opening for active police officers to occupy civilian positions without giving up their status as members of the National Police.

"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 and does not have binding legal force," said Chief Justice of the Constitutional Court Suhartoyo when reading the verdict in the plenary Court courtroom, Jakarta.

The article basically states that members of the National Police can only occupy positions outside the police after resigning or retiring. However, the explanation of the article that adds the phrase "or not based on an assignment from the National Police Chief" is considered to lead to multiple interpretations.

According to the petitioners, the gap allows active police to continue to occupy civilian positions under the pretext of the assignment of the police chief. In their application file, they exemplified a number of high-ranking police officers who served as strategic positions in civilian institutions, such as Komjen Pol Setyo Budiyanto as chairman of the KPK and Komjen Pol Eddy Hartono as head of BNPT.

With this decision, the Constitutional Court emphasized that police who want to serve in civilian positions must resign or retire first for legal certainty and professionalism of the state apparatus.