Constitutional Court Bans Active Police From Serving Civil Positions, DPR Asks President Prabowo To Follow Up

Presiden Prabowo Subianto saat memimpin HUT Bhayangkara di Kawasan Monas (tangkap layar)

JAKARTA - Member of Commission III of the Indonesian House of Representatives Benny Kabur Harman hopes that President Prabowo Subianto will immediately withdraw an active member of the Indonesian Police (Polri) who occupies civilian positions, following the decision of the Constitutional Court (MK) regarding the lawsuit against Law Number 2 of 2002 concerning the Police.

Benny believes that President Prabowo is a president who complies with the constitution, especially since the Constitutional Court's decision is final and binding or final and binding.

"President Prabowo is a president who obeys and obeys the constitution. Therefore, we expect President Prabowo to immediately withdraw and return members of the National Police who are still active in ministries and institutions or agencies," said Benny K Harman to reporters, Friday, November 14.

In its decision, the Constitutional Court prohibits the active police from holding civilian positions. This decision also emphasized that the police must resign as a member and no longer be an active member of the National Police if they want to serve outside the Police institution.

According to Benny, the Constitutional Court's decision also provides an alternative that active members of the National Police who occupy civilian positions can resign from their units.

"Or they are asked to choose whether to retire early or immediately return to their parent organization," said Benny.

Benny also reminded that the police are not the holder of power in this country, but a servant of the community. "So remember, Indonesia is not a police country," said the legislator from the East Nusa Tenggara (NTT) I electoral district.

Benny added that the Constitutional Court's decision which emphasized that the National Police Chief could not appoint active members of the National Police to occupy civilian positions, also strengthened the principle of rule of law. According to him, this is in line with President Prabowo's desire to interpret the principle that government is not only based on law, but a limitation of power by law.

"The Constitutional Court's decision adds to President Prabowo's high weight as a president who wants to uphold the principles of rule of law and substantive democracy in the government he leads," explained Benny.

On the other hand, the member of the House of Representatives Commission in charge of law and security also encouraged President Prabowo to carry out the Constitutional Court's decision regarding the prohibition of concurrent positions. Benny alluded to the previous Constitutional Court's decision regarding the prohibition of ministers and deputy ministers from holding concurrent positions in State-Owned Enterprises (BUMN).

"In addition, we also encourage the president to obey the Constitutional Court's decision regarding the prohibition of the Deputy Minister from concurrently serving as commissioners of BUMN," he concluded.

Previously, the Constitutional Court (MK) accepted all requests for judicial review of Law Number 2 of 2002 concerning the Indonesian National Police (UU Polri) in a trial held on Thursday, November 13.

The Constitutional Court emphasized that the National Police Chief could no longer appoint active police to occupy civilian positions before they retire or resign from the police service.

In its ruling, the Constitutional Court stated the phrase or not based on the assignment of the National Police Chief in the Explanation of Article 28 paragraph (3) of the Police Law contradicts the 1945 Constitution and does not have binding legal force.

The Constitutional Court also assessed whether the phrase or not was based on the assignment from the National Police Chief in the explanation of Article 28 paragraph (3) of the Police Law caused uncertainty in norms and opened a multi-interpretation space.

Furthermore, the Constitutional Court also explained that the provisions in Article 28 paragraph (3) of the Police Law were actually quite clear. The article explains that members of the police can occupy positions outside the police after resigning or retiring from the police service.