The Corruption Eradication Commission (KPK) Learns That The Constitutional Court's Decision Is Prohibited From Becoming A Civil Position

KPK chairman Setyo Budiyanto is an active member of the National Police (doc. KPK).

JAKARTA - The Corruption Eradication Commission (KPK) is still studying the latest Constitutional Court (MK) decisions regarding the prohibition of active Polri members from holding civilian positions unless they are resigned or have retired.

The anti-corruption commission is one of the institutions on the list because a number of its officials, including the Chairman of the KPK, Setyo Budiyanto, were active members of the National Police when they first took office.

"We are still studying the decision," said the KPK spokesman, Budi Prasetyo, to reporters, Saturday, November 15, 2025.

The Constitutional Court's decision Number 114/PUU-XXIII/2025 was read out on Thursday, November 13, 2025. All lawsuits against Article 28 Paragraph (3) of Law Number 2 of 2002 concerning the Police or the Police Law were granted.

In particular, the Constitutional Court removed the phrase "or not based on the assignment from the National Police Chief" in the Explanation of Article 28 Paragraph (3) of the Police Law.

The deletion was carried out because this phrase was considered a loophole to legalize active police officers to serve in civilian posts without having to retire or resign.

Previously reported, Member of Commission III of the Indonesian House of Representatives, Benny Kabur Harman, hoped that President Prabowo Subianto would immediately withdraw members of the National Police who held civilian positions after the Constitutional Court (MK) decision related to 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."

"Or, they are asked to choose whether to retire early or immediately return to their parent organization," said Benny K. Harman to reporters, Friday, November 14, 2025.