Constitutional Court Decision Bans Police From Occupying Civil Positions, MenPAN RB: We Respect

Minister of State Apparatus Empowerment and Bureaucratic Reform (PAN RB) Rini Widyantini gave a statement to reporters at the PAN RB Ministry Office, Jakarta, Tuesday (18/11/2025). (ANTARA/Fianda Sjofjan Rassat)

JAKARTA - Minister of Administrative Reform and Bureaucratic Reform (PANRB) Rini Widyantini emphasized that his party respects and carries out Constitutional Court Decision (MK) Number 114/PUU-XXIII/2025 regarding active police not being allowed to fill civilian positions.

"We must respect the Constitutional Court's decision, because the Constitutional Court's decision is a decision that is completed, immediately binding, it is immediately final," Rini Widyantini at the KemenPANRB Office, Jakarta, Tuesday, was confiscated by Antara.

In the decision, the Constitutional Justice stated that the requirements for members of the National Police who occupy positions outside the police, aka civil office, must resign or retire from the police service.

Rini said his staff were ready to carry out the decision and immediately coordinated with the Police to carry out the decision.

"We just follow the Constitutional Court's decision, if they have to resign, they must resign or retire," he said.

Previously, the Constitutional Court emphasized that members of the National Police who occupy positions outside the police, aka civil office, must resign or retire from the police service.

The Constitutional Court through Decision Number 114/PUU-XXIII/2025 removed the provisions that had been an opening for active police to occupy civilian positions without first releasing their membership status.

"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 of the Republic of Indonesia and does not have binding legal force," said Chief Justice of the Constitutional Court Suhartoyo reading the verdict.

The Constitutional Court in this case granted the application of advocate Syamsul Jahidin and student Christian Adrianus Sihite in its entirety. The petitioners tested the constitutionality of the norms of Article 28 paragraph (3) and the Explanation of Article 28 paragraph (3) of the Police Law.

Constitutional Justice Ridwan Mansyur explained substantially, Article 28 paragraph (3) of the National Police Law actually emphasized one important thing, namely that members of the National Police can only hold positions outside the police after resigning or retiring.

This means, said Ridwan, if understood and interpreted carefully, "resigning or retiring from the police service" is a requirement that must be met by members of the National Police to occupy positions outside the police.

However, the Court reviewed, the phrase 'or not based on an assignment from the National Police Chief' in the Explanation of Article 28 paragraph (3) of the Police Law did not clarify the norm of the body trunk so that there was no clarity.

"Such a formulation results in legal uncertainty in filling in for members of the National Police who can occupy positions outside the police and at the same time create legal uncertainty for ASN careers outside the police institution," said Ridwan.