Constitutional Court Decision Does Not Apply To Surut, Observer: Minister Of Law Supratman Exemplifies How To Fight The Law

A photo by Luthfiah VOI

JAKARTA - The Constitutional Court's (MK) decision is generally final and binding since it was finished pronounced in a plenary session open to the public, which means that it immediately obtains legal force and no other legal remedies can be taken. Although in some decisions, the Constitutional Court can provide a time lag or transition period for implementation, especially if the decision is in the form of adjustments from the administrative side.

The decision of the Constitutional Court as stated in the decision of the Constitutional Court Number 114/PUU-XXIII/2025, read by the Chief Justice of the Constitutional Court, Suhartoyo emphasized that the prohibition of the assignment phrase from the National Police Chief and closing the space for the dual role of members of the National Police. In this decision, there is no mention of the rule "Granting the petitioners' requests in its entirety and stating the phrase or not based on the assignment from the Chief of Police' in Explanation Article 28 paragraph (3) of the Police Law contradicts the 1945 Constitution and does not have binding legal force," Suhartoyo said in a plenary session at the Constitutional Court building, Thursday, November 13. Constitutional Justice Ridwan Mansyur in court law consideration stated, the existence of the phrase or not based on the assignment of the Chief of Police' actually caused an uncertainty of the meaning of norms in Article 28 paragraph (3) of the Police Law.

The phrase does not clarify the norms that are regulated, it even obscures the substance of the provisions after resigning or retiring from the police service'. Such a formulation has the potential to cause legal uncertainty,' said Ridwan. Based on the legal rules written in Article 24 paragraph (1) and (2) of the 1945 Constitution of the Republic of Indonesia (UUD 1945), and it was confirmed in Law Number 24 of 2003 (and its amendments) about the Constitutional Court assert that the Constitutional Court's decision must be carried out because it is final. This means that the Constitutional Court's decision which cuts the authority of the National Police Chief in placing active members of the police in public positions, bounds all elements and state stakeholders (erga omnis) so that there are no laws and regulations that may conflict with the Constitutional Court's decision. Law Observer from Trisakti University, Beny Puspanegara admitted that he was confused by the statement from his assistant President Prabowo in the legal field. Beny assessed that Supratman's statement was more exemplifying and invited all Indonesian people to jointly violate the laws that had been stipulated by law.

"Unfortunately, such clear legal rules have been publicly violated by assistants to the president in the field of law. Indonesian Minister of Law, Supratman Andi Agtas said the decision from the Constitutional Court did not apply retroactively to members of the National Police who are currently in public office," said Beny Puspanegara in a written message, Thursday, November 20.

Member of the Indonesian House of Representatives from the PKS faction, M. Nasir Djamil, emphasized the importance of all parties respecting the decision of the Constitutional Court (MK) which prohibits members of the National Police from holding civilian positions. He emphasized that the Constitutional Court's decision is final, binding, and immediately applies so that it must be accepted as part of the consolidation of national law.

Regarding the position of a member of the National Police who is currently occupying civilian positions, Nasir left the process entirely to the President as the Head of Government to determine the next steps. The information I received, the Government through the Minister of State Secretary has stated that it accepts the Constitutional Court's decision. So we submit the process to the government,' he said. Supratman explained that the Constitutional Court's decision as stated by Number 114/PUUU-XXIII/2025 did not affect the conditions that had occurred before the decision was read out. The Constitutional Court' decision is mandatory for us to run, but it does not apply retroactively. This means that all Polri officials who have already served, are not obliged to resign for now. Except on the basis of the Police's awareness to withdraw their members from the ministry," said Supratman, who after attending the DPR plenary meeting at the parliament complex, Senayan, Jakarta, Tuesday (18/11/2025). Supratman's statement which is also a politician from the party bearing the Garuda bird symbol is considered to add to his disappointment and seems to provide a bad example to the Indonesian people. Political observer Ray Rangkuti said he was not surprised by the statement issued by Gerindra politician who served as Minister of Law Supratman Andi Agtas. "The statement indirectly hinted at the government's way of reading and implementing the law in this country. Because there was also a decision by the Constitutional Court which had been decided to take effect immediately two days after it was ratified," said Ray Rangkuti.