Police Assignment Regulation Strengthens Public Services

Illustration of the National Police (Antara)

JAKARTA - Senior political analyst Boni Hargens confirmed that the Regulation of the National Police of the Republic of Indonesia (Perpol) Number 10 of 2025 is not in conflict with the Constitutional Court (MK) Decision Number 114/PUU-XXIII/2025. According to him, Perpol is actually a form of consistent implementation of the Constitutional Court's decision and is in line with applicable laws and regulations.

"The Police Regulation signed by the National Police Chief is in no way contrary to the Constitutional Court's decision. On the contrary, this Perpol is actually following up and implementing the Constitutional Court's decision consistently with the Police Law and the ASN Law," said Boni Hargens, Tuesday, December 16.

Boni explained that the Constitutional Court's decision on the material test of Article 28 paragraph (3) of the Police Law indeed confirmed that members of the National Police can only occupy positions outside the police after resigning or retiring. However, the explanation of the article also provides a clear limitation on the meaning of "positions outside the police".

"The explanation of Article 28 paragraph (3) states that a position outside the police is a position that has no connection with the police and is not based on the assignment of the National Police Chief. This is the key to understanding the logic of the law," he explained.

According to Boni, a position that has a relationship with police duties and is carried out on the basis of the Kapolri's official assignment cannot be categorized as a position outside the police.

"With a systematic legal logic, the assignment that still has a connection with the function of the National Police and is under the assignment of the National Police Chief is not a position outside the police as referred to in the Constitutional Court's decision," he said.

He assessed that public debates were often mistaken because they equated two fundamentally different concepts, namely "positions outside the police" and "police assignments".

"The position outside the police is a position that is completely separate from the National Police, both in terms of substantive duties and structural relationships. To occupy it, members of the National Police must resign or retire," he explained.

On the other hand, the police assignment is the placement of members of the National Police outside the conventional organizational structure, but still within the framework of police duties and the command of the National Police Chief.

"In this context, members of the National Police do not need to resign because they still carry out police functions, only in different forms and locations," he said.

Boni added that the assignment of members of the National Police in ministries and agencies also has a strong constitutional basis as stipulated in Article 30 paragraph (4) of the 1945 Constitution.

"The Constitution stipulates that the National Police is tasked with maintaining security and order, protecting, caring for, serving the community, and enforcing the law. This community service function is very broad and can be carried out through assignments in other government agencies," he said.

According to Boni, the involvement of members of the National Police in administrative positions in ministries and agencies is actually a concrete form of implementing public service functions.

"Through these positions, members of the National Police can contribute to the formulation and implementation of public policies that have a direct impact on public services," said Boni.

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He assessed that the experience and expertise of members of the National Police in security management, law enforcement, and cross-sector coordination are important assets for bureaucratic effectiveness.

"Thus, Perpol Number 10 of 2025 has a strong constitutional justification and is not in conflict with the Constitutional Court's decision or the 1945 Constitution," he concluded.