Mahfud MD Says the Police Chief's Perpol 10/2025 as a Disobedience of Law

Member of the Commission for the Acceleration of Police Reform (KPRP), Mahfud MD (Antara)

MAKASSAR - Member of the Commission for the Acceleration of Police Reform (KPRP), Mahfud MD, strongly criticized the issuance of the Regulation of the National Police of the Republic of Indonesia (Perpol) Number 10 of 2025 which regulates the placement of active members of the National Police in 17 ministries/institutions (K/L).

He stated that the rule was explicitly contrary to the constitution, Law Number 2 of 2002 concerning the National Police, Law Number 20 of 2023 concerning the State Civil Apparatus (ASN), and the Constitutional Court's decision Number 114/PUU-XXIII/2025.

"I was the first to say that Perpol Number 10 of 2025 was a defiance of the constitution and the law. I said that before it was widely discussed," said Mahfud in Makassar, Tuesday, December 16.

Mahfud emphasized that if the National Police wanted to expand its strategic authority, the path to be taken must be through legislation. In fact, if necessary, President Prabowo Subianto can issue a government regulation to replace the law (Perppu).

"If necessary, the president can issue a perppu. However, it cannot jump directly to government regulations," he said.

Previously, on November 14, 2025, the Constitutional Court through Decision Number 114/PUU-XXIII/2025 confirmed that members of the National Police who occupy positions outside the police or civilian must resign or retire from the police service.

The Constitutional Court through the ruling removed the provision that has so far become a loophole for active police to occupy civilian positions without first releasing their membership status. The provision is contained in the Explanation of Article 28 paragraph (3) of the Police Law.

The explanation of Article 28 paragraph (3) of the Police Law reads, "What is meant by 'a position outside the police' is a position that has no connection with the police or is not based on an assignment from the National Police Chief".

In addition, the Constitutional Court considers the phrase 'or not based on assignment from the National Police Chief' in the Explanation of Article 28 paragraph (3) of the Police Law to be vague and raises legal uncertainty, so it is not in accordance with the mandate of Article 28D paragraph (1) of the Constitution of the Republic of Indonesia. 1945.

After that, on December 9, 2025, the National Police Chief, General Pol. Listyo Sigit Prabowo, signed Perpol Number 10 of 2025. Then, the Director General of Legislation and Regulation of the Ministry of Law, Dhahana Putra, promulgated the Perpol on December 10, 2025.

The perpol regulates that members of the National Police can carry out duties outside the police, namely in 17 ministries/institutions.

The ministries/institutions that can be filled by members of the National Police by referring to the Perpol are: 1. Ministry of Political and Security Coordination 2. Ministry of Energy and Mineral Resources 3. Ministry of Law 4. Ministry of Immigration and Corrections 5. Ministry of Forestry 6. Ministry of Maritime Affairs and Fisheries 7. Ministry of Transportation 8. Ministry of Protection of Indonesian Migrant Workers 9. Ministry of Agrarian and Spatial Planning/National Land Agency 10. National Resilience Agency 11. Financial Services Authority 12. Financial Transaction Reporting and Analysis Center 13. National Narcotics Agency 14. National Counterterrorism Agency 15. National Intelligence Agency 16. National Cyber Security Agency 17. Corruption Eradication Commission (KPK).