JAKARTA - The Chairman of the National Police Reform Acceleration Commission, Jimly Asshiddiqie, said that Police Regulation (Perpol) Number 10 of 2025 can be tested in substance to the Supreme Court if there is a request from the public who considers the regulation to be contrary to the law.
Jimly explained that the trial to the Supreme Court was one of three mechanisms available to cancel Perpol Number 10 of 2025. He conveyed this when asked for his opinion regarding the controversy over the regulation.
"The KPK regulations, PP, candy must be respected until there are authorized officials who declare it invalid. Who is the authorized official, there are three, one of the police themselves, right, the police can see, evaluate, yes, withdraw. For example. However, this cannot be forced, the person is the one who presses, then there is a second, the Supreme Court. The Supreme Court has the authority to review the regulations under the law against the basic law," said Jimly at the State Secretariat Ministry Office, Jakarta, as quoted from Antara, Thursday, December 18.
According to Jimly, the way to assess whether a regulation is in conflict with the law can be done by looking at the "considering" and "considering" sections in the regulation. He assessed that Perpol Number 10 of 2025 should list the police law that has been changed in accordance with the Constitutional Court Decision Number 114/PUU-XXIII/2025.
"The national police chief can change it again or revoke it, but the realistic one is to the Supreme Court," said Jimly.
Apart from the National Police and the Supreme Court, Jimly said there was a third authorized official who had the authority to cancel or change the substance of the Perpol, namely the president.
"The superior officer (the national police chief, ed) has the authority to issue a presidential decree or PP, which PP, for example, changes the material of the existing rules in the police. That's okay, that's more practical," said Jimly.
The Police Regulation Number 10 of 2025 has recently become the focus of public attention because it is considered to be in conflict with the Constitutional Court's Decision Number 114/PUU-XXIII/2025.
In the ruling, the Constitutional Court confirmed that members of the National Police were prohibited from occupying positions outside the police structure. This means that members of the National Police who occupy positions outside the National Police institution must resign or retire as members of the National Police.
However, the National Police Chief General Listyo Sigit Prabowo still signed Perpol Number 10 of 2025 which regulates that members of the National Police can occupy positions outside the police structure, especially in 17 ministries and agencies.
The ministries and agencies, among others, the Coordinating Ministry for Political and Security Affairs, the Ministry of Energy and Mineral Resources, the Ministry of Law, the Ministry of Immigration and Corrections, the Ministry of Forestry, the Ministry of Maritime Affairs and Fisheries, the Ministry of Transportation, the Ministry of Protection of Indonesian Migrant Workers, and the Ministry of Agrarian and Spatial Planning/National Land Agency.
In addition, the Perpol also regulates the placement of members of the National Police in a number of other strategic institutions, such as the National Defense Institute, the Financial Services Authority, the Financial Transaction Reporting and Analysis Center, the National Narcotics Agency, the National Counterterrorism Agency, the National Intelligence Agency, the National Cyber and Sandi Agency, and the Corruption Eradication Commission.
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