Mahfud: MK Decision Closes PP and Perpol Options for Civil Service of the National Police

Former Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD (ANTARA)

Expert on state governance Mahfud MD emphasized that the Constitutional Court (MK) ruling regarding the prohibition of members of the National Police from actively occupying civil positions without a legal basis has closed all options for regulation through government regulations (PP) and police regulations (Perpol).

The decision is contained in the Supreme Court Decision Number 223/PUU-XXIII/2025. According to Mahfud, after the decision was read, the only constitutional step that the government could take if it wanted to regulate the placement of members of the National Police in civil positions was to revise the law, especially the National Police Law.

"Now the Constitutional Court says PP also can't. If so, in my opinion, the government, if it really wants to regulate it, then make the law," said Mahfud, Wednesday, January 21.

Mahfud emphasized that the regulation of civil posts that can be filled by active members of the National Police must be explicitly stated in the law. He assessed that there was no legal basis to justify the regulation being carried out through regulations under the law.

"If you want, wait for the revision of the Police Law. Put it in there. Want 17 positions, want 30, want 6 or 7, it must be included in the law according to the MK's decision," he said.

He also stated that the Perpol which had been issued by the National Police to regulate the civil position for active members had actually lost its legal basis since the Supreme Court Decision Number 114 was read in November 2025.

"Perpol actually has expired. It can't be implemented anymore," said Mahfud.

According to Mahfud, the attempt to move the regulation into the PP is also not justified. He emphasized that the PP only serves as a regulation for the implementation of laws, not to form new norms.

"The PP is a regulation of implementation. It must be incorporated into the law that allows it. The problem is, the law does not exist," he said.

Mahfud revealed that in a number of meetings between the government and the National Police Reform Commission, he had expressed objections to the plan to regulate through PP. According to him, this step is contrary to the principle of the hierarchy of laws and regulations.

"I have said, I can't PP. Where is the Cantolan? Lex specialis must be parallel. Law with law. PP can't fight the law," said Mahfud.

He reminded that the imposition of policies that are not in line with the Constitutional Court's decision has the potential to cause legal problems later.

"It may be forced because there is power, but one day it will cause legal complications. That's always the case," he said.

Mahfud emphasized that the Constitutional Court's decision had provided a clear direction. If the government wants to open up space for the placement of members of the National Police in certain civil positions, then the legitimate path is through discussion and approval of legislation in the DPR, not through derivative regulations.