Beware Of Threats Of Demorilization And Civil War

A photo by Luthfiah VOI

JAKARTA - Tok..tok..tok.. the sound of the hammer sound of the judges of the Constitutional Court (MK) has just been knocked on. The echo immediately stopped constitutionally and penetrated all layers without limits. The sign of granting the request for the case with registration number 114/PUU-XXIII/2025 which sued Law Number 2 of 2002 concerning the Indonesian National Police (UU Polri) regarding the position of police officers in civil office. This decision is an important sign that a healthy state system requires a clear role, not a policy of status.

The decision was led directly by the Chief Justice of the Constitutional Court Suhartoyo in a plenary session at the Constitutional Court building, Central Jakarta, Thursday (11/13/2025). The phrase resigning or retiring from the police service' is a requirement that must be met by members of the National Police to occupy civilian positions. This formula is a formulation of verbis expressive norms that do not require interpretation or other meaning.

Land

The termination of the constitution which has 'forced' 8 generals and thousands of members of the police was initiated by a gate guard. He is named Syamsul Jahidin, who is 31 years old and comes from the Mataram area. His idea, which was born from the security guard uniform, was sharper and louder than the sound of police sirens. When all eyes and ears don't care and realize the phenomenon of active members of the Indonesian National Police (Polri) in civilian positions. Without hesitation he stood up and immediately sued anomalies that could potentially damage the integrity of the bureaucracy and main functions of the Police.

The security guard, who is now a doctoral student, registered his lawsuit targeting crucial phrases in the Explanation of Article 28 paragraph (3) of Law Number 2 of 2002 concerning the Police. The phrase, which reads or is not based on an assignment from the National Police Chief, allows members of the National Police to actively occupy civilian positions under the pretext of assignment.

Constitutional Justice Ridwan Mansyur said the phrase or not based on the assignment of the National Police Chief' did not clarify the norm of Article 28 paragraph (3) of Law 2/2002 which resulted in an uncertainty towards the norm in question. Ridwan added that the phrase or not based on an assignment from the National Police Chief'' had obscured the substance of the phrase after resigning or retiring from the police service in Article 28 paragraph (3) of Law 2/2002.

"Based on all the legal considerations mentioned above, the petitioners' argument that the phrase or not based on the assignment of the National Police Chief' in Article 28 paragraph (3) of Law 2/2002 has turned out to have caused confusion and expanded the norm of Article 28 paragraph (3) of Law 2/2002 so that it creates legal uncertainty as guaranteed in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia is legally reasonable," explained Ridwan.

The phenomenon of the large number of active Polri members occupying civilian positions in organizational structures outside the National Police, including the Chairman of the Corruption Eradication Commission, the Secretary General of the Ministry of Maritime Affairs and Fisheries, the Head of BNN, the Deputy Head of BSSN, the Secretary General of the DPD RI and the Head of BNPT. This is considered contrary to the principle of neutrality of state apparatus, lowering the quality of democracy and meritocracy in public services, as well as detrimental to the constitutional rights of applicants as citizens and civil professionals to receive equal treatment in public office filling.

Syamsul as the applicant assessed that the norm of the article substantively created the National Police's duality because it acted as state security and also had a role in the government, bureaucracy, and social life of the community. So what about the revision of the TNI Law, which in the first three months of 2025 had shocked the public. The pattern is almost the same, members of the TNI and Polri who are still active in civilian positions. However, through Syamsul, the Constitutional Court decided more quickly and emphasized that all active members of the National Police must retire and then serve in the public world.

The decision of the Constitutional Court (MK) is final and binding (finals and binding) and applies to the public (obligious omnis). Consequently, all parties, especially the relevant state institutions (DPR, President, Government), must comply with and implement the decision. In fact, the Constitutional Court's decision on the police and has shocked many people including the government.

Through the Minister of Law (Menkum), Supratman Andi Agtas stated that the decision of the Constitutional Court (MK) which prohibited the police from filling civilian positions did not take effect. Supratman Andi Agtas' statement emphasized that the police, who are currently filling civilian positions, do not need to resign unless withdrawn by the National Police Headquarters.

"In my opinion, what has happened, it means that it does not apply. For those who will be proposed to occupy the next position, civil office, if it is not related to the main task of the police, it is mandatory to resign or retire," said Supratman at the Senayan Parliament Complex, Jakarta, Monday, November 17.

According to him, the Constitutional Court's decision can take effect in the future. This means that the National Police Headquarters can no longer propose its members to fill civilian positions.

"For those who will be proposed to occupy the next position, civil office, if it is not related to the main duties of the police, it is mandatory to resign or retire," he said.

The Head of the Public Relations Division of the National Police, Inspector General Pol Sandi Nugroho, said that so far, members of the National Police have served in ministries and institutions because they are based on requests. Sandi added that the Police also do not want a new polemic of the Constitutional Court's decision. For this reason, through the working group team (Pokja) will work in a marathon to find the most appropriate formulation. The National Police will make a decision after receiving a working report from the Pokja Team.

"Yes, for the decision issue, the National Police Chief will get a special report from the pokja team about what the Police will do, whether it is related to those who are outside the structure, or those who will serve in ministries/agencies, either because of requests from the ministry of the institution, or because of better career development," Sandi said, Monday (17/11/2025).

"Then, if the official has been appointed, then the National Police Chief will issue a warrant to be submitted to the relevant ministries to be submitted whether it is accepted or not," he added. If it is not accepted, it can be returned. However, if it is accepted, it will be continued by the ministry of institutions to be proposed to the President through the President's decision for two-star and three-star positions. However, for field 1, it will be carried out or submitted through a decision of the relevant Minister," he continued.

Military And Death Of Meritocracy

Early March 2025, the Ministry of Defense together with Commission I of the Indonesian House of Representatives discussed the Revision of Law Number 34 of 2004 concerning the Indonesian National Army (TNI) which drew polemics from a number of activists, academics, and civil society. In the TNI Law, Article 47 regulates active TNI soldiers can occupy positions in 10 ministries or civil institutions. One of the points of revising the TNI Law is the addition of this number to 16 institutions (formerly 15 institutions). Interestingly, the revision of the TNI Law is now included in the DPR's National Legislation Program (Prolegnas).

Deputy Speaker of the Indonesian House of Representatives, Sufmi Dasco Ahmad, said that there were three articles discussed in the TNI Bill that had changed. The articles governing the TNI's retirement age limit, coordination between the Ministry of Defense and the TNI, and "which are the most highlighted" the provisions for soldiers to occupy positions in ministries or civil institutions.

"At this time, before it was revised, there were 10 [ministerial and institutional]. Then there were additions," Dasco said at a press conference at the Senayan complex, in mid-March.

The six additional civilian institutions that will be occupied by the military include the Ministry of Maritime Affairs and Fisheries (KKP), the National Disaster Management Agency (BNPB), the Maritime Security Agency (Bakamla), the National Counterterrorism Agency (BNPT), the Attorney General's Office (AGO), and the National Border Management Agency (BNPP).

Deputy Chairman of Commission I of the House of Representatives Dave Laksono explained that the need for placement of TNI soldiers in ministries and institutions has increased. The TNI has abundant resources while ministries and institutions often experience limitations. Therefore, Article 47 paragraph 2 of the TNI Law Number 34 of 2004 must also be changed. Active TNI soldiers in the TNI Law are currently only allowed to occupy positions in 10 ministries/agencies. In this revision, the placement will be added to 16 ministries/agencies.

Defense Minister Sjafrie Sjamsoeddin stated that the placement of active soldiers was carried out according to the needs and requests of the ministry/institution. However, there must be a selection for soldiers in occupying these civilian positions. "The soldiers who get positions outside the agency that is included in the regulation must resign. After retiring, it has only been proposed to the ministry and the institution in question. Of course, with measurable capacity and efficiency, and most importantly he is loyal to the state," he said.

Military observer and Head of the Indonesian Laboratory 2045 (Lab 45) Jaleswari Pramodhawardani, questioned the urgency of adding the six civilian institutions as mentioned by Sufmi Dasco Ahmad. "We have to be careful because in the end, all things can be included by the TNI on the grounds that the civilian community cannot afford it. So, what indicators are not able?" said Jaleswari to VOI.

Jaleswari also reminded the potential for "demorralization" among civil society, in this case, the State Civil Apparatus or ASN. "Civil servants or ASN have pursued careers from below, careers are clear in the bureaucracy. Suddenly, a lot of TNI was given to civilian positions," said Jaleswari.

ISEAS researcher Yusof Ishak Institute emphasized that it rejected the TNI Bill's plan and the addition of 6 public positions for active soldiers. He reasoned that the military world was never the same as civil life. This will shut down the meritocracy system.

"Many civilians, who have worked for decades, know exactly what happened, have been educated and even sent abroad to undergo training or take a bachelor's degree. Suddenly they entered the colonel or Brigadier General who didn't know anything," said Made.

Made reminded that the military rule only knew two things, namely command, hierarchical. The command culture cannot be brought to civilian positions that require consensus and deliberation in decision making.

He also reminded the public about the military's way of responding to criticism in the case of Teddy Indra Wijaya a few months ago. The promotion of Teddy Indra Wijaya from Major to Lieutenant Colonel was confirmed due to the civil office he was holding. And this needs to be debated, because it is suspected of violating the rules of the TNI Law itself. In fact,

Army Chief of Staff (KSAD) General Maruli Simanjuntak looks angry and asks the public not to debate the decision to raise ranks from Teddy Indra Wijaya. "Don't argue, that's our authority [TNI Commander General Agus Subiyanto and KSAD]. Don't continue to intervene," Maruli said on March 12.

Several VOI records related to public positions occupied by members of the military, Cabinet Secretary (Seskab) Teddy Indra Wijaya who had just been promoted as Lieutenant Colonel. Then, Major General TNI Maryono who served as Inspector General of the Ministry of Transportation (Kemenhub). First Admiral TNI Ian Heriyawan who occupies the position in the Hajj Organizing Body. Most recently, there is Major General TNI Novi Helmy Prasetya appointed as President Director of Perum Bulog by SOE Minister Erick Thohir. Novi Helmy is still listed as Commander General (Danjen) of the TNI Academy.

The United States as a liberal military country is subject to civilian control. This means that involving the military in occupying civilian positions and positions can only occur at the request of a civilian authority or a presidential order.

The military's role in the civilian realm is limited and is usually related to disaster management, helping law enforcement to maintain civil order or riots; but always under civilian control.