Indonesia's Constitutional Court has ruled that active Polri members cannot hold civilian positions without resigning or retiring. The decision eliminates a provision allowing assignments from the police chief. Experts warn of potential impacts on institutions like the National Narcotics Agency and ministries.
On November 13, 2025, Indonesia's Constitutional Court issued Ruling Number 114/PUU-XXIII/2025, fully granting the petition from advocate Syamsul Jahidin and student Christian Adrianus Sihite. The ruling declares that the phrase 'or not based on assignment from the Police Chief' in the Explanation of Article 28 paragraph (3) of Law Number 2 of 2002 on Polri contradicts the 1945 Constitution and lacks binding legal force.
Constitutional Court Justice Ridwan Mansyur explained, 'Substantively, Article 28 paragraph (3) of the Polri Law essentially affirms one important thing, namely that Polri members can only hold positions outside the police after resigning or retiring. There is no doubt. Such wording is an expressis verbis (clear) norm that does not require interpretation or other meaning.'
The ruling is final and binding, with prospective effect, though the Court can apply it retroactively if needed. Constitutional Law Expert Fahri Bachmid stressed the need for a government 'legal policy' instrument to manage the transition for active Polri members currently in strategic civilian roles. 'The aim is so that the constitutionalism principle manifested through the MK ruling can be adhered to, but on the other hand, as much as possible prevent various complexities in state and government impacts from the affected public positions,' he said on November 14, 2025.
Law expert from Dirgantara University Sukoco views the total ban as dangerous, potentially creating technical position vacancies in ministries and agencies. He highlights the fate of the National Narcotics Agency (BNN), which relies on Polri's investigative expertise. 'The impact is that ministries or bodies needing police assignments cannot except by stopping from Polri or still having to resign; the weakness is what about BNN and others that need Polri?' Sukoco stated. He recommends refining the article's explanation to allow Presidential assignments for roles related to Polri's functions.
The Corruption Eradication Commission (KPK), through Spokesperson Budi Prasetyo, said it is still studying the ruling. The decision is seen as a primary constitutional mandate to maintain Polri's separation from civilian positions, though it risks reducing the effectiveness of agencies needing police expertise.