Indonesia's Constitutional Court has ruled that active Polri members must resign or retire to hold civil positions. The decision, Number 114/PUU-XXIII/2025, was pronounced on November 13, 2025, drawing responses from experts, DPR, and Polri. It eliminates a legal loophole in the 2002 Polri Law.
On Thursday, November 13, 2025, Indonesia's Constitutional Court (MK) fully granted the petition from advocate Syamsul Jahidin and student Christian Adrianus Sihite. Decision Number 114/PUU-XXIII/2025 declares the phrase 'or not based on assignment from the National Police Chief' in the Explanation of Article 28 paragraph (3) of Law Number 2 of 2002 on Polri unconstitutional and non-binding under the 1945 Constitution. MK Chief Justice Suhartoyo delivered the ruling in the Pleno Courtroom in Jakarta.
Article 28 paragraph (3) of the Polri Law states that Polri members may hold positions outside the police after resigning or retiring. The explanation previously allowed placements without Kapolri assignment, which has now been struck down.
Trunojoyo Institute Research Director Amin Iskandar views the decision as weakening Polri and distancing it from reform efforts. "This MK decision could actually distance the Polri institution from the reform spirit. The reason is that this decision is only normative legal in nature without implementing regulations after the MK decision," he said on November 14, 2025. He warns of the loss of thousands of experienced personnel disrupting bureaucracy under the Prabowo-Gibran administration and urges the government and DPR to respond quickly to avoid constitutional debates.
DPR Deputy Speaker Sufmi Dasco Ahmad stated that the legislature will review the ruling. "So, clearly in the considerations and so on, we are still studying, especially regarding what I understand, that police can only place personnel outside the police institution that intersect with police duties," he told reporters. Dasco emphasized that police duties are regulated in the 1945 Constitution, to be detailed with the PAN-RB.
Polri Public Relations Division Head Inspector General of Police Sandi Nugroho said Polri respects the MK decision and is awaiting the official copy for study. "Of course Polri will respect all decisions that have been issued and currently Polri is still waiting for what the official results are like, then it will be reported to Mr. Kapolri," he said. Previous assignments were based on requests from state institutions with Kapolri approval, and Polri is ready to adjust internal mechanisms.