Indonesia's Constitutional Court, in Decision No. 114/PUU-XXIII/2025, ruled that active police officers must resign or retire to hold civil positions. The ruling eliminates the provision for assignment by the police chief to roles unrelated to policing duties. Government officials and police have pledged to respect and implement the decision.
The Constitutional Court (MK) Decision No. 114/PUU-XXIII/2025 granted a petition by advocate Syamsul Jahidin and student Christian Adrianus Sihite against Article 28 paragraph (3) and its explanation in Law No. 2 of 2002 on the Police. The court declared the phrase 'or not based on assignment from the Police Chief' contrary to the 1945 Constitution and without binding legal force. Constitutional Justice Ridwan Mansyur explained that police members may only hold positions outside the police force after resigning or retiring.
Legal expert Prof. Henry Indraguna stressed that the ruling does not totally prohibit active police from civil positions related to policing duties. "In that decision, the MK never prohibited active Polri members from holding certain positions in central government institutions as long as those positions are related to police duties," he said on November 17, 2025. The legal basis of Article 28 of the Police Law remains valid for assignments through official procedures, including requests from agencies, approval from the Ministry of PAN-RB, and a decree from the Police Chief.
Police Chief General Listyo Sigit Prabowo held a meeting on November 17, 2025, to formulate follow-up steps, forming a task force for quick studies. Polri's Public Relations Division Head Inspector General Sandi Nugroho stated that Polri respects the MK decision. PAN-RB Minister Rini Widyantini affirmed coordination with Polri for implementation, requiring affected officers to resign if necessary.
Forestry Minister Raja Juli Antoni respects the ruling but acknowledged the benefits of police personnel in his ministry, such as Inspector General Djoko Poerwanto for internal supervision and a special staff for forest fire prevention. He had sent a letter to the Police Chief requesting the best personnel for strategic tasks.
