Judicial review at the preliminary hearing of Act No.2/2002 on Indonesian National Police (Police Act) - Case No.62/PUU-IX/2011- held the Constitutional Court (MK) on Wednesday (28 / 9) afternoon in Courtroom. Applicants are A.Muhammad Asrun, Dorel Almir and Merlina who work as advocates and assistant advocates. Petition is the examination of Article 8 and Article 11 of the Police Act.

Police revealed that the applicant Act contains a provision that the police were under the President considered contrary to the 1945 Constitution, because in 1945 there was no legal basis or a provision which provides that the Police are under the president.

Article 11 Paragraph 1 of Act 2 / 2002 refers to "Chief of Police is appointed and dismissed by the President with the approval of Parliament". Article 8 Paragraph 1 of Act No. 2 / 2002 states the Police are under the President. The provision is contrary to the 1945 Constitution, because none of the clauses in the 1945 Constitution which provided the legal basis that the police were under the President directly.

Unlike the Indonesian National Army (TNI), in Article 10 UUD 1945, stated that "The President is the Supreme Commander of the Army, Navy and Air Force".

Associated with the provisions of Article 8 and Article 11 of Act No.2/2002, Applicant briefly describes the history of policing in Indonesia. For example, in the Dutch East Indies, position, duties, functions, organizations, relationships and procedures for police work is devoted to the interests of the colonial government. Until the fall of the Dutch East Indies, the police is never completely under the Ministry of the Interior.

During the Japanese occupation, the police power is divided in two environments. First: Sumatra, Java and Madura, which is controlled by the Japanese Army. Second: eastern Indonesia and Kalimantan, which dominated the Japanese Navy. At this time many members of the Indonesian police force and replaced the previous rank for the Dutch nation.

Furthermore, during the physical revolution, the police remain on duty, including during the Soekarno-Hatta proclaimed Indonesia’s independence on August 17, 1945, and the police officially became independent Indonesian Police. After that, the police continued to post the proclamation, the United States of Indonesia and the Parliamentary Democracy.

Petitioner also revealed, in the period of parliamentary democracy, policing its own status between civil and military organization and regulation has its own salary. Members of the Police Staff Association organized in the Republic of Indonesia Police (P3RI) did not participate in the Korpri.

"That the history and practice of state administration is a better outline the police under the control of a ministry, currently located exactly under the Ministry of Defense," said Petitioner cases registered with this 62/PUU-IX/2011 numbers.(Nano Tresna A. / mh/Yazid.tr)