The Petitioners at the Preliminary Hearing of Case No. 19/PUU-XXIII/2025, Wednesday (3/19/2025). Photo by MKRI/Bayu.

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JAKARTA (MKRI) - Three legal consultants have filed a petition with the Constitutional Court (MK) to review the substance of Article 11 paragraph (2) and the Explanation of Article 11 paragraph (2) of Law Number 2 of 2022 concerning the National Police of the Republic of Indonesia.

"Fourth, order President Prabowo Subianto to propose the dismissal of National Police Chief Listyo Sigit Prabowo, and subsequently nominate a new candidate for the position to the House of Representatives (DPR)," said Petitioner Devita Analisandra, along with fellow Petitioners Syukur Destieli Gulo and Christian Adrianus Sihite, at the preliminary hearing for case No. 19/PUU-XXIII/2025, held on Wednesday, March 19, 2025.

The Petitioners argued that under the leadership of Listyo Sigit Prabowo, the National Police had failed to fulfill their duties as protectors, guardians, and servants of the people. They claimed it was evident from several incidents that deeply undermined public trust and the sense of justice.

For example, the petitioners said there was a presumption of intimidation by four police officers from the Central Java Regional Police against the band Sukatani, who sang the satirical song 'Bayar.' In addition, there was the case of Batu Bara Police Resort Officer Aipda S who was arrested for drug possession with evidence of 2.06 grams of crystal meth.

Article 11 paragraph (2) of the Police Law reads, "The proposal for the appointment and dismissal of the National Police Chief is submitted by the President to the House of Representatives along with the reasons." Then the Explanation of Article 11 paragraph (2) states, "The approval of the House of Representatives of the Republic of Indonesia for the proposal for the dismissal and appointment of the National Police Chief is carried out in accordance with the applicable provisions within the House of Representatives. 

The proposal to dismiss the National Police Chief shall be submitted by the President with valid reasons, including the fact that the term of office of the National Police Chief concerned has ended, at his own request, has reached retirement age, is permanently incapacitated, or has been convicted of a crime that has become final and legally binding. If the House of Representatives (Dewan Perwakilan Rakyat or DPR) rejects the proposal, the President shall withdraw the proposal and may resubmit at the next session."

The phrase 'accompanied by the reason' in the norm is not further regulated or at least not clearly formulated in the Police Law. According to the petitioners, the article in question is not only faced with normative issues but has also caused real problems. The position of National Police Chief currently held by Listyo Sigit Prabowo is invalid because he has not been reappointed by the elected president Prabowo Subianto, said the petitioners.

According to Article 8 paragraph (2) of Law No. 2 of 2002, the National Police Chief is accountable to the President in accordance with statutory regulations. The Petitioners emphasized that the appointment and dismissal of the National Police Chief are presidential prerogatives, and DPR approval is required as part of checks and balances.

The President has the prerogative to appoint strategic positions that have major implications for the achievement of state objectives, including the National Police Chief. The appointment and dismissal of the National Police Chief is the prerogative of the President. Therefore, with the end of the tenure of the President who appointed the National Police Chief in charge, the tenure of the National Police Chief should also end.

In addition to the above petition, the petitioners also petitioned the Court to declare that Article 11(2) and its Explanation of the Police Law are contrary to the Constitution of the Republic of Indonesia and have no legal binding as long as they are not interpreted as follows: Article 11 paragraph (2) becomes "The proposal for the appointment and dismissal of the National Police Chief is submitted by the President to the House of Representatives along with valid reasons, including: a. the end of the tenure of the President of the Republic of Indonesia in line with the tenure of cabinet members; b. being dismissed by the President during his/her tenure with the approval of the House of Representatives; c. personal request; d. attaining retirement age; e. permanent incapacity; f. being sentenced to a final and legally binding penalty.

No Adjudication of Concrete Cases

Deputy Chief Justice Saldi Isra led the preliminary hearing, which was accompanied by Constitutional Justices M. Guntur Hamzah and Arsul Sani. During the hearing, Justice Guntur noted that the Petitioner's request for the Court to order an official's dismissal was unusual and constituted a concrete case. In contrast, the Court's authority was limited to judicial review of legal norms. "This is an unusual request because it involves a concrete case. The Court is concerned with norm testing," Justice Guntur stated.

The Constitutional Justices also highlighted the lack of explanation regarding the Petitioners' legal standing and the absence of an apparent contradiction between the tested provision and the 1945 Constitution.

Before concluding the hearing, Deputy Chief Justice Saldi Isra announced that the Petitioners had 14 days to revise the petition, with the deadline for submission to the Registrar's Office set for Tuesday, April 8, 2025.

Author: Mimi Kartika
Editor: Lulu Anjarsari P.
PR: Andhini S.F.
Translator : Yuanna Sisilia

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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