Syamsul Jahidin (Petitioner) delivering the revisions to the judicial review petition of Law No. 2 of 2002 on the National Police, Monday (8/11/2025). Photo by MKRI/Bayu.

---

JAKARTA (MKRI) — The Constitutional Court (MK) held the second hearing for the material judicial review petition of Article 28 paragraph (3) of Law No. 2 of 2002 on the Indonesian National Police. The petition revision hearing for case No. 114/PUU-XXIII/2025, chaired by Constitutional Justice Arief Hidayat, took place in the panel courtroom on Monday, August 11, 2025. At the hearing, Petitioner Syamsul Jahidin stated that Christian Adrianus Sihite had been added as Petitioner II and that their profiles and explanation of their legal standing as citizens had been revised.

Petitioner II is a law school graduate who remains unemployed due to the enforcement of the norm being petitioned. The provision, the Petitioners argued, has kept Petitioner II from competing fairly in a public office vacancy that any civilian may fill through an open selection process.

“This has eliminated the right to equal opportunity in government. Furthermore, [I have] been deprived of the potential to earn income and pursue a career in public office, and have been subjected to discriminatory treatment due to the application of this provision, which grants special privileges to active members of the Indonesian National Police to occupy public offices without relinquishing their membership status,” Sihite explained.

Also read: Advocate Objects to Active-Duty Police Officers Holding Civil Positions

The petition for case No. 114/PUU-XXIII/2025 was filed by Syamsul Jahidin, an advocate and doctoral student, and Christian Adrianus Sihite, an unemployed law school graduate. They challenge Article 28 paragraph (3) of Law No. 2 of 2002 on the Indonesian National Police and its elucidation.

Article 28 paragraph (3) of the Police Law reads, “Members of the Indonesian National Police may occupy positions outside the police force after resigning or retiring from police service.” The elucidation of the provision further states, “The term ‘positions outside the police force’ refers to posts unrelated to police duties or not based on assignments by the Chief of Police.”

At the preliminary hearing on Tuesday, July 29, Syamsul said several active police officers have been appointed to civil posts outside the Police institutional structure without first resigning or retiring. These include roles such as chairperson of the Corruption Eradication Commission (KPK), secretary-general of the Ministry of Maritime Affairs and Fisheries, head of the National Narcotics Agency (BNN), deputy head of the National Cyber and Encryption Agency (BSSN), and head of the National Counterterrorism Agency (BNPT). This, he argued, violates the principle of public service neutrality and meritocracy, as well as harms the Petitioners’ constitutional right as citizens and professionals to equal protection under the law and equal opportunity in public governance.

The Petitioners believe that the legal provision and its elucidation lack clear limitations, allowing room for interpretation and loopholes that enable active-duty police officers to hold civilian positions without formally relinquishing their status. They argue that substantively, the provision has established a dual-function for the Police, enabling police officers not only to serve as law enforcement agents but also to take part in administrative, political, and social spheres.

Therefore, the Petitioners request that the Court declare the phrase “or not based on assignments by the Chief of Police” in the elucidation to Article 28 paragraph (3) of the Police Law unconstitutional and not legally binding.

Author         : Sri Pujianti
Editor          : N. Rosi
PR               : Fauzan F.
Translator     : Yuniar Widiastuti (NL)

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.

---