Petitioner of the judicial review of Police Law delivering the main points of his revised petition, Monday (8/12). Photo by MKRI/Panji.

---

Jakarta (MKRI) – The Constitutional Court (MK) resumed the material judicial review hearing of Article 19 paragraphs (2), (3), and (4) of Law No. 20 of 2023 on State Civil Apparatus (ASN Law) and Elucidation of Article 28 paragraph (3) of Law No. 2 of 2002 on the Indonesian National Police (Police Law) as interpreted in Constitutional Court Decision Number 114/PUU-XXIII/2025. The hearing for Case No. 223/PUU-XXIII/2025,  filed by an advocate, Zico Leonard Djagardo Simanjuntak, was held on Monday, December 8, 2025.

Legal counsel Ratu Eka Shaira stated that the Petitioner had revised the petition, particularly on legal standing and petitums. In the petitums, the Petitioner requested the Court to declare the phrase “members of the Indonesian National Police” in Article 19 paragraphs (2), (3), and (4) of Law No. 20 of 2023 on State Civil Apparatus contrary to the 1945 Constitution of the Republic of Indonesia and has no legally binding force.

“The Petitioner also asks the Court to declare the Elucidation of Article 28 paragraph (3) of Law No. 2 of 2002 on the Indonesian National Police as interpreted in Constitutional Court Decision Number 114/PUU-XXIII/2025, contrary to the 1945 Constitution of the Republic of Indonesia and has no legally binding force,” legal counsel Priskila Oktaviani read out the petitum.

Also read:

Questioning Police Officers in ASN Posts

Advocate Zico Leonard Djagardo Simanjuntak has filed a petition for judicial review of Article 19 paragraphs (2), (3), and (4) of Law No. 20 of 2023 on State Civil Apparatus (ASN Law), as well as the Elucidation of Article 28 paragraph (3) of Law No. 2 of 2002 on the Indonesian National Police (Police Law), as interpreted in Constitutional Court Decision Number 114/PUU-XXIII/2025.

The Elucidation of Article 28 paragraph (3) of the Police Law provides that “the term ‘positions outside the police’ refers to positions that have no connection with police affairs or are not based on an assignment from the Chief of Police (Kapolri).” This provision was subsequently interpreted by the Constitutional Court in Decision No. 114/PUU-XXIII/2025 as meaning that “positions outside the police” are those that have no connection with police affairs. Meanwhile, Article 19 paragraph (2) letter b of the ASN Law stipulates that “certain ASN positions may be filled by:… b. members of the Indonesian National Police.”​

During the first hearing, the Petitioner contended that the issue of police officers holding concurrent positions has not been resolved comprehensively and substantively by Decision No. 114/PUU-XXIII/2025.

In essence, the petitioner argued that this clause is closely linked to Article 19 of the ASN Law, as explained by the Government, which stated that “assignment from the Chief of Police” is only one element and not the sole legal basis for allowing police officers to occupy positions outside the police force. In other words, the more fundamental legal basis for such appointments is Article 19 paragraph (2) of the ASN Law, which explicitly provides that certain ASN positions may be filled by members of the Indonesian National Police.

The Constitution clearly mandates that members of the police may only hold positions outside the police after resigning or retiring from active service, while the Court, bound by judicial restraint, could not go beyond the scope of the request. Therefore, Article 19 paragraphs (2), (3), and (4) of the ASN Law remain in force as the legal basis for assigning police officers to posts in other institutions without requiring their resignation.​ Therefore, in the petitioner’s view, in order to ensure fair legal protection, the phrase “members of the Indonesian National Police” in the article a quo must be declared unconstitutional.

Case tracking

Author: Sri Pujianti.

Editor: N. Rosi.

Translator: Rizky Kurnia Chaesario

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.

---