Christian Adrianus Sihite, as the Petitioner, delivering the main points of his petition at the preliminary hearing of the judicial review of Law No. 2 of 2002 on the Republic of Indonesia National Police, Thursday (1/8/2026) in the Courtroom. Photo by MKRI/Ifa.
Christian Adrianus Sihite re-challenged the provisions on dual positions for police in the Indonesian National Police Law.
JAKARTA (MKRI) – Christian Adrianus Sihite, an advocate, has filed a petition for a material judicial review of Article 28 paragraph (3) and the Elucidation of Article 28 paragraph (3) of Law No. 2 of 2002 on the Republic of Indonesia National Police (Polri Law) against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) to the Constitutional Court (MK). According to the Petitioner, the elucidation of the phrase “positions outside the police force” in the provisions of the article being challenged provides a loophole for active police officers to occupy civilian positions without relinquishing their status.
"This clearly contradicts the principles of professionalism, neutrality, and limitations on power in a state based on the rule of law. Doctrinally, this elucidation exceeds its authority because it changes the meaning of the basic norm in Article 28 paragraph (3) of Law No. 2 of 2002," said Christian during the Preliminary Examination Hearing for Petition No. 258/PUU-XXIII/2025 on Thursday, January8, 2026, in the Courtroom.
Christian continued, the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law shifted the norm of the main article which in the main article requires resignation/retirement if holding a position outside the police, but the problem arises when the Elucidation with "What is meant by 'position outside the police' is a position that has no connection with the police" expands the exception without clear limits. In legal theory, the elucidation should not add to or change the norm, but here the elucidation actually reduces the power of the prohibition in the body of Article 28 paragraph (3) of the Indonesian National Police Law which states: Members of the Indonesian National Police may hold a position outside the police after resigning or retiring from police service.
The Petitioner believes that Article 28 paragraph (3) of the Indonesian National Police Law expressly closes the door for active members of the Indonesian National Police to occupy any position outside the institutional structure of the Indonesian National Police, without exception. This norm is a legal order, not merely an administrative norm, so that any form of occupation of a position outside the Indonesian National Police institution by active members of the Indonesian National Police constitutes a violation of the norms of the law itself.
Meanwhile, the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law states: What is meant by "positions outside the police force" are positions that have no connection with the police force. According to the Petitioner, the phrase "having a connection" actually allows active members of the Indonesian National Police to hold two overlapping roles, namely law enforcers and officials outside the police force.
The Petitioner stated that the validity of the norms in the elucidation of the article directly closes the Petitioner's opportunity to compete fairly in filling public positions that should be open to civilians through an open selection process. The Petitioner stated that the article being Challenged is in conflict with Article 1 paragraph (3), and Article 28D paragraph (1) and Article 28D paragraph (3) of the 1945 Constitution of the Republic of Indonesia.
According to the Petitioner, Article 28 paragraph (3) and the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law do not fulfill the principles of consistency, coherence, harmony, synchronization and correspondence. In his petition, the Petitioner requested the Court to declare the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law to be in conflict with the 1945 Constitution of the Republic of Indonesia and not have binding legal force.
For your information, Christian is one of the Petitioners in Petition 114/PUU-XXIII/2025 for the judicial review of the same article and law. In its decision on the petition, the Court stated that the phrase "or not based on an assignment from the Chief of Police" in the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force. So after that decision, the Elucidation of Article 28 paragraph (3) of the Indonesian National Police Law reads: What is meant by "positions outside the police" are positions that have no connection with the police.
The petition was heard by a panel of justices chaired by Chief Justice Suhartoyo, by Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah. During the panel's advisory hearing, Justice Daniel stated that the petitioner must provide a clear explanation of the arguments that could lead the Court to shift its position following Decision No. 114/PUU-XXIII/2025.
"If a stronger argument can be built as to why this Elucidation is still being questioned after the Constitutional Court's decision, so that the Court can change its position, because the Court has stated its position in Decision 114/PUU-XXIII/2025, then when submitting a petition after it has been interpreted, an argument must be built that can influence the justice to change his position, that is important, otherwise there is a big possibility that this will be rejected if it is unable to convince the justice to change his position," explained Justice Daniel.
Before closing the hearing, Chief Justice Suhartoyo stated that the Petitioner could revise the petition within 14 days. Both soft and hard copies of the revised petition must be received by the Court no later than Wednesday, January 21, 2026, at 12:00 p.m. WIB. (*)
Track case No. 258/PUU-XXIII/2025
Author : Mimi Kartika
Editor : Lulu Anjarsari P.
PR : Andhini S.F.
Translator : Donny Yuniarto
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.
Thursday, January 08, 2026 | 12:36 WIB 96