The Petitioners and their counsels at the preliminary hearing for the material judicial review of the Civil Service Law for Case No. 268/PUU-XXIII/2025, Monday (1/12/2026). Photo by MKRI/Bayu.

---

JAKARTA (MKRI) — Four Indonesian citizens from various backgrounds have filed a petition for judicial review of Article 19 paragraph (2) letter b, Article 19 paragraph (3), and Article 19 paragraph (4) of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) before the Constitutional Court. They argued that the provisions concerning certain ASN positions that may be filled by members of the Indonesian National Armed Forces (TNI) and the Indonesian National Police (Polri), as regulated in the challenged articles, are unconstitutional.

The Petitioners are private-sector employee/housewife Evy Susanti, ASN dr. Ria Merryanti, advocate Syamsul Jahidin, and nuclear specialist physician dr. Hapsari Indrawati. However, only Evy and Syamsul were present at the preliminary hearing for Case No. 268/PUU-XXIII/2025 on Monday, January 12, 2026.

“Active members of the Police, constitutionally, may not concurrently hold or occupy civilian positions, including ASN positions, without first relinquishing their status as state instruments,” said Syamsul.

Article 19 paragraph (2) letter b reads: “Certain ASN positions may be filled by: a. members of the Indonesian National Armed Forces; and b. members of the Indonesian National Police.”
Article 19 paragraph (3) reads: “The filling of certain ASN positions originating from members of the Indonesian National Armed Forces and members of the Indonesian National Police as referred to in paragraph (2) shall be carried out at Central Government Institutions as regulated in the Law concerning the Indonesian National Armed Forces and the Law concerning the Indonesian National Police.”
Article 19 paragraph (4) reads: “Further provisions regarding certain ASN positions originating from members of the Indonesian National Armed Forces and members of the Indonesian National Police and the procedures for filling such ASN positions as referred to in paragraph (3) shall be regulated by a Government Regulation.”

Syamsul explained that in Decision No. 114/PUU-XXI/2023, the Constitutional Court affirmed that active members of the Police may not be placed outside the police structure. The decision has erga omnes effect and is binding on all state institutions, the legislature, and government officials. The decision closes off any interpretation that would allow the placement of active Police members outside the police structure through elucidatory norms, administrative policies, or technical regulations.

According to the Petitioners, when interpreted systematically and harmoniously with the 1945 Constitution and the Police Law, the phrase “members of the Indonesian National Police” in Article 19 paragraph (2) letter b of the ASN Law can only be understood as referring to members who have resigned from or are retired from police service. Such interpretation in the Police Law should also be obeyed and implemented by institutions or ministries that share the same spirit for a career-based ASN system.

In their petition, the Petitioners requested the Court to declare Article 19 paragraph (2) letter b, Article 19 paragraph (3), and Article 19 paragraph (4) unconstitutional and not legally binding.

Alternatively, they requested that the Court declare the phrase “members of the Indonesian National Police” in Article 19 paragraph (2) letter b of the ASN Law conditionally unconstitutional if not interpreted as “members of the Indonesian National Police are members who have resigned from or retired from police service;” to declare Article 19 paragraph (3) conditionally unconstitutional if not interpreted to mean that “the filling of certain ASN positions originating from members of the Indonesian National Armed Forces and members of the Indonesian National Police as referred to in paragraph (2) shall be carried out at Central Government Institutions following statutory legislation as regulated in the Law concerning the Indonesian National Armed Forces and the Law concerning the Indonesian National Police;” to declare the phrase in Article 19 paragraph (4) conditionally unconstitutional if not interpreted to mean that “further provisions regarding certain ASN positions originating from members of the Indonesian National Armed Forces and members of the Indonesian National Police and the procedures for filling such ASN positions as referred to in paragraph (3) shall be regulated by the Law concerning the Indonesian National Armed Forces and the Law concerning the Indonesian National Police.”

The petition was examined by a panel comprising Deputy Chief Justice Saldi Isra (chair) and Constitutional Justices Ridwan Mansyur and Arsul Sani. In his advisory remarks, Justice Ridwan stated that the Petitioners had not clearly elaborated the relations between the alleged impairment of each petitioner’s constitutional rights resulting from the enforcement of the challenged provisions and the contradiction between those provisions and the articles of the 1945 Constitution used as the constitutional benchmarks in the petition.

“This is what has not yet been seen, so the legal standing is not yet firmly established here. It is not yet clear,” he said.

Before adjourning the session, Deputy Chief Justice Saldi Isra announced that the Petitioners would have 14 days to revise the petition. The softcopy or hardcopy of the petition must be received by the Court no later than 12:00 WIB on Monday, January 26, 2026.

Explore case No. 268/PUU-XXIII/2025 (in Indonesian).

Author         : Mimi Kartika
Editor          : Lulu Anjarsari P.
PR               : Adriana Airlia Yusrin
Translators   : 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.

---