Chief Justice Suhartoyo reading out the decree for the judicial review of Law No. 2 of 2002 on the Indonesian National Police, in the Court’s plenary courtroom, Monday (1/19/2026). Photo by Public Relations/Panji.
JAKARTA (MKRI)-The Constitutional Court (MK) has issued Decree No. 251/PUU-XXIII/2025 on the material judicial review of Article 3 paragraph (1) letter c and the explanation of Article 3 paragraph (1) letter c of Law No. 2 of 2002 on the Indonesian National Police (Police Law) against the 1945 Constitution. The decree pronouncement hearing was held at the Constitutional Court Building on Monday, January 19, 2026. The hearing was presided over by Chief Justice Suhartoyo and attended by seven other constitutional justices.
In the decree, the Court declared lapsed the petition filed by Syamsul Jahidin. “The Court declares the Petitioner’s petition lapsed,” said Suhartoyo as he read out the dictum of the decree.
Suhartoyo explained that the Court had received the petition filed by Syamsul Jahidin. However, the Petitioner did not appear at the preliminary hearing despite having been duly and properly summoned.
Further, Suhartoyo said that through its process server, the Court delivered the summons for the preliminary hearing to the Petitioner via WhatsApp on December 12, 2025 at 16.07 WIB. The Court also confirmed the Petitioner’s attendance on December 16, 2025 at 15.39 WIB and 17.31 WIB, including notifying him of the change in hearing schedule from 08.00 WIB to 07.30 WIB.
“At 17.37 WIB on December 16, 2025, the Petitioner stated that he would attend at 07.30 WIB. However, when the hearing opened and the Petitioner was called again, he did not appear,” Suhartoyo said.
In light of this, the Court proceeded with the hearing. In the justice deliberation meeting (RPH) held on December 17, 2025, the Court concluded that the Petitioner’s absence without a valid reason indicated that he was not serious in pursuing the petition at issue. Therefore, the petition was declared lapsed and the Court issued the decree.
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Petitioner Not Serious About Challenging the Self-Security Material
For the record, the petition registered as Case No. 251/PUU-XXIII/2025 was filed by Syamsul Jahidin. The Petitioner challenged provisions on self-security material (pengamanan swakarsa) in the Police Law, specifically the phrase “forms of self-security material” and its explanation, which includes business entities in the security services sector as well as the authority of the Chief of the Indonesian National Police (Kapolri) to regulate it.
The Petitioner argued that the provision contravenes the principles of a state based on the rule of law and legal certainty as stipulated in Article 1 paragraph (3), Article 27 paragraph (2), and Article 28D paragraphs (1) and (2) of the 1945 Constitution. According to the Petitioner, the elucidation expands the meaning of the norm in the article’s main body, giving rise to multiple interpretations and legal uncertainty.
The Petitioner further contended that the norm could create conflicts of interest and open room for abuse of authority, particularly in relation to the management of security service business entities and the legal status of security guards (satpam), who are, juridically, private-sector workers.
The Petitioner also highlighted the norm’s impact on the security guard profession, including the high cost of education and training, the requirement to renew membership ID cards, and the lack of adequate legal protection while performing duties in the field. On that basis, the Petitioner asked the Court to declare that the challenged provisions have no binding legal force.
However, because the Petitioner did not appear at the preliminary hearing without a valid reason, the Constitutional Court declared the petition lapsed.
See: Petition No. 251/PUU-XXIII/2025
Author : Utami Argawati
Editor : Nur R.
Translator : Siti Rosmalina Nurhayati
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.
Monday, January 19, 2026 | 10:57 WIB 73