Chief Justice Suhartoyo (center) delivering the ruling for the judicial review of Law No. 20 of 2023 on the State Civil Apparatus, Monday (3/16/2026). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court declared Petition No. 56/PUU-XXIV/2026 on the material judicial review of Article 19 paragraph (2) letters a and b, Article 19 paragraph (3), and Article 19 paragraph (4) of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law) obscure. Therefore, it handed down a verdict to rule the petition inadmissible at the ruling hearing on Monday, March 16, 2026.

“The Court has no doubt to declare the petition a quo vague or obscure,” said Chief Justice Suhartoyo.

He explained that the norms petitioned for review were detailed in two petitums. First, to request that the norms be declared unconstitutional and not legally binding. Second, to request that the norms be declared conditionally unconstitutional and not legally binding.

However, those petitums are not presented as alternatives, missing the word “or” in between. Within reasonable reasoning, although the Court’s procedural law for judicial review allows for more than one petitums for the same norms, the petitums are not cumulative in the context of the petition a quo.

“Because the second petitum for the same norm has a different substance, it should have been formulated as alternatives by putting in the word “or” in between the two petitums in question,” Chief Justice Suhartoyo stressed.

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Physicians dr. Ria Merryanti and dr. Hapsari Indrawati and advocate Syamsul Jahidin challenged Article 19 paragraph (2) letters a and b, Article 19 paragraph (3), and Article 19 paragraph (4) of Law No. 20 of 2023 on the State Civil Apparatus (ASN Law). They contended that the challenged provisions give rise to an interpretation that active members of the Indonesian National Armed Forces (TNI) or the Police may occupy positions outside the TNI or Police institutions without first resigning or retiring from active service.

The Petitioners filed this petition on the grounds that, to date, many active officers of the Indonesian National Police (Polri) continue to occupy civilian positions despite the fact that in the legal considerations of Decision No. 114/PUU-XXIII/2025, the Constitutional Court has already interpreted that “Article 19 of Law No. 20 of 2023 as a legal basis (statutory basis) for placing police officers in certain ASN positions constitutes an act without legal basis.”

In Decision No. 114/PUU-XXIII/2025, the Constitutional Court affirmed that active Police members cannot be stationed outside the police structure. The decision is erga omnes and binding upon all state institutions, lawmakers, and government apparatuses. It rules out any interpretation allowing active Police members to be placed outside the police structure through elucidatory norms, administrative policies, or technical regulations, including the norms being challenged in this petition.

Article 19 paragraph (2) letters a and b of the ASN Law stipulates: “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) stipulates: “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.” Lastly, Article 19 paragraph (4) stipulates: “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.”

Accordingly, in their petitums, the Petitioners requested the Court to declare Article 19 paragraph (2) letters a and b, Article 19 paragraph (3), and Article 19 paragraph (4) of the ASN Law unconstitutional and without binding legal force. Alternatively, they requested that the Court declare Article 19 paragraph (2) letters a and b conditionally unconstitutional insofar as it is not interpreted to mean that “members of the Indonesian National Armed Forces and members of the Indonesian National Police referred to therein shall be those who have resigned or retired from active service.” They also requested that the Court declare Article 19 paragraphs (3) and (4) conditional unconstitutional insofar as they are not interpreted to require that such appointments be based on the respective institutional laws governing the Indonesian National Armed Forces and the Indonesian National Police.

Explore case No. 56/PUU-XXIV/2026 (in Indonesian).

Author       : Mimi Kartika
Editor        : N. Rosi
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.

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