Indonesia – Indonesia's Constitutional Court has issued a landmark ruling prohibiting active police officers from holding civilian government positions. Still, the implementation of the decision has sparked controversial discussions as thousands of police officers remain in posts across ministries and state agencies.
Constitutional Court Decision Number 114/PUU-XXIII/2025, delivered on 13 November 2025, struck down provisions that had allowed active members of the Indonesian National Police (INP) to occupy civilian positions through assignments from the National Police Chief. The ruling mandates that police officers must resign or retire before taking up positions outside the police structure.
Thousands of police officers in civilian roles
The scale of police placement in civilian positions has expanded dramatically in recent years. According to official data, 4,351 police officers held positions outside the National Police in 2025, including 1,184 officers at senior ranks. This represents a significant increase from 2,822 officers in 2024 and 3,424 in 2023.
High-ranking officers occupy prominent positions across government, including secretary-general positions at multiple ministries, inspector-general posts, and leadership of agencies such as the National Counterterrorism Agency. In March 2025 alone, the National Police Chief issued six telegrams assigning 25 high-ranking and mid-ranking officers to various ministries and institutions.
Conflicting government responses
The implementation of the ruling has been complicated by contradictory statements from government officials. Minister of Law Supratman Andi Agtas stated that officers already serving in civilian posts would not be required to resign, arguing the ruling applies only to future appointments. Meanwhile, Minister of Administrative Reform and Bureaucratic Reform Rini Widyantini emphasized that the government must respect the decision and that officers "must resign or retire."
As of late November, only one officer had been withdrawn from a civilian position. National Police Chief General, Listyo Sigit Prabowo, recalled Inspector General Raden Prabowo Argo Yuwono from the Ministry of Cooperatives and Small and Medium Enterprises on 20 November 2025, describing it as demonstrating commitment to the ruling.
Concerns over selective compliance
Constitutional law experts and civil society observers have demanded to fully implement the decision. Currently, the government appears to be "cherry picking" which Constitutional Court decisions to follow, implementing only those that serve its interests while ignoring rulings with significant public importance.
Observers note that Constitutional Court decisions are final and binding, taking immediate effect. Police analyst Bambang Rukminto warned that continued delay represents an unconstitutional practice and undermines the rule of law. The placement of officers in civilian roles has continued year after year due to weak oversight by Parliament's Commission III, which handles law enforcement matters.
Rights and governance implications
The Constitutional Court's decision followed a petition from advocate Syamsul Jahidin and student Christian Adrianus Sihite, who argued that the practice violated citizens' constitutional rights to fair access to employment. With approximately 7.46 million job seekers in Indonesia as of August 2025, civilian positions occupied by active police officers reduce opportunities for qualified civilians to obtain government posts.
The practice of positioning active police officers in prominent civilian positions creates significant conflicts of interest. Civil observers argue that the placement serves as a tool of political control, allowing those in power to extend influence across government agencies while compromising police independence. They warned that official non-compliance with court rulings undermines legal culture and public respect for the law. Without mechanisms to enforce compliance with Constitutional Court decisions, the independence and accountability of Indonesia's judiciary are at stake.
Path forward uncertain
The National Police has formed a working group to review the Constitutional Court decision, but no timeline has been announced for withdrawing officers from civilian positions. Some officials have suggested that certain agencies with law enforcement functions, such as the National Narcotics Agency and National Counterterrorism Agency, may still require police personnel.
Parliament's Commission III has established a working committee on police reform that will provide recommendations for revising the Police Law to align with the Constitutional Court ruling. However, critics note that the same parliamentary body failed to exercise adequate oversight as the practice expanded over the past decade.
As debate continues, civil society groups emphasize that the Constitutional Court's ruling represents an opportunity to restore the police force to its constitutional mandate of protecting and serving the community while ensuring fair access to public employment for all citizens.