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Jakarta – Indonesia’s highest court has issued a landmark ruling prohibiting active police officers from concurrently holding positions within the civilian government, a decision delivered November 13, 2025. The Constitutional Court found existing regulations created ambiguity and potential conflicts of interest, addressing concerns raised by reform advocates and the public. The ruling mandates that officers must resign or retire from the police force before taking civilian government roles, clarifying Article 28, paragraph (3) of Law Number 2 of 2002. The decision is expected to bolster ongoing efforts to strengthen police accountability and separate law enforcement functions from administrative duties.
JAKARTA – Indonesia’s Constitutional Court has ruled that active police officers are prohibited from holding civilian government positions, a decision hailed as a significant step forward in ongoing police reform efforts. The ruling addresses long-standing concerns about potential conflicts of interest and the blurring of lines between law enforcement and administrative roles.
Otto Hasibuan, a member of the Police Reform Acceleration Commission and Deputy Coordinating Minister for Legal, Human Rights, Immigration, and Prison Affairs, said the court’s decision is a “very valuable input” for the commission. “I believe this decision is a very valuable input for us because this issue is one we have already heard from the public,” Hasibuan said Monday, November 17, 2025.
While the commission has not yet formally discussed the ruling with the National Police Chief or internally, Hasibuan confirmed the court’s findings align with issues previously raised by citizens.
The court’s decision, delivered November 13, 2025, fully granted a petition challenging Article 28, paragraph (3) of Law Number 2 of 2002 concerning the National Police. The ruling clarifies requirements for officers seeking civilian posts.
Constitutional Court Justice Ridwan Mansyur explained that the phrase “resign or retire from the police force” is a mandatory requirement for any officer seeking a civilian position. He stated the wording is explicit and requires no further interpretation.
Conversely, Mansyur argued that the phrase “or not based on assignment from the National Police Chief” creates ambiguity and undermines the clarity of the law. This ambiguity, he said, leads to uncertainty regarding eligibility for both police officers and civilian government employees.
The inclusion of the phrase “or not based on assignment from the National Police Chief” obscures the meaning of “after resigning or retiring from the police force” as outlined in Article 28, paragraph (3) of Law 2/2002. This, according to the court, creates legal uncertainty regarding who can hold positions outside the police force and impacts the career paths of civilian government workers.
“The ruling, stating: ‘1. Granting the application of the petitioners in its entirety,’” was delivered by Chief Justice Suhartoyo during a plenary session at the Constitutional Court in Jakarta, according to court documents.
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“Officially, we from the commission have not had discussions regarding the decision,” Hasibuan added.
