Jakarta. The Constitutional Court ruled on Thursday that active members of the National Police may no longer hold positions outside the police institution, effectively shutting down a longstanding legal loophole that allowed senior officers to assume civilian posts in government agencies and state bodies.

The ruling amends the interpretation of Indonesia’s 2002 Police Law, which previously required officers to resign before accepting civilian appointments but included an explanatory clause permitting exceptions for those assigned through a formal mandate from the National Police chief. The Court declared this clause unconstitutional and devoid of legal force.

Chief Justice Suhartoyo, who delivered the decision, said the ambiguous wording in the law’s explanatory section had created room for conflicting interpretations, undermining the clarity of the core provision requiring police to step down before taking other roles. Thus, the phrase is deemed “against the 1945 Constitution” and must be omitted from the law.

The verdict was issued in response to a judicial review petition filed by lawyer Syamsul Jahidin and university student Christian Adrianus Sihite. They argued that the loophole had enabled active police generals to occupy strategic civilian posts -- among them Commissioner General Setyo Budiyanto, who became chair of the Corruption Eradication Commission (KPK), and Commissioner General Eddy Hartono, who currently heads the National Counterterrorism Agency (BNPT).

Constitutional Justice Ridwan Mansyur stated that the explanatory section of the law had only created confusion, contradicting the unambiguous requirement that police officers must resign or wait until retirement before assuming civilian duties. “The provision is clear and does not require additional interpretation,” he said, adding that explanatory texts should not introduce new norms that result in legal uncertainty.

With the ruling, the Court affirmed that any police officer seeking a civilian post must first resign or retire, emphasizing the need for legal certainty and the professional separation of state institutions.

National Police spokesman Inspector General Sandi Nugroho said the force would respect and comply with the Court’s decision. “In principle, assignments outside the institution come with strict criteria. However, with this ruling, we will conduct a thorough review,” he said.

Coordinating Minister for Legal Affairs Yusril Ihza Mahendra welcomed the decision, calling it an important reference point for ongoing police reform efforts. Yusril is a member of the recently established National Police Reform Acceleration Commission inaugurated by President Prabowo Subianto.

“In the Indonesian Armed Forces, the rule is clear -- active officers taking civilian roles must resign. In the police, dual roles have persisted due to the absence of explicit prohibition. This ruling clarifies that,” he said.

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