CHALLENGE THE ASSERTION THAT MEMBERS OF THE INDONESIAN NATIONAL POLICE ARE ACTIVE IN CIVIL SERVICE

Abstract

The assignment of active members of the Indonesian National Police (Polri) to positions outside the police force is considered to have the potential to promote institutional neutrality and legal certainty. The purpose of this study is to analyze the position of active members of the Indonesian National Police (Polri) in civilian positions and to determine the direction of law enforcement in accordance with the principle of civilian supremacy and security function allowances from the government bureaucracy. The research method used is normative juridical. The results of the study indicate that Constitutional Court Decision Number 114/PUU-XXIII/2025 is a constitutional correction to the phrase in the Elucidation of Article 28 paragraph (3) of the Police Law which opens up space for the assignment of active members of the Indonesian National Police to positions outside the police force. The decision emphasizes that members of the Indonesian National Police who will occupy civilian positions must first resign or retire from the police service. This provision is important to maintain the neutrality of the Indonesian National Police (Polri), prevent the splitting of dual functions as occurred during the ABRI era, and ensure a clear boundary between law enforcement functions and government bureaucratic functions. Comparisons with the United States, the United Kingdom, Germany, and France show that political activities and external security apparatus positions are important principles in democratic countries, although the form of regulation differs according to the legal traditions of each country. This study recommends synchronizing the Police Law, the Civil Servant Law, and laws on special institutions such as the Corruption Eradication Commission (KPK), the National Narcotics Agency (BNN), and the National Counterterrorism Agency (BNPT), as well as establishing a permanent status transfer mechanism so that the expertise of the Indonesian National Police (Polri) can still be utilized without maintaining active police status.