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View all search resultsIn a 7-2 ruling, the Constitutional Court reasserts the requirement for active police officers to resign or retire from the force before taking jobs in civilian posts, a phenomenon that has been rampant since the administration of former president Joko “Jokowi” Widodo according to activists.
Constitutional Court ruling that bars active police officers from holding additional government posts has been welcomed as another step toward long-awaited reform of the National Police, starting with ensuring the force remains professional and focused on its core law-enforcement duties.
During a hearing on Thursday, the court ruled in favor of the plaintiffs who filed a judicial review challenging the 2002 National Police Law, which contains an ambiguous provision conflicting with another that stipulates that a police officer must resign or retire from the service before taking on additional roles in the government.
Justice Ridwan Mansyur said the challenged provision created legal uncertainty, as it was vague and contradicted the law’s clear mandate that officers must resign or retire before taking civilian posts. The article also triggered uncertainties for the career of civil servants outside the police force.
Legal Aid Institute (LBH) Jakarta welcomed the ruling, saying it strengthened the principle of neutrality and professionalism within the force by drawing a clear separation between law enforcement duties and government or political positions.
The group noted such a boundary had long been blurred in practice, particularly since former president Joko “Jokowi” Widodo took office in 2014, with at least 4,351 active police officers holding government posts in what it called a “police dual-function”. Such a practice erodes the post-reform commitment to civilian supremacy.
“This is a reaffirmation of the reform agenda calling for a professional National Police and the Indonesian Military [TNI], which has recently faltered,” LBH Jakarta wrote in a statement on Friday.
It urged President Prabowo Subianto and National Police chief Gen. Listyo Sigit Prabowo to withdraw all active police officers from government positions immediately.
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