Law Number 5 of 2026 regarding the National Police has been\nchallenged in the Constitutional Court (MK). The petitioners argue that\nthe formation of the Police Law is formally flawed because its drafting\nprocess allegedly ignored the legislative stages that should be\nconducted within the House of Representatives (DPR), including\nharmonisation by the Legislation Body (Baleg) and meaningful public\nparticipation.<\/p>\n
The legal counsel for the petitioners, Hijri Ruzbihan Baqli,\nexplained that the formal review application was submitted within the\ntimeframe regulated by the Constitutional Court. According to him, the\napplication was registered on 26 June 2026, nine days after the Police\nLaw was promulgated on 17 June 2026.<\/p>\n
\u201cBased on the applicable provisions, a formal review of a law can be\nfiled at most 45 days after the law is promulgated. This application was\nsubmitted within the permitted timeframe,\u201d Hijri stated during the\ninitial hearing for the formal review of the Police Law at the\nConstitutional Court Building on Tuesday (7\/7).<\/p>\n
Application Number 251\/PUU-XXIV\/2026 was filed by Zulfikar Putra\nUtama and Muhammad Ezra Suhaeri. Both individuals are requesting the\nConstitutional Court to annul the Police Law, as they deem it contrary\nto the 1945 Constitution and the regulations governing the formation of\nlegislation.<\/p>\n
In their petition, the applicants argue that the formation process of\nthe Police Law failed to meet the fundamental principles of good\nlaw-making, such as transparency, utility, and meaningful public\nparticipation.<\/p>\n
\u201cBased on factual findings, the Police Bill did not undergo\nharmonisation, consolidation, or conceptual stabilisation through the\nLegislation Body before the Bill was established as a DPR initiative\nduring the plenary session on 20 May 2026,\u201d said Zulfikar, representing\nthe petitioners.<\/p>\n
They also highlighted the alleged failure to conduct the\nharmonisation, consolidation, and conceptual stabilisation of the Police\nBill within the DPR\u2019s Legislation Body before it was brought to the\nplenary session as a parliamentary initiative.<\/p>\n
\u201cThe drafting of the Police Bill did not involve the Legislation Body\nat all to perform the harmonisation function as mandated by law,\u201d he\nadded.<\/p>\n
On this basis, the petitioners are asking the Constitutional Court to\ndeclare that the formation of the Police Law does not meet the\nprovisions for law-making under the 1945 Constitution, and therefore\nlacks binding legal force. They are also requesting that the previous\nregulations\u2014the version of the Police Law prior to the recent\namendments\u2014be reinstated.<\/p>\n
During the hearing, Constitutional Judge M. Guntur Hamzah requested a\nmore detailed explanation regarding the position of the first petitioner\nas a researcher at the Indonesian Parliamentary Centre (IPC),\nspecifically whether the application was filed in a personal capacity or\nrepresenting the institution.<\/p>\n
\u201cIf it is on behalf of the IPC, then it must be explained what kind\nof institution the IPC is, its articles of association and bylaws, and\nwho is authorised to represent it both inside and outside of court,\u201d\nGuntur stated.<\/p>\n
Meanwhile, Constitutional Judge Daniel Yusmic P. Foekh requested that\nthe petitioners clarify the argument regarding the non-involvement of\nthe Police Reform Acceleration Commission (KPRP) in the formation of the\nPolice Law. According to Daniel, the petitioners need to explain whether\nthe commission still exists and whether its lack of involvement truly\nrenders the law-making process flawed.<\/p>\n
\u201cDoes this commission still exist, or has its task concluded? If they\nwere not involved, does that automatically make the formation of the law\nflawed?\u201d Daniel asked.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/police-law-challenged-in-constitutional-court-over-alleged-flawed-legislative-process-1783417867", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }