Constitutional Court Rejects Judicial Review of Police Law on External Postings

The Constitutional Court (MK) has rejected all aspects of a judicial review petition against Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia (UU Polri) in case Number 145/PUU-XXIV/2026. The ruling affirms the constitutionality of regulations governing the appointment of active police members to positions outside the police structure.

“The petitioners’ request is rejected in its entirety,” stated Chief Justice Suhartoyo as he read the verdict at the MK building in Jakarta on Wednesday (17/6).

The petition specifically challenged the elucidation of Article 28 paragraph (3) of the Police Law. The petitioners contested the phrase concerning positions outside the police force that may be held by active police members.

In its legal considerations, read by Constitutional Justice Adies Kadir, the Court emphasised that the substance of the issue raised by the petitioners had already been decided in previous cases. The MK referred to Decision Number 114/PUU-XXIII/2025 and Decision Number 123/PUU-XXIII/2025.

“The phrase ‘positions outside the police force’ refers to positions that have no connection with the police and has been declared constitutional by the Court,” Adies Kadir asserted during the session.

The Court found no new constitutional issues that could undermine the established legal position. The MK stated it remains consistent with its prior legal considerations as there are no compelling reasons to change that stance.

“The Court does not yet have strong and fundamental reasons to deviate from the legal considerations in Constitutional Court Decision Number 114/PUU-XXIII/2025,” Adies added.

With this ruling, the arguments presented by the petitioners are declared legally unfounded. The elucidation of Article 28 paragraph (3) of the Police Law remains valid and binding in accordance with the interpretation established by the Constitutional Court in its previous decisions.