DPR at MK: Police Under Ministry Vulnerable to Minister's Political Agenda

JAKARTA, KOMPAS.com - Member of Commission III of the DPR, Hinca Panjaitan, emphasised several risks if the Polri were placed under a ministry. One of them is vulnerability to the political agenda of the minister overseeing it.

In the hearing for Case No. 63/PUU-XXIV/2026 at the Constitutional Court, Hinca, representing the DPR, asserted that Polri under the President is the appropriate and constitutional arrangement.

“Shifting Polri under a ministry would instead risk greater vulnerability to cabinet rotations, the minister’s political agenda, and a much narrower scope of influence than its national duties,” said Hinca during the hearing for Case No. 63/PUU-XXIV/2026, quoted from the MKRI YouTube broadcast, Wednesday (13/5/2026).

This is because, in Indonesia’s presidential system, ministers assist the President in specific affairs.

“Thus, this could blur the meaning of the chain of command that has run effectively so far. The concept of Polri under the President in Article 8 paragraph (1) of Law 2/2002 is direct and does not require intermediaries in the accountability structure,” said Hinca.

Additionally, he addressed concerns about the structural closeness between the President and Polri opening room for abuse.

“Rather, by strengthening oversight mechanisms, and those mechanisms already exist; the appointment of the Police Chief requires DPR approval,” said Hinca.

“This is what is called a safeguard designed consciously so that no single hand can grasp this institution alone,” he added emphatically.

Article 8 paragraph (1) of the Polri Law states, “The Indonesian National Police is under the President.”

Article 8 paragraph (2) of the Polri Law states, “The Indonesian National Police is led by the Police Chief who, in carrying out his duties, is accountable to the President in accordance with statutory regulations.”

Meanwhile, Article 17 paragraph (1) of the Polri Law states, “The President is assisted by state ministers.”

The three petitioners assess that Polri’s placement under the President raises potential discrimination, especially regarding advocates defending the opposition or parties opposing the government.

Placing the Police directly under the President without oversight and limitation mechanisms could lead to abuse of power contrary to the rule of law principle.

In their petition, the three request that the Constitutional Court declare Article 8 paragraph (1) of the Polri Law contradicts the 1945 Constitution of the Republic of Indonesia and has no binding legal force unless interpreted as, “The Indonesian National Police is under the President through the Minister in charge of domestic government affairs.” They also request that the Court declare Article 8 paragraph (2) of the Polri Law contradicts the 1945 Constitution and has no binding legal force unless interpreted as, “The Indonesian National Police is led by the Police Chief who, in carrying out his duties, is accountable to the Minister in charge of domestic government affairs in accordance with statutory regulations.”