House Commission III Outlines Considerations for Placing Police in Civilian Posts

Chairman of the House of Representatives (DPR RI) Commission III, Habiburokhman, has detailed the considerations of the DPR and the government regarding regulations on placing active police officers in civilian positions related to police functions. “Commission III of the DPR RI together with the government has sought to regulate more comprehensively, proportionally, and fairly for members of the National Police (Polri) in terms of filling positions outside the Polri institution,” he said in a statement received in Jakarta on Wednesday. He explained that the regulation stems from two Constitutional Court (MK) rulings, namely number 114/PUU-XXIII/2025 pronounced in November 2025 and 223/PUU-XXIII/2025 pronounced in January 2026. According to Habiburokhman, in ruling number 114/2025, the MK affirmed that filling positions outside the Polri institution must have strict regulatory limits. The MK also closed the loophole of placing Polri members outside the institution based solely on an assignment by the National Police Chief. “In this case, the MK mandated that filling positions outside the institution must be related to the duties and functions of the Polri,” he said. Meanwhile, ruling number 223/2025 regulates the constitutionality of filling certain civil servant positions by Polri members. In its legal considerations, the MK affirmed that filling these positions must be clearly regulated in the Police Law. Commission III, said Habiburokhman, views the two MK rulings as an effort to answer problems in Article 28 paragraph (3) of Law Number 2 of 2002 concerning Polri and Law Number 20 of 2023 concerning State Civil Apparatus. “The MK is trying to provide a foundation for fairer, clearer, more measurable, and balanced or non-discriminatory regulations regarding the filling of positions by Polri members,” he said. He continued that the two rulings are interconnected and must be read in line and in one spirit. This was then translated by the government and the DPR through the norm of Article 28A in the revision of the Police Law. The lawmakers agreed that filling positions outside the Polri institution by active police officers is only allowed as long as the position relates to the scope of police duties and functions or through a presidential decree. Article 28A stipulates that Polri members can only fill positions in ministries/agencies responsible for maintaining public security and order; protection, shelter, and public service; as well as law enforcement. “This is exemplified by institutions like the Witness and Victim Protection Agency (LPSK), the Coordinating Ministry for Political and Security Affairs (Korpolkam), the Ministry of Law (Kemenkum), or the National Narcotics Agency (BNN),” said Habiburokhman. Filling positions in other institutions is still possible. However, he stressed that this is strictly regulated, namely as long as it is done at the request of a ministry/agency and relates to the expertise of the Polri member or an assignment from the president. “Outside of that, the person concerned must resign or retire from the police service. The procedures, requirements, and criteria will be clearly regulated in a government regulation,” he said. It is known that the DPR RI plenary session on Tuesday (9/6) approved the Bill on the Third Amendment to Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia to be passed into law.