Lawsuit regarding active police officers holding positions outside the National Police rejected by Constitutional Court
The Constitutional Court (MK) has declared inadmissible a petition challenging the provisions regarding the placement of active National Police members in positions outside the police organisation, as the petitioner lacked legal standing.
Petition Number 330/PUU-XXIV/2026, filed by Andika Adipura, was decided during the verdict reading session at the Constitutional Court Building in Jakarta on Tuesday.
“Declaring the Petitioner’s petition inadmissible,” stated the verdict of the Constitutional Court.
The petition sought to test Article 28A, paragraphs (2), (3), and (4) of Law Number 5 of 2026 concerning the Third Amendment to Law Number 2 of 2002 regarding the National Police of the Republic of Indonesia.
In the considerations read by the Chief Justice of the Constitutional Court, Suhartoyo, the Court assessed that there were no descriptions or convincing evidence to suggest that the petitioner’s alleged potential loss could be certain to occur due to the enforcement of the contested norms.
The petitioner was also deemed to have failed to specify the particular positions or jobs targeted that were relevant to the norms concerning the filling of positions outside the police organisation by National Police members.
According to the Court, the petitioner only described and proved himself as a citizen who had previously participated in the selection process for Civil Servant Candidates (CASN). However, the petitioner was unable to demonstrate a link between the alleged losses in the CASN selection process and the norms being challenged.
Furthermore, the petitioner failed to outline any specific CASN selection or recruitment process he intended to join that would be affected by these norms.
“Based on the legal facts presented above, the Petitioner cannot prove a causal relationship between the potential alleged loss of his constitutional rights and the enforcement of the contested norms,” said Suhartoyo.
Based on these considerations, the Court ruled that the petitioner lacked the legal standing to file the petition, rendering the application inadmissible.
Previously, Andika filed the judicial review because he believed that placing active National Police members in positions outside the police organisation could potentially reduce opportunities for civilians to obtain government positions through open competition.
In the preliminary hearing on Wednesday (9/9), Andika explained that he had participated in the CASN selection in 2018 and again in 2024.
In the amended petition on Tuesday (22/9), Andika clarified his interest in executive and managerial positions and added several pieces of evidence to strengthen his legal standing.
The petitioner argued that the provisions in the National Police Law have the potential to grant active police members access to certain positions outside the police organisation without undergoing the same open selection mechanism as civilians.