Constitutional Court Ruling on Police in Civilian Roles Doesn’t Apply Retroactively

JAKARTA, KOMPAS.com – Minister of Law Supratman Andi Agtas stated that the Constitutional Court’s (MK) decision prohibiting active police officers from holding civil positions isn’t retroactive. This means it doesn’t affect those already in those roles.

Therefore, members of the National Police currently serving in civil office before the MK decision isn’t required to resign.

“It truly seems the Constitutional Court’s decision must be implemented, but it doesn’t apply retroactively,” supratman explained at the Parliament Complex, Senayan, Central Jakarta, Tuesday (2025/11/18 08:56:07). “This means all National Police officials already serving in these positions aren’t obligated to resign right now.”

Also read: National Police Headquarters Says There Are 300 Active Police Holding Civilian Positions

However,Supratman added that police officers could resign from their civilian positions if the National Police requests their return. It’s up to the National Police to decide if they want to recall their members.

“Except if the National Police,on its own initiative,withdraws its members from their ministry assignments,” said the Gerindra Party politician.

He also believes the Court’s decision will be valuable input for the newly formed Commission on Police Reform, established by President Prabowo Subianto.

Also read: The National Police will coordinate with the Constitutional Court regarding active Police Positions