JAKARTA: The Constitutional Court ruled in a seven-to-two decision on Thursday (Nov 13) that police officers are barred from holding additional positions in the government, a common practice in the current administration.
The petition was filed by a lawyer and a student challenging the Police Law, which contains an ambiguous provision conflicting with another provision that stipulates that a police officer must resign or retire from the service before taking on additional roles in the government.
Since President Prabowo Subianto took office late last year, the government has increasingly tapped active police and military officers to fill senior bureaucratic roles, reviving concerns among pro-democracy activists and analysts about the erosion of reforms that once sought to dismantle their involvement in civilian affairs.
In the ruling on Thursday, Justice Ridwan Mansyur said that while it was clear that the law mandated resignation or retirement from the police as a requirement for officers to hold additional offices, the challenged provision clashed with the law. T
his provision in question, Ridwan said, was vague and “created legal uncertainty surrounding the appointment of police officers to positions outside the police force”.
The court ruled to revoke the provision, in favoUr of the petitioners.
The vote was seven to two, with Justice Daniel Yusmic Foekh joining Justice Guntur Hamzah in dissent.
Daniel and Guntur said there were no legal grounds that would have justified annulment of the provision in question and therefore the provision did not violate the Constitution.
The growing presence of active police and military officers in government posts has previously sparked concerns among analysts, who warn that the trend signals a shift away from Indonesia’s post-Reform commitment to civilian supremacy in governance.
Since March, dozens of high-ranking police officers have been placed in key positions across various ministries, including the Environment Ministry, following a large-scale reshuffling carried out by National Police chief Gen. Listyo Sigit Prabowo. - The Jakarta Post/ANN
