Jakarta – Member of Commission III DPR RI Soedeson Tandra responded to Police Regulation Number 10 of 2025 regarding police members performing duties outside the organizational structure, which was signed by National Police Chief General Listyo Sigit Prabowo. Soedeson believes that the regulation does not conflict with the decision of the Constitutional Court (MK). “In my opinion, the National Police Chief’s Regulation is to regulate and provide legal certainty. Well, people just now asked, is there MK decision number 114, is it not contradictory? Let’s look at the MK decision first,” Soedeson told journalists on Sunday (14/12/2025). In the Constitutional Court’s decision number 114/PUU-XXIII/2025 on a lawsuit against Law Number 2 of 2002 concerning the Indonesian National Police or Polri. In its considerations, the Constitutional Court stated that Article 28 paragraph 3 of the National Police Act has the same spirit or content as Article 10 paragraph (3) of TAP MPR number VII/MPR/2000. The Constitutional Court stated that these two provisions stipulate that members of the National Police can only hold posts outside the police after they have resigned. SCROLL TO CONTINUE CONTENT The MK said that posts that require members of the National Police to resign or retire from the police service are posts that have nothing to do with the police. The Constitutional Court stated that this can be known by referring to Act Number 20 of 2023 on ASN. The Constitutional Court also said that the phrase ‘or not based on an order from the National Police Chief’ in the explanation of Article 28 paragraph (3) of the National Police Act does not explain any norms. The MK said that this phrase actually led to unclear norms. This caused the MK to delete the phrase. Soedeson then touched on the Constitutional Court’s decision. According to him, the Constitutional Court’s decision canceled the phrase ‘or not based on the instructions of the national police chief’. “So the Constitutional Court’s decision nullified the phrase ‘not based on an order from the National Police Chief’, which means that the police or members of the National Police who serve outside the institution are not authorized by the National Police Chief, this is not admissible. So Perpol number 10 of 2025 actually provides legal certainty and is not in conflict with the Constitutional Court’s decision,” said Soedeson. According to Soedeson, positions outside the police institution are positions that have nothing to do with the duties and functions of the National Police. He said that the Constitutional Court in its decision only canceled the phrase ‘or not based on the instruction of the National Police Chief’. “So the position is out there, and also without an order from the National Police Chief. In the past it was permissible, police were allowed to serve anywhere as long as their commander allowed them to serve. Now with the Constitutional Court’s decision, the Constitutional Court has canceled the phrase that there is no order from the National Police Chief. So for legal certainty number 10 he therefore offers for legal certainty,” said Perpol. In Perpol number 10 of 2025, the placement of posts for active Polri members in 17 ministries/institutions is explained. Soedeson said this regulation provided legal certainty. “There are already 17 agencies, which means it is not allowed outside of that, right for legal certainty. Article 30 paragraph 4 of the Constitution, there are three duties of the National Police, one is community service, the second is public safety, the third is law enforcement. Community service is very broad, so to have legal certainty the District Regulation regulates community services, social security of it can only be allowed in those 1 institutions,” he said. Furthermore, the Golkar Party politician touched on the role of the National Police in ministries and institutions. According to him, it will help related ministries and institutions to have Polri members in ministries related to Polri functions. “Let’s take the example of the Ministry of Energy and Mineral Resources, there is a lot of illegal mining, in fact ESDM needs the police to have the courage to understand the techniques, and that is to coordinate with the National Police Agency so that it is fast. There is another thing in BIN, namely safety and social order, security and public order, he needs eyes and ears,” he said. “The Perkap actually provides legal certainty because it is regulated that it is only allowed in 17 agencies, outside of that it is not allowed and there must be an order from the National Police Chief, that is clear,” he added. Polri ensures compliance with Karo Penmas regulations, National Police Public Relations Division, Brigadier General Trunoyudo Wisnu Andiko, explained that the regulations regulate the mechanism for the transfer of positions of active Polri members from Polri organizations and work procedures to organizational positions and ministry/institution work procedures. He said that the transfer of positions of Polri members is based on various regulations. One of them is Act Number 2 of 2002 concerning the National Police. “There are regulations in Act Number 2 of 2002 regarding the National Police in Article 28 paragraph (3) and its explanation which still have binding legal force after the judgment of the Constitutional Court (MK) Number 114/PUU-XXIII/2025,” Trunoyudo told journalists on Saturday (13/12/2025). Apart from that, he said there was also section 19 paragraph (2) b of Law Number 20 of 2023 on State Civil Apparatus (ASN). In Article 19 paragraph (2) letter b it is stated that certain ASN positions can be filled by members of the National Police. Then, Government Regulation (PP) Number 11 of 2017 on Management of Civil Servants (PNS). Trunoyudo said that section 147 states that certain ASN positions within certain central agencies can be filled by members of the National Police according to their competence. Implementation of Duties of Police Members in ministries/agencies/agencies/commissions: 1. Coordinating Ministry for Politics and Security, 2. Ministry of Energy and Mineral Resources, 3. Ministry of Law, 4. Ministry of Immigration and Corrections,5. Ministry of Forestry, 6. Ministry of Maritime Affairs and Fisheries, 7. Ministry of Transport, 8. Ministry of Protection of Indonesian Migrant Workers, 9. Ministry of Agricultural Affairs and Spatial Planning/National Land Agency, 10. National Weather Institute, 11. ⁠Financial Services Authority, 12. ⁠Center for Financial Transaction Reports and Analysis,13. National Narcotics Agency, 14. National Counter Terrorism Agency, 15. State Intelligence Agency, 16. National Cyber-Crypto Agency and 17. Corruption Eradication Commission. (view/image)