Syahrizal Saib Siregar
Universitas Islam Negeri Sumatera Utara, Indonesia

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Active Police Officers in Civilian Positions after Constitutional Court Decision No. 114/PUU-XXIII/2025: A Constitutional Law and Siyasah Qadhaiyah Analysis Syahrizal Saib Siregar; Ramadani
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16736

Abstract

This study examines the restrictions on active members of the Indonesian National Police (Polri) holding positions outside the organizational structure of the police following Constitutional Court Decision No. 114/PUU-XXIII/2025, using siyasah qadhaiyah as an analytical framework. The appointment of active police officers to civilian institutions may blur institutional boundaries, undermine civilian supremacy, and create risks of abuse of authority. Employing doctrinal legal research with a juridical-conceptual approach, the study finds that the Court’s annulment of the phrase concerning assignments by the Chief of the National Police restores legal certainty and reinforces statutory limits on authority and the functional differentiation of public offices. From the perspective of siyasah qadhaiyah, the decision reflects the judicial function of correcting abuses of authority and protecting the public interest. Nevertheless, an overly rigid restriction on external appointments may create operational difficulties for specialized civilian institutions that legitimately require police expertise, particularly the National Narcotics Agency (BNN) and the National Counterterrorism Agency (BNPT). Accordingly, this study proposes a strict-exception regulatory model under which such appointments are permitted only on the basis of a direct functional connection with policing, demonstrated competence, and effective oversight, accompanied by the temporary suspension of active police command and coercive authority for the duration of the civilian appointment.