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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Arliyanda
Universitas Indonesia Timur
Economics, Econometrics & Finance Public Health Social Sciences

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Analysis Of The Limits Of Police Authority In Civil Service Positions Within The Indonesian State System Arliyanda
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9928

Abstract

This study aims to examine the limits of authority of active members of the Indonesian National Police in holding civilian positions outside the formal police structure and to analyze the implications of such practices for Indonesia’s constitutional system. This issue is significant because Polri is a state institution responsible for law enforcement and public security, and the placement of active police officers in civilian offices may give rise to constitutional concerns, conflicts of interest, and the weakening of the principle of civilian supremacy in a democratic state. The analysis focuses on constitutional–juridical aspects, normative regulations within statutory frameworks, and the practical implementation of assigning active Polri personnel to civilian positions within state institutions and government bodies. This research employs a normative juridical method using statutory, conceptual, and constitutional court decision approaches. The data were collected through a literature review of national legal journals, constitutional law doctrines, and regulations governing the status and authority of Polri. The findings indicate that the existing legal framework concerning the limits of authority for active Polri members to occupy civilian positions remains ambiguous and allows for broad interpretation. Such ambiguity potentially creates legal uncertainty and undermines the principles of neutrality and professionalism of state apparatuses. The study further reveals that decisions of the Constitutional Court play a crucial role in clarifying and reinforcing the boundaries of this authority as part of efforts to maintain the balance of power and strengthen civilian supremacy within Indonesia’s constitutional order. Therefore, clearer and more consistent legal norms are required to ensure that the involvement of Polri in civilian roles remains aligned with constitutional mandates and democratic principles.
Judicial Activism Of The Constitutional Court In Rulings On The Review Of Laws Karolus Charlaes Bego; Patawari; Arliyanda; Ricky Marpaung; Adeh Dwi Putra M
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.10029

Abstract

Judicial activism exercised by the Constitutional Court of Indonesia has become a prominent and contested phenomenon in the development of Indonesian constitutional law. This form of judicial behavior arises when the Court, in performing its authority to review statutes against the 1945 Constitution of the Republic of Indonesia, goes beyond annulling legal provisions and adopts progressive constitutional interpretations that effectively generate new normative frameworks. Such practices have sparked scholarly debate regarding the limits of judicial authority within the constitutional system based on the separation of powers. On one hand, judicial activism is regarded as a legitimate constitutional mechanism to safeguard human rights and citizens’ constitutional entitlements, particularly in situations where the legislature fails to adequately address demands for justice. On the other hand, excessive judicial intervention is criticized for potentially exceeding the Court’s role as a negative legislator and for creating imbalances in the relationship among state institutions. This study aims to examine the concept of judicial activism within Indonesia’s constitutional framework, analyze the constitutional basis of the Constitutional Court’s authority in judicial review, and explore how judicial activism is reflected in several landmark and progressive Constitutional Court decisions. The research employs a normative legal method using statutory, conceptual, and case-based approaches. The data are obtained through an extensive review of legislation, legal doctrines, and relevant national legal journals. The findings indicate that judicial activism practiced by the Constitutional Court plays a crucial role in strengthening constitutional supremacy and enhancing the protection of citizens’ constitutional rights. Nevertheless, such judicial activism must be exercised with due restraint and proportionality in order to prevent judicial overreach that could undermine the principle of checks and balances in a democratic state governed by the rule of law.
Co-Authors Adeh Dwi Putra M Karolus Charlaes Bego Patawari Ricky Marpaung