JURNAL HUKUM
Vol 42, No 3 (2026): Jurnal Hukum

Legal Certainty Dualism of Civilian Positions Active Members of the Indonesian Police

Rais Firdaus Handoko (Universitas Langlangbuana Bandung)
Widhi Handoko (Universitas Langlangbuana Bandung)



Article Info

Publish Date
20 Jul 2026

Abstract

This study aims to analyze the legal status of active police officers following the Constitutional Court's ruling to formulate a direction for legal harmonization consistent with the principle of legal certainty. This study uses a normative juridical method. The results indicate that the removal of the phrase "whether or not based on assignment from the Chief of the Indonesian National Police" strengthens the obligation for police officers to resign or take early retirement before assuming positions outside the police force. This ruling closes the legal loophole related to active assignments, effectively reviving the dual function of the police within the civilian bureaucracy. Constitutionally, this decision strengthens the principle of legal certainty by defining the boundaries of authority between the functions of the Indonesian National Police and post-reform civilian positions, thus ensuring that norms within the legal entity are no longer expanded by explanations that contradict their substance. This limitation maintains the neutrality of the Indonesian National Police, preventing it from becoming an instrument of political or bureaucratic power.

Copyrights © 2026






Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...