el-Aqwal: Journal of Sharia and Comparative Law
Volume 5 Issue 2 (2026)

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 (Universitas Islam Negeri Sumatera Utara, Indonesia)
Ramadani (Universitas Islam Negeri Sumatera Utara, Indonesia)



Article Info

Publish Date
12 Aug 2026

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.

Copyrights © 2026






Journal Info

Abbrev

elaqwal

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, ...