He said the decision should apply only to future appointments, not to officers already assigned before the ruling was issued.
The ruling “does not apply retroactively,” he said, adding that officers who accepted civilian roles under earlier regulations should be allowed to complete their terms unless the National Police decide otherwise.
Speaking at the parliamentary complex in Jakarta, he stressed that the government must now ensure that future appointments comply fully with the court’s directive.
“For those currently serving, unless the police institution withdraws them, they do not need to resign, because they held their positions before the Constitutional Court ruling,” Agtas said.
He added that any transition must be handled carefully to avoid disrupting institutional operations.
He said the matter will be reviewed by the Commission for the Acceleration of Police Reform, which has been tasked with identifying which civilian roles align closely with police duties and which positions should no longer be filled by active officers.
The review is expected to clarify the boundaries between police assignments and civilian administrative functions.
Agtas pointed to institutions that traditionally employ active police officers, such as the National Narcotics Agency (BNN) and the National Counterterrorism Agency (BNPT), and noted that several ministries also operate law enforcement directorates.
Determining which posts require police expertise, he said, will be essential to prevent operational gaps during reforms.
“Regarding the Constitutional Court ruling, I believe it should apply to new appointees, newly nominated appointees. However, those already serving do not need to resign,” he said, emphasizing that a clear transition framework will help maintain stability across government agencies.
Previously, the Constitutional Court ruled that active police officers assigned to civilian government posts must resign or retire from the force, stating that such dual roles violate constitutional principles on civilian oversight.
The decision, issued Thursday (Nov. 13) as Ruling No. 114/PUU-XXIII/2025, nullified a provision that had allowed active officers to hold civilian positions without relinquishing their status, effectively prohibiting future dual appointments across state institutions.
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Translator: Bagus Ahmad Rizaldi, Cindy Frishanti Octavia
Editor: Rahmad Nasution
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