ANALISIS YURIDIS PASAL 28 AYAT (3) UU POLRI TERHADAP PENEMPATAN POLISI DI LUAR STRUKTUR ORGANISASI KEPOLISIAN

Abstract

This study was prompted by Constitutional Court Decision No. 114/PUU-XXIII/2025, which ruled that the phrase “or not based on an assignment from the National Police Chief” in the Explanatory Notes to Article 28, paragraph (3) of Law No. 2 of 2002 on the National Police of the Republic of Indonesia is inconsistent with the 1945 Constitution of the Republic of Indonesia and has no binding legal force. Nevertheless, the practice of assigning active-duty National Police members to civilian positions outside the police organizational structure continues to raise legal issues, particularly regarding the legal standing of explanatory notes in the legislative process and the potential criminal implications if such assignments are made in violation of applicable legal provisions. This study aims to analyze the legal standing of the Explanatory Note to Article 28, paragraph (3) of the National Police Law in light of Law No. 12 of 2011 on the Formation of Legislation, as well as to examine the criminal law implications of the placement of active-duty National Police members in civilian positions following Constitutional Court Decision No. 114/PUU-XXIII/2025. This study is a normative legal study employing the statutory approach, the conceptual approach, and the case approach. The legal materials used consist of primary, secondary, and tertiary sources, which were analyzed using prescriptive legal analysis techniques

Keywords: Police, Civil Service, Constitutional Court, Abuse of Authority