Judicial Review of Police Education Requirements Rejected by the Constitutional Court, Petitioner Deemed to Lack Legal Standing

JAKARTA, LiterasiHukum.com – The petition for judicial review of Article 21 paragraph (1) letter d of Law Number 2 of 2002 concerning The Police the Republic of Indonesia has been decided inadmissible by Constitutional Court (MK). Chief Justice of the Constitutional Court Suhartoyo read out Decision Number 133/PUU-XXIII/2025 on Wednesday (17/9/2025) from the Plenary Session Room of the Constitutional Court.

Petitioners Lack Legal Standing

Constitutional Justice of the Constitutional Court Enny Nurbaningsih explained the Court's legal considerations regarding the constitutional arguments submitted by Leon Maulana Mirza Pasha (Petitioner I) and Zidane Azharian Kemalpasha (Petitioner II). Although both Petitioners have outlined their qualifications as individual citizens, namely a lawyer and a student, and explained the existence of constitutional rights guaranteed by the 1945 Constitution of the Republic of Indonesia, the Court considers that they do not have the assumption of loss due to the enactment of the law being petitioned. Thus, Constitutional Justice Enny asserted, "there is no doubt for the Court to declare that Petitioner I and Petitioner II do not have legal standing to act as Petitioners in the petition a quo." Although the Court has the authority to adjudicate the petition, because the Petitioners do not have legal standing, the Court decided not to consider the petition further.

Petitioners' Argument: Police Education Standards Deemed Irrelevant

Previously, the Petitioners argued that the norm a quo which stipulates the minimum education for prospective police officers is Senior High School (SMU) or equivalent, ignores the important correlation between educational background and substantive competencies required to carry out police functions professionally and responsibly. According to the Petitioners, the police function is no longer merely physical and administrative, but also demands mastery of special knowledge. This knowledge includes the fields of law, criminology, psychology, sociology, information technology, to public communication, all of which are more commonly found in Bachelor's Degree (S1) education. The Petitioners argue that law enforcement officers require adequate academic standards, such as the other "catur wangsa penegak hukum". They are concerned that if the article is maintained, it will conflict with Article 30 paragraph (4) of the 1945 Constitution of the Republic of Indonesia. This article mandates the role of the Police as a state instrument that maintains public security and order, and is tasked with protecting, nurturing, serving the community, and enforcing the law. Although high school graduates are not considered bad, the Petitioners argue that education at that level is not mature enough to carry out the heavy duties of the police. High school education focuses more on citizenship, state institutions, and character, so it has not explored comparative law, constitutional rights, criminal offense analysis, and various other sciences that are crucial for law enforcement.