Legal Literacy - Issuance of Police Regulation (Perpol) Number 10 of 2025 regardingMembers of the Indonesian National Police who Carry Out Duties Outside the Police Organizational Structure Sparked widespread debate in the public sphere. This regulation is considered problematic because it opens up space for the placement of active Police members in various ministries and state institutions. This issue is not merely administrative, but touches the heart of the principles of constitutional law, especially regarding the supremacy of the constitution, the hierarchy of legislation, and the neutrality of state apparatus in a democratic system. A fundamental question that arises is whether Perpol 10 of 2025 is legally valid under constitutional law, or whether it contradicts the constitutional principles that have been affirmed by the Constitutional Court (MK) through decision number 114/PUU-XXIII/2025?

Perpol in the Hierarchy of Legislation

In the Indonesian legal system, the hierarchy of laws and regulations has been clearly regulated. The 1945 Constitution occupies the highest position, followed by laws and regulations below it. Perpol is an internal regulation of a state institution which is hierarchically far below the law. In principle, Perpol should only be of a technical administrative nature, namely regulating the implementation of internal Police duties. It should not create new norms that deviate from, let alone contradict, laws or decisions of the Constitutional Court. In constitutional law, the principle applies lex superior derogat legi inferiori, namely that lower regulations must not conflict with higher regulations. Thus, the validity of Perpol 10 of 2025 is not only tested from a formal point of view, but also from the point of view of the content of its norms.