JAKARTA, LiterasiHukum.com – The judicial review petition of Article 21 paragraph (1) letter d of Law Number 2 of 2002 concerning the Indonesian National Police has been decided inadmissible by the Constitutional Court (MK). Chief Justice of the Constitutional Court Suhartoyo read out the Decision Number 133/PUU-XXIII/2025 on Wednesday (17/9/2025) from the Plenary Session Room of the Constitutional Court. 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 that there are 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 requested. Thus, Constitutional Justice Enny emphasized, "there is no doubt for the Court to declare Petitioner I and Petitioner II do not have legal standing to act as Petitioners in the application 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.

Petitioner's Argument: Police Education Standards Deemed Irrelevant

Previously, the Petitioners argued that the norm a quo which stipulates that the minimum education for prospective police officers is Senior High School (SMU) or equivalent, ignores the important correlation between educational background and the substantive competence required to carry out police functions professionally and responsibly. According to the Petitioners, the function of the police today is no longer just physical and administrative, but also requires 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 Education (S1). 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 upholding 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 task of policing. 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.