Deputy Head of the National Nutrition Agency (BGN) Nanik S. Deyang has clarified the issue regarding the existence of active police officers who are said to still hold strategic positions in her agency.
Nanik, at the Presidential Palace complex, Jakarta, Thursday, said that there were no active members of the Indonesian National Police serving in the National Civil Service Agency (BGN), following the Constitutional Court (MK) ruling prohibiting police from holding civilian positions.
"Mr. Soni has retired. Besides, Mr. Soni is the deputy head of the agency. That position is permissible," said Nanik, when asked about the name of a high-ranking police officer, Sony Sanjaya, who currently serves as Deputy Head of the BGN.
Nanik explained that the official referred to in the issue was no longer an active police officer because he had officially retired as of November 1, 2025.
"Those who are not allowed are those at echelon 1 and below," said Nanik.
He emphasized that BGN complies with all statutory provisions regarding filling civil positions.
Provisions regarding the placement of Polri members in positions outside the police institution have been regulated in Law Number 2 of 2002 concerning the Republic of Indonesia National Police.
Article 28 paragraph (3) states that members of the Indonesian National Police can only hold positions outside the police force if the person concerned has resigned or entered retirement from police service.
The explanation of Article 28 paragraph (3) clarifies the scope of this regulation, namely that what is meant by "positions outside the police" are positions that do not have a direct relationship with police duties.
The Constitutional Court officially revoked the phrase "or not based on assignment from the Chief of Police" in the Explanation of Article 28 paragraph (3) of Law Number 2 of 2002 concerning the Police.
In Decision Number 114/PUU/XXIII/2025, which was read on November 13, 2025, the Constitutional Court stated that the phrase was contrary to the 1945 Constitution and therefore no longer had binding legal force.
With this decision, the Constitutional Court emphasized that regulations regarding the placement of Polri members outside the police institution must be fully in line with constitutional principles, particularly regarding the limits on civilian positions for active Polri members.
