Commemorating the Day BhayangkaraBy:M Khoidin
Author legal observers, an alumnus of Legal Studies Doctoral Program, Airlangga University in Surabaya; author of "Staring at the Police We Face"
Friday, July 1, 2005
The existence of police agencies is needed by society. None of the people who do not have the police institution. Police in charge of maintaining security and public order. In addition, police also play a role as law enforcers. The police are part of the criminal justice system, along with other law enforcement officers, prosecutors and the courts.
Life in a country can not run normally without the presence of police. Countries can work well without the troops, but not so if the police do not exist in the respective countries. Japan and Costa Rica (Latin America) had no army, but the life of the community can run safe, serene and peaceful, because in both countries there are police institution in charge of maintaining public.
Given the importance of police presence, then it is proper if the police are given independence in performing duties as a guardian of society and as a law enforcement officer. Without independence, the police are not going to be doing a good job. In Indonesia, since the winds of reform, police institutions continue to be addressed in line with the needs of the age and development of society.
Initially, the Indonesian National Police (INP) is part of the military. Police became part of the armed forces with another dimension, namely Army, Air Force and the Navy. The inclusion of the Police in the Armed Forces made the development of institutions and personnel of the Police are not going well. Thus the model makes no independent police institution. Police often intervened in performing tasks, especially in the performance of duties as law enforcement officers.
If a case involving or related to a relationship of interest with the other dimensions of the Armed Forces, the Police performance can not walk very well. Historical facts to prove how the Police are powerless to handle a case in which the Armed Forces who have interests other dimension. For example the case of Mars, abductions of pro-democracy activists, Udin murder case (Daily reporter Bernas), the Trisakti and Semanggi cases, and others.
Placing the Police as part of the Armed Forces is the only model in the world. In any country around the world, the police institution is independent and not subordinate to the military institution. Reality thus making cooperation between the Police with other state police did not run normally. Other countries do not cooperate with police because it is part of a military with offensive and destructive nature. While the intrinsic nature of the police as protectors and community purposes.
Seeing the reality of police performance often intervened extra judicial institutions, it later emerged the desire to be separated from the Armed Forces Police. Then, on 1 April 1999 the Police were separated from the Armed Forces. Furthermore, through Presidential Decree No. 89/2000, since July 1, 2000 Police are placed directly under the president. Presidential Decree was later confirmed as the MPR Decree No VII/2000 that put the Police under the president. Last confirmed with the Police Act No. 2 / 2002.
Police independence is very much required in the performance of duties as law enforcement. Criminal justice community that aims to restore the balance disrupted by the crime. In the framework of the implementation of criminal investigation, police have the independence to be absolutely free of extra judicial intervention powers. Independence is impossible without the police able to perform tasks well as law enforcement officers.
Other law enforcement officers, prosecutors and courts are already independent, so that they can freely carry out duties in criminal justice. Existing legal instruments has guaranteed the independence of institutions, namely Law No. 16/2004 on the Prosecutor and Law No. 4 / 2004 on Principles of Judicial Power, and Law No. 5 / 2004 of the General Court to guarantee the independence of prosecutors and judges in the judicial task.
While the new Police Act amended in January 2002 through Law No. 2 / 2002. It was made after pressure from various parties, since the Police made a month-month by President Abdurrahman Wahid. An assumption of equality of regulation for the institution utilized by the Police authorities to intervene into the body of police, as well as to undermine the performance and the presence of Police in addition to other law enforcement officials.
Not infrequently the police officers have difficulty carrying out tasks collided when extra-judicial powers outside themselves that make entries in the execution of police duties. Although the police have the discretion to perform their duties, the existence of structural and institutional shackles do not allow the police to develop diskresi well. In fact, the police discretion can be exercised within the framework of implementation of tasks as well as the maintenance orders of law enforcement official. (Physiology, 1991: 65).
Historically the existence of police agencies actually never stand alone. Based on Government Regulation No. 11 D Year 1946 dated July 1, 1946, police placed under the prime minister. But then Police was placed under military control under the State Defense Council Decision No. 112 dated August 1, 1947. These conditions continue to be maintained in the Law No. 20 Year 1982 on the Defense and Law No. 28 Year 1997 on the Police. However, based on Presidential Decree No. 89/2000 which was then confirmed through the MPR Decree No VII/2000, police had secured independence, and then confirmed through the Act No. 2 / 2002.
Independence Police policy by placing directly under the president means equalized with other law enforcement agencies. Attorney General has long been a separate institution independent of the departments (ministers) and located directly under the president. Attorney General in performing his duties is directly responsible to the president. Even more independent judiciary and free because it is outside the executive power. The judiciary is part of the judicial power of freedom and independence is guaranteed by Article 24 of the 1945 Constitution.
By placing the police under the president, then the police will be able to perform tasks freely and independently, free from intervention of extra-judicial powers. According Satjipto Rahardjo, if the police had been properly given full autonomy or authority in carrying out professional duties as an investigator. Because, the problem has been the obstacle in improving the image and prestige of Police is the autonomy of the police who can not run in full. (In Kunarto, 1995: 299).
Intervention Ruler
Although the Police have been independent since separated from the TNI, but she still is not sterile ruler of the intervention. As subordinate rulers (president) apparently the Police are still experiencing barriers. The most recent example occurred in the era of Gus Dur. President Abdurrahman Wahid unilaterally changing the time Chief of Police to create the prolonged controversy. Although legally the president of interventions that time is questionable and is in the opinion is considered valid, but should not be done if the cause of internal unrest in the body of Police. Moreover, if the policy was based on political interests just to retain power.
Learning from bitter experience, so that for future publication in the field of policing policy should really be done for internal purposes of the Police, not to maintain power. Therefore, the institution of the National Police Commission as mandated in Law No. 2 / 2002 should be immediately established to the formulation of policies concerning the police can work well. Although a policy has legal basis, but if a controversial issue will cause a reaction and suspicion among some that it is for political purposes in order to retain power.
In fact, constitutionally has been said that the police is a tool of state in charge of maintaining the community, not a mere tool of power or government. The spirit of independence that has been secured by the Police Act No. 2 / 2002 should be really implemented by the government. The President should not be arbitrarily me to intervene against the Police. In the Police Act No. 2 / 2002 has set the limit authority to issue policies in the Police by the President and the Chief of Police in accordance replacement mechanism MPR Decree No. VII/2000. ***
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