Police bill needs betterment to appease concerns<\/p>\n
By Anton Tabah<\/p>\n
SEMARANG (JP): Now that the House of Representatives have
\ncompleted their deliberations on the police affairs bill,
\nquestions are being asked about whether the necessary
\nimprovements have been made.<\/p>\n
Is the bill forward-looking or not? Has the bill reinstated
\nthe power previously taken away from the National Police? Can the
\nbill right the legal system which deviates from the criminal code
\nprocedure or the basic law? What does the bill offer to improve
\npolice human resources? How responsive is the bill to
\nglobalization? How will the bill regulate a professional asylum
\nin view of the increasingly difficult tasks of the police?<\/p>\n
The public has greeted the bill with mixed reactions and
\nstrong criticisms. Public critiques, like those aired by noted
\nlawyers, must be taken into account.<\/p>\n
The reasons for such a negative assessment fall into three
\nmain groups. First, it does not give due respect to human rights.
\nSecond, it legitimizes violence. And third, it gives the police
\ntoo much scope to use their power and authority.<\/p>\n
These responses relate to a number of controversial articles,
\nparticularly Article 12 (s) and Article 13 (b).<\/p>\n
Article 12 (s) states: "In a critical situation, to avoid a
\ndanger which threatens the safety of life and body, belongings,
\nhonor and decency, violence may be resorted to in accordance with
\nthe extent of the danger being faced."<\/p>\n
While Article 13 (b) states: "To prohibit, dismiss, stop or
\ntake other actions against public festivities and other public
\nactivities not covered with a license or not compatible with the
\nlicense granted if such activities are estimated to have a real
\npotential to disturb public security and order or violate human
\nrights."<\/p>\n
The use of violence by law enforcers, in the face of a danger,
\nhas been assessed and adjusted in response to the spectrum of
\nthreats encountered in the line of duty.<\/p>\n
The United Nations Resolution No. 34\/169, "Code of Conduct for
\nEnforcement Officials", which was passed on Dec. 17, 1979, allows
\nlaw enforcers, in particular the police, to resort to force in
\nprotecting the interests of the community at large. The
\ndifference is that the UN never uses the term "violence".<\/p>\n
This matter was emphasized in the eighth UN congress in
\nHavana, Cuba, in 1990 under the theme of "Prevention of Crime and
\nthe Treatment of Offenders". The congress agreed to the basic
\nprinciples on the use of force and firearms by law-enforcement
\nofficers. Four important factors contributed to the final
\nagreement.<\/p>\n
First, there is a need to maintain and improve working
\nconditions to guard against law enforcement officials using their
\nposition of power to accept or demand bribes.<\/p>\n
Second, the threat to law enforcement officials must be seen
\nas a threat to public stability as a whole.<\/p>\n
Third, law enforcement officials play a vital role in
\nprotecting human rights.<\/p>\n
Fourth, allowing law enforcement officials to resort to force
\nin such a situation.<\/p>\n
It stands to reason that the bill mentions such an authority
\nin one of its articles. Of course, Article 12 (s) must be
\nrevised, particularly with respect to the words "act of
\nviolence". It will give a better sense of justice if it is
\nrevised into an act of emergency or "force", as formulated by the
\nUN.<\/p>\n
In addition, the use of force should of course be explicated
\nto prevent misinterpretation and abuse of authority (in line with
\na previous UN resolution [1986] which calls on all member
\ncountries to pay special attention to this authority).<\/p>\n
What will happen if the police are not allowed an authority to
\nuse force in their complicated and risk-filled jobs? Of course,
\ncriminals will be very happy and double over with laughter.<\/p>\n
The same holds true with the comprehension of Article 13 (b)
\nof the bill. In fact, this does not run counter to human rights
\nbecause democracy and transparency have been redefined in the
\nexercise of human rights and freedom.<\/p>\n
The experiences gained by countries upholding the liberal
\ndemocracy system shows that freedom and human rights of a liberal
\nleaning have brought forth more disadvantages than otherwise.<\/p>\n
Take, for example, the definition set out by David Epter to
\nthe effect that human rights and democracy constitute a high
\nquality ability to control oneself. The licensing system in
\npublic activities is a subsystem of such self-control which will
\nat the same time ensure that the rights of the community may be
\nhonored and maintained while orderliness, smooth running and
\nsecurity are guaranteed.<\/p>\n
A system like this is applied in every country. Therefore, to
\nguarantee security and order, which are the rights of citizens,
\nit is necessary to establish management to deal with all forms of
\npublic disturbance.<\/p>\n
And so a question may arise: Is there a more fruitful
\nformulation than that contained in this article? There is, at
\nleast in a number of sectors.<\/p>\n
The lost authorities of the National Police, for example, can
\nagain be introduced into the bill. As for the legal aspects
\ndeemed to be deviating from the basic law, they should be
\ncorrected in the bill.<\/p>\n
The others are clauses relating to civil servant
\ninvestigators, the Law on Customs Affairs and the Law on
\nFisheries which are deemed not to comply with the criminal
\nprocedural code.<\/p>\n
A funny thing once occurred in the realm of fisheries. The
\nfindings of a police investigation into a criminal case in the
\nfishery area was rejected by the prosecutor on the grounds that
\nthe investigation should have been conducted by the Navy. If this
\nis so, then what will happen to the stipulation in the criminal
\nprocedural code that says the police are chief investigators.<\/p>\n
We also have to pay attention to a suggestion made by Dr.
\nAwaloedin Djamin who said that there should be a separate article
\ndedicated to civil servant investigators. He argues that many
\ncivil servants deviate from the criminal procedural code.<\/p>\n
The police, as chief investigators, are to serve as
\ncoordinators, patrons and supervisors of civil servants,
\naccording to the code. Therefore, the bill must clearly stipulate
\nthis (Kompas, April 22, 1997). However, the bill has yet to
\nincorporate the civil servants item in a separate article.<\/p>\n
As for the improvement of police human resources, it is more
\nappropriate for the bill to regulates this through a system of
\nrecruitment and career development for as long as an officer is
\nin active service.<\/p>\n
Then there are problems relating to the mechanism for going
\nabroad, such as the pursuit of suspects abroad, the growing
\nnumber of tourists and an increase in Indonesians working abroad.
\nThen there is the need to establish a police attache or a
\ndiplomat representing the National Police in every embassy.<\/p>\n
There are a host of other problems which are global in nature.
\nThe police must have a more flexible authority. Compare this with
\nother sections of the Indonesian Armed Forces who find it very
\ndifficult to run operations abroad.<\/p>\n
The police force cannot afford a delay if they are chasing
\nafter criminals. Time is an essential factor. Perhaps this line
\nof investigation will be more effective if it is incorporated in
\nthe bill.<\/p>\n
The problem of professional asylum is an interesting issue.
\nThe police now face an increasingly tougher job with more risks
\n(a mission impossible). For example, the punishment imposed on
\nsomeone who attacks a police officer. In the United States, the
\nculprit would be subjected to multiple punishment - a jail term,
\na fine and social work.<\/p>\n
This makes the law more effective because it acts as a
\ndeterrent. Problems related to operational budgets and facilities
\nand infrastructures should also be implied in bringing the police
\nforce to the fore. Without wide and rational support, improving
\nthe situation of police will be an empty slogan and a futile act.<\/p>\n
Can this golden opportunity be seized? The answer lies in the
\nquality of the bill itself.<\/p>\n
The writer is a police officer and an observer of public
\nsecurity and order.<\/p>",
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