Controversial police bill endorsed without change

Controversial police bill endorsed without change

The Jakarta Post, Jakarta

The House of Representatives approved on Monday the controversial
National Police bill, which critics claimed was overly
militaristic and was possibly open to abuse by the president's
office.

Only a few changes had been made to the bill which was passed
despite severe public criticism.

The House initially responded to these criticisms by
postponing its passage on Oct. 24, and formed a special committee
to further review the bill.

The committee was given 19 days to disseminate information
about the bill and gather public input.

But no substantial changes on any of the critical points of
the bill were evident as it easily passed Monday's House plenary
session.

Legislators conceded that much of the public's criticism was
not taken into account. Some even formally apologized.

"Yes, we approved the bill without corrections in the
controversial articles," Roy B.B. Janis, chairman of the
Indonesian Democratic Party of Struggle (PDI Perjuangan) faction
replied when asked by The Jakarta Post.

However, he argued that the explanation to the new law should
suffice in insuring that abuses would not occur.

PDI Perjuangan, in its remarks, made a public apology after
having failed "to correct" the controversial articles.

The new law, submitted by the government in February, in
essence recognizes People's Consultative Assembly decree No. VI
and VII/2000, which separates the police from the Indonesian
Military.

One of the major complaints of the new law is the stipulation
that it places the primary duty of police in maintaining security
and public order above the role of serving and protecting the
people.

There is also a fear that the police may now also be prone to
be used as a political tool at the whim of the executive as the
force was placed directly under the authority of the president.

Minister of Justice and Human Rights Yusril Ihza Mahendra who
was present at the House on Monday, nevertheless defended the new
law.

Yusril seemed to shift the blame, arguing that the
controversial articles complied with Assembly Decrees and the
Constitution.

He pointed out that Article 30 of the amended 1945
Constitution clearly states foremost that police are an
institution which maintains security and order.

On the question of placing police under the supervision of the
president, Yusril further argued that the government is merely
heeding the stipulations of the Assembly decree.

"I really cannot answer if you ask me this question, since the
Assembly, as the highest institution in the land, decreed that
police would be under the supervision of the president," he said.

Yusril further tried to calm fears of possible abuses of
power, saying that despite the president's overriding authority,
police still have to act in accordance with the law.

"Structurally it is under the president. But the basis for
police action is the law, not the president," he insisted.

The new law will be ratified by the president and be enacted
by the president within 30 days.

Key Points of the New National Police Law

* Police will be placed under the authority of the president with
the chief of police directly accountable to the president.
* Police, as a state institution, will maintain security and
order, uphold the law, provide protection and serve the public
within the context of domestic security.
* Police personnel will be subject to civil law.
* Police must remain politically neutral and avoid involvement
in practical politics.
* Police must refrain from voting and cannot be elected.
* Maximum retirement age will be 58 extendable to 60.