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.