Fri, 26 Apr 2002

Da'i set for legal battle over retirement ruling

The Jakarta Post, Jakarta

National Police Chief Gen. Da'i Bachtiar welcomed on Thursday the legal move taken by a number of high-ranking police officers to protest his decision to put them on the list of early retirees, despite an existing law which should allow them to continue their careers for up to three more years.

The police chief said a legal battle would be the best way to end the difference of opinion between himself and those that disagree with his own ruling that calls for mandatory retirement at age 55 instead of 58 as was ruled last year under a different administration.

Da'i dismissed the possibility that the conflicting interpretations of his ruling would spark a stand-off between the police's top brass -- some of whom agree with early retirement, and the rest who want it extended by three years. Both sides apparently are trying to prevent a repeat of the tense stand-off between many officers last year when former president Abdurrahman "Gus Dur" Wahid named Gen. Chaeruddin Ismael as their chief without approval from the House of Representatives, with some on the side of Gus Dur and others not.

"As the highest officer in the police force I understand the interests of the high ranking officers. I welcome their intention to settle this matter using legal measures (as opposed to forceful confrontation)," Da'i said.

Speaking to journalists on the sidelines of the inauguration ceremony of new Navy Chief of Staff Adm. Bernard Kent Sondakh and Airforce Chief of Staff Marshal Chappy Hakim at the State Palace, Da'i said that the police force would leave the matter to the legal system.

Several police officials, led by former Jakarta Police Chief Comr. Gen. Sofjan Yacob, held a meeting with the House leaders regarding their retirement age -- which was changed from 58 to 55 by Da'i, despite the passage of Law No. 22/2001 last year which stipulated 58.

But Da'i has continued to assert that Law No. 22/2001 could not legally take effect because of the absence of supporting regulations, and because the National Police Headquarters had already issued prior notices to the senior officers of their impending retirement.

"They share a different understanding of the (2001) law, but I appreciate that they will ask the Supreme Court to provide a legal opinion on the issue," Da'i said.