Da'i set for legal battle over retirement ruling
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.