DPR and Government Agree on List of Issues Regarding Police Bill on Civil Service Appointments
Jakarta (ANTARA) - Commission III of the DPR and the government have agreed on the list of issues (DIM) for the Draft Law (RUU) concerning the Amendment to Law Number 2 of 2002 regarding the National Police, specifically regarding the placement of active police officers in civil positions related to policing functions.
The agreement was reached during a meeting of the Working Committee (Panja) for the Police Bill at the DPR Building, Senayan, Jakarta, on Monday, following a series of discussions between legislators and the government, represented by the Ministry of Law.
Deputy Minister of Law Edward Omar Sharif Hiariej, commonly known as Eddy, explained that the provisions regarding the assignment of National Police members outside the institution are contained in the proposed Article 28A, which consists of five clauses.
Under the proposed clause (2), positions outside the National Police organisation that are related to policing functions include managerial or non-managerial roles within ministries or agencies responsible for government affairs in three specific areas. Based on the meeting’s agreement, these three areas are: the maintenance of public security and order; the protection, guidance, and service to the community; and law enforcement.
Furthermore, the proposed Article 28A clause (3) stipulates that, in addition to the ministries or agencies mentioned in clause (2), National Police members may fill positions outside the National Police organisation provided there is a request from the relevant ministry or agency.
Clause (4) of the proposed Article 28A further regulates that, in addition to the positions mentioned in clauses (2) and (3), National Police members may fill positions outside the National Police organisation if assigned by the President.
Finally, the proposed Article 28A clause (5) stipulates that further provisions regarding the procedures for filling civil servant positions by National Police members will be regulated by a government regulation.
During the discussion, legislators questioned the constitutionality of the proposed Article 28A clauses (3) and (4). “Does [the proposed Article 28A] clause (3) and (4) not constitute a deviation from or contradiction to MPR Decree Number VII/2000 Article 10 clause (3)?” asked Wayan.
Responding to the question, Eddy explained that the provisions regarding the filling of positions outside the National Police structure will be regulated in more detail in a government regulation.
“It is possible that they may resign or retire if there is no connection to their duties or functions, but this will be regulated in more detail within a government regulation,” said Eddy.
According to Eddy, the existence of the proposed Article 28A clauses (3) and (4) must be maintained as they serve as the foundation for further regulation in a government regulation. “This serves as a bridge that we will later regulate in the Government Regulation (PP),” he added.
Wayan stated that he accepted the explanation from Deputy Law Minister Eddy. He also emphasised that MPR Decree Number VII of 2000 must be the guiding principle in the formulation of the norms regarding the placement of active National Police members outside the institution.