Expert: Independence of Law Enforcement Must Be Protected from Intervention

The independence of law enforcement is considered one of the main foundations for maintaining public trust in state institutions. Amidst various dynamics accompanying case handling, every state body is reminded to respect the limits of its authority so that the legal process can proceed objectively, professionally, and free from intervention.

Intelligence, defence, and security expert Ngasiman Djoyonegoro assessed that the principle of the rule of law can only be upheld if every institution carries out its constitutional mandate in accordance with statutory regulations. He stated that there should be no action or impression that could be interpreted as an attempt to influence an ongoing legal process. He made these remarks in connection with an alleged corruption case involving the name of the Junior Attorney General for Special Crimes, Febrie Adriansyah.

‘A state based on law will only stand firm if every state institution exercises its authority in accordance with the constitution and statutory regulations. There must be no action, attitude, or impression that could be interpreted as an attempt to obstruct or influence an ongoing legal process,’ he said.

The man familiarly known as Simon stressed that National Police investigators must be given the space to carry out all stages of inquiry and investigation according to the authority regulated by law. He argued that the independence of law enforcement officers is a prerequisite for any case to be uncovered based on facts and evidence.

‘Investigators must be given the opportunity to work in accordance with legal provisions. They have a constitutional responsibility to uncover a case based on facts and evidence. Therefore, all parties must respect this process so that it proceeds without pressure or the perception of pressure from any party,’ he said.

Simon believes that public trust in the legal system is determined not only by the final verdict of a case but also by the belief that the entire process is conducted independently, objectively, and free from interference by other parties.

‘What we must safeguard together is public trust. There must be no perception that a particular state institution is trying to obstruct, influence, or exert pressure on the legal process being carried out by the National Police,’ he stated.

Furthermore, he said that relations between state institutions should be built on the basis of respect for each other’s authority as stipulated in the constitution.

‘Indonesia has chosen to be a democratic country that upholds the supremacy of law. This means that each institution has a different mandate but shares the same goal, which is to safeguard the interests of the nation and state. Therefore, every institution must respect the boundaries of authority established by the constitution and the law,’ he explained.

Simon also reminded that the national legal system has provided various mechanisms for those who object to the actions of law enforcement officers, ranging from internal supervision to pre-trial hearings.

‘If any party objects to the investigation process, feels aggrieved, or has a complaint regarding the actions of law enforcement officers, the state has provided legitimate legal mechanisms,’ he said.

He added that resolving matters through legal channels better reflects the principle of the rule of law compared to steps that could potentially create a perception of pressure on law enforcement officers. He noted that inter-agency coordination remains necessary in governance. However, such coordination must be carried out within legal corridors without diminishing the independence or authority of other institutions.

‘Coordination between institutions is certainly important. However, coordination must not create a perception of subordination or intervention in the authority of another institution. In fact, the professionalism of each institution is reflected in its ability to maintain the boundaries of its authority while building healthy synergy,’ Simon said.

Simon called on all elements of the nation to make respect for the supremacy of law the foundation for maintaining relations between state institutions. ‘What must win is not institutional ego, but the law. What must be safeguarded is not merely the authority of one institution, but the authority of the rule of law itself,’ he concluded.