Experts Warn Police Bill Must Limit Discretion Rather Than Just Expand Authority

JAKARTA — Maradona, a criminal law expert from Airlangga University, has warned that the revision of Law Number 2 of 2002 concerning the Indonesian National Police (the Police Bill) must not focus solely on strengthening the institution’s authority. Instead, the revision must also clarify the boundaries of discretion and strengthen oversight mechanisms regarding the use of police powers.

“This revision of the Police Law must strengthen the limits of authority because broad discretion must be restricted; there must be parameters, control mechanisms, and human rights protections,” Maradona stated during a Public Hearing (RDPU) regarding the Police Bill at Commission III of the House of Representatives (DPR RI) on Tuesday (2/6/2026).

Consequently, overly broad discretionary powers pose a risk of abuse of power if not balanced with adequate supervision. “The risks that emerge, as we are currently experiencing, are that violence could become a normalised way to resolve problems, discretion could turn into arbitrariness, suspicion could turn into social labelling, and even significant law enforcement authority could weaken due process and public legitimacy,” he explained.

According to Maradona, the primary challenge within the police organisation lies in the use of discretion frequently exercised by officers in the field. In practice, police officers do not only work based on formal, procedural, and legalistic rules but also use situational considerations when performing their duties.

“It is the police officers in the field who operate with low-visibility discretion—discretion with low levels of supervision,” he said.

Maradona added that the current momentum for the Police Law revision is crucial as it follows the update of the national criminal justice system through the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP), which prioritise a more humanistic approach and restorative justice. “How the process of discretion is limited and controlled, and how procedural and legalistic processes are supervised, must be addressed,” he concluded.

In the DPR plenary session on 20 May 2026, the revision of the Police Law was officially established as a DPR initiative. The discussion of this revision follows recommendations from the Police Reform Acceleration Commission, which was formed by President Prabowo Subianto. One of the commission’s primary recommendations is to update the Police Law as part of the agenda for institutional police reform.