House opposed to excessive power of police force

JAKARTA (JP): The House of Representatives agreed yesterday to modify a controversial bill that strives to give police what some analysts say excessive power.

Hari Soegiman, who chairs a special team deliberating the government-sponsored bill, said yesterday that police officers would now be given job descriptions and authority with enough legal basis and control mechanisms.

"We appreciate public opinion and have tried to make as many accommodations as possible. The public should no longer worry about excessively powerful police," Hari of the Golkar faction said.

The changes were introduced in some articles including the widely criticized one that allowed police to use force and fire arms while on duty.

Hari said the House special committee agreed to revise the article because it lacked legal basis. The use of force and fire arms by police was suggested by an international convention which Indonesia has yet to ratify, he said.

He said the committee finally opted to include the Criminal Code and the Criminal Code Procedures as reference in the bill, to give police legitimacy to take coercive measures. The new draft now says police are allowed to take "additional action" in self defense.

A delegation of three lawyer associations and a legal aid foundation criticized the bill on Monday. They suggested that the House delay endorsing the bill, saying that it would be prone to human rights violations.

Hari said the human rights concern sparked debates during the bill's deliberation.

"The bill does take human rights principles into account, although there are always risks of violating human rights in law enforcement," he said.

He was referring to an article which authorizes police to take necessary measures based on their own considerations in accordance with laws and the police code of ethics.

Hari said the bill also provides a mechanism to prevent an abuse of power by police.

"Police who commit professional mistakes will have to face (sanctions to be regulated in) the Police Code of Ethics, which will be established once the bill is passed, and those who break the law will be brought to a military tribunal," he said.

Hari said the modified draft of the bill did not give police authority to disperse a public meeting but only to monitor it. The old draft said police were allowed to stop, disperse and take other measures against illegal public meetings.

According to the new draft, police are allowed to impose a travel ban on crime suspects or fugitives whenever the immigration office fails to give them permission to do so.

Hari said police would selectively exercise the extraordinary right on Saturdays or Sundays, official holidays for government offices.

He said the bill required police to ask formal permission from the immigration office as soon as it resumed work.

"Should we allow a fugitive to flee only because of bureaucratic problems?" he quipped.

Along with the police bill, the House is deliberating a military tribunal bill, a military discipline bill and mobilization bill. (amd)