House opposed to excessive power of police force
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)