Police gaining momentum but need further reform

M. Riefqi Muna Member of Supervisory Group of the U.K.-based Global Facilitation Network for Security Sector Reform (GFN-SSR). riefqi@gmx.net

In the beginning of 2002 the police had at their disposal a new law on national police that gave them greater institutional independence directly under the president. By the end of 2002 the police have been praised for their work with police from several other countries in the Bali terror investigation. Even so, many do not believe that the police are capable of achieving success in the near future. The negative image of the police has been created because in most cases, the police work extremely slow after a member of the community reports, for instance, a stolen vehicle. It may take years to solve, or more often than not never is.

The Bali investigation is a very special case that could be used as an effort perhaps to revive the lost credibility from the people. The saying that goes, "the police are hated and loved" is a mixed reflection of what people hope and the reality.

The Bali bombing investigation is also a litmus test for Indonesian National Police (POLRI) professionalism vis a vis other police teams from the Australian Federal Police, the American FBI and others from Singapore, Canada, Japan, Sweden etc. As the lead team, Polri's performance is very important to show that they are capable of handling the case properly. The progress of the police investigation related to Bali as well as the latest one - the Makassar McDonald's attack - will determine the professionalism of the investigative capacity of our police.

Another major problem was the battle of Binjai between the police and the Army, In which the clash further tarnished the image of the Indonesian Military (TNI), but may have reflected positively on the police. The police cited intimidation from military officers when the former was handling a drug case, with the military demanding the release of a friend and drug trafficking suspect in police custody.

After the police tried to hold firm to the laws, the Army planned their attack. The attack killed at least eight policemen, 60 prisoners escaped and over a ton of marijuana was taken by the attackers. None of the prisoners has been recaptured and the drugs have not been recovered. The military is investigating the incident.

Police and military leaders claim to be defenders of their beloved Indonesia. But people laugh and say, they simply carry out their own businesses, most of which are illegal.

The positive images of the police -- Bali investigation and showing restraint at Binjai -- can be used as momentum. Meaning that if the police are not able to keep a good track record, again, they will lose the momentum. So, it is a good start for the police to continue their image-building and professionalism as a civilian police force that is able to protect people and respond to crimes that happen across the country.

Professional police performance has to be shown regularly to gain the people's trust and confidence. Unfortunately, when we ask people about their experiences in dealing with police many say that they have to pay "expensive tips" to officers who complain of a low budget. The duty of the police is to protect people and not vice versa, and police have to have systems that are able to protect the community without demanding extra money from the victims. The problem is such bribery is not new with the police, even, according to some police officers, who ironically, demand millions of rupiah for more professional training.

Herein lies the dilemma. If the effort to professionalize the police forces has to become a priority for the government then the police have to do a domestic clean-up to start the reform.

The basis of a professional civilian police has started by the separation of police from the armed forces. The People's Consultative Assembly (MPR) Decree No. VI/2000 clearly stated that the police would be responsible for internal security while the armed forces are responsible for external defense. The separation of the police from the TNI is a basic foundation to become an independent police force with little intervention from the big brother, the Army.

However, in one case of the bombing in Cijantung Mall for example, one of the leaders of the army stated that he knew who committed the bombing, but would wait for the police to find out on their own. This similar statement is basically the modus operandi to undermine police work. But they should say, "we have the indication of the actor and we will help the police if needed". Meaning that despite there different basic roles they could cooperate without showing arrogance.

Here is the problem of police relations with their big brother that in day-to-day life they still interact on the ground. The police have offices in the capital city and local levels. The army also have a similar structure down to the village level of Babinsa (security system at district level under the District Military Command - Koramil). Since the basic duties of the military is for external defense, and the existence of the Army's territorial structure was to counter internal threat and mostly as a skeleton of domestic security, intelligence, political and economic role, the possible disharmony in current relations between the police and army officers is likely.

In this regard, there is an urgent need to solve the problem through a more institutional approach rather resolving the problems case by case.

Accountability is needed for every section of life and that especially includes the police force. As a law enforcement agency the police must be accountable objectively in all levels, but our knowledge is still far from adequate. As stated above, the separation from the armed forces provides a first foundation for the police to be independent and manage their own tasks to protect the community from all types of crime.

Another crucial aspect for the program is enhancing the training that enables the officers to conduct its exercises (including discretional rights) professionally without committing human rights violations. As has been reported by Kontras (Commission on Missing Persons and Victims of Violence) in the year 2001 the police had the highest number of reported cases of human rights abuse in Aceh. Meaning that there is an urgent need to enhance the training for the police, not only in human rights issues but to overcome new types of transnational organized crime that surely threatens Indonesia. However, despite the police separation from TNI, they are not yet able to move-out entirely from the military culture. Looking at the Law No. 2/2002 on National Police it shows that the structure and function of the police is just a copy of the military structure minus external defense.

Indeed, the position of the police directly under the President gives the opportunity of using the police force as a political tool for the president, and the autonomy to use a force is also reflected politically. Other problems are that the police have their own autonomy for their needs assessment on budget, human resources development and facilities. In proper democratic governments the three above must be designed and fulfilled by other institutions so that the police are subordinate to home affairs ministry or the ministry of justice for example.

The position of the police under certain institutions will not be welcomed by the police, however, because it has to be a political decision in the near future. The point is that the separation of police from the armed forces is the right thing to do, but juxtaposing the police directly under the president is politically dangerous. In a democratic country, the military has to be subordinate to the Ministry of Defense.

The accountability in operations also needs to be clarified, especially when the police have to work jointly with the members of the TNI to overcome regional violence or separatism in several areas of the country. The military soldiers that are deployed in a support operation of the police have to respect the police or there will be several conflicting interests.

If the roles could be established and respected it would also rid us of certain payment demands made by the TNI when the police call them in as support.

To improve police performance besides what has been elaborated above, there is an important area that needs to be addressed especially in the mechanism of cooperation with the military personnel. First, the decision on the use of military personnel to help the police should be under civil authority (government), and not the police themselves; second the responsibility for stability and support of the police must be under the civil authority; third, the responsibility of the command structure should be under the police chief.

Finally, it has to be strongly stated that the role of police is for law enforcement and public order. In this sense any other duties currently still managed by the police need to be reformulated. Due to financial interests, the police still look after the bureaucratic role that has to be given to other relevant institutions such as the taxation of motor vehicles (BPKB) and vehicle identification (STNK). While the driver's licenses are still under the police authority, the other two have to be submitted to the right institutions such as the tax office.

The writer is also Executive Director of The RIDEP Institute, and Researcher at National Institute of Sciences, Jakarta