Police gaining momentum but need further reform

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