Presidential control of police backed by legal experts
Presidential control of police backed by legal experts
JAKARTA (JP): In search of an independent and professional
police force, legal experts and a sociologist supported on Friday
a proposal to put the National Police under the direct
supervision of the president.
Legal experts J.E. Sahetapy, Sri Soemantri, Poedjo Moeljono
and Oka Mahendra, and noted sociologist Sardjono Jatiman said
during a seminar on police professionalism that an independent
police force was being demanded by the country.
"An independent police force, which is free from any political
intervention, is important for independent law enforcement in the
country," Sahetapy said during the seminar.
"We can't place the police under any ministry because it will
degrade the police's position," he added, referring to a proposal
to put the police under the supervision of the Ministry of Home
Affairs.
The National Police is currently under the supervision of the
Ministry of Defense after officially separating from the
Indonesian Armed Forces (ABRI) last year. ABRI has since been
renamed the Indonesian Military (TNI).
Poedjo, a constitutional law lecturer at Trisakti University,
said the separation of the police from any ministry was in line
with the spirit of the preamble to the 1945 Constitution.
"The preamble clearly states that the duty of the state is to
protect the whole nation and the land of Indonesia, in a sense
national security.
"We cannot separate defense and security functions, but we
have to differentiate between the duties, authorities and
responsibilities of the police and the armed forces," he said.
He further stated that the police had three main functions:
law enforcement, supervision of security and order and public
service.
Soemantri, a law professor at Padjadjaran University in
Bandung, cited historical facts as the grounds to place the
police directly under the president.
"It's true that our Constitution does not say anything about
the National Police. But they (police) also fought for the
country from the very beginning.
"An integration with the military in 1967 placed the police in
difficult situations which it couldn't avoid," he said.
Oka, an expert staff member of the minister of law and
legislation, discussed the legal aspects of moving the police
under the supervision of the president.
"We must be sure that the president won't interfere too much
with the police's operational and daily activities. We must limit
the president's authority over the police to being their chief in
name only.
"It's also important to set up an independent agency to watch
the police's performance for the sake of the public," he said.
Sardjono cited research by graduate students that showed some
70 percent of questioned experts supported the proposal to place
the police under the president's supervision.
Earlier in the morning, National Police chief Gen. Rusdihardjo
said the police were in the process of improving their image.
"We have instilled in our personnel greater professionalism
and integrity as part of our internal reforms," Rusdihardjo said
in a written speech read by Maj. Gen. Hamami Nata.
"We also plan to restructure the National Police to improve
our services," he added.
These claims of improvement, however, were challenged by other
speakers at the seminar.
"The police's position in the people's heart is more
important. The police have to improve their performance," deputy
chairman of House of Representatives Commission II on home and
legal affairs Ferry Mursyidan Baldan said.
"House Commission II has agreed to increase the police's
budget and personnel," he added.
Similarly, lawyer Nursyahbani Katjasungkana said it was
important to change people's negative perception of the police.
"The police have to change their paradigm and improve their
professionalism to be able to eradicate the negative
perceptions." (nvn)