Supreme Court annuls decree on National Police

JAKARTA (JP): The Supreme Court suggested on Tuesday the revocation of a decree issued by former president Abdurrahman Wahid reinstating the post of the National Police deputy chief.

Chief Justice Bagir Manan who presided over the trial said that the issuance of the presidential decree No. 77/2001 on June 21 this year was an obvious abuse of power committed by Abdurrahman and had not been done in the interest of the National Police as an institution.

Bagir recommended that President Megawati Soekarnoputri revoke the decree immediately.

"The issuance of the decree to reinstate the post of a National Police deputy chief was to annul an initial decree the former president had issued, No. 54/2001, on the removal of the post from the organizational structure," Bagir told the court.

"His aim was to abuse power. This caused legal uncertainty in this case. We have decided that the decree is illegitimate."

During the snap Special Session of People's Consultative Assembly, the Supreme Court issued an opinion stating that Abdurrahman's decree to suspend the Assembly, the House of Representatives and the Golkar Party was illegitimate.

Earlier this month, the Senior Police Association filed a complaint with the Supreme Court demanding a judicial review in the matter of four controversial decrees on police affairs issued by Abdurrahman.

The decrees included No. 40/2001 on the appointment of Insp. Gen. Chaeruddin Ismail as National Police deputy chief; Decree No. 41/2001 on the suspension of National Police Chief Gen. Surojo Bimantoro; and No. 49/2001 on Bimantoro's dismissal.

Bagir, along with fellow panel justices Benjamin Mangkoedilaga, Paulus Effendy Lotulung, Iskandar Kamil and Laica Marzuki, decided to reject any demand to review the three remaining decrees, stating that the State Administrative Court held the authority to examine them.

"Even though we conclude that the issuance of the decrees have violated the rules of good governance and may affect the National Police, the President holds the authority to appoint or dismiss a state official under them. In this case, the National Police chief is the President's subordinate," Bagir said.

He, however, added that the effectiveness of the three decrees relied on the legitimacy of Decree No. 77/2001.

After the trial, the plaintiffs' lawyers, Adnan Buyung Nasution and Mohammad Assegaf, said they would not file a suit with the Administrative Court.

In an unrelated development, two of seven mid-ranking officers being interrogated by police in relation to insubordination charges, suddenly fell ill and had to be hospitalized at the National Police Kramat Jati Hospital in East Jakarta.

The officers were identified as Sr. Comr. Alfons Leomau and Sr. Comr. Badarulzaman, who were reportedly suffering from typhoid and a high fever respectively.

"The interrogation of these two officers have, therefore, been put on hold," National Police spokesman Insp. Gen. Didi Widayadi said. (tso/ylt)