Supreme Court annuls decree on National Police

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)