Expert witnesses have voiced support for the National Policeâs authority to issue driving licenses and vehicle documents, arguing that the functions are part of the forceâs duty to serve and protect
xpert witnesses have voiced support for the National Police's authority to issue driving licenses and vehicle documents, arguing that the functions are part of the force's duty to serve and protect.
During a hearing at the Constitutional Court on Tuesday, former court justice Maruarar Siahaan argued that the police's administrative work was part of its monitoring efforts to maintain security.
'The police need to be able to control [civil registration] through the licensing procedure for the sake of security,' Maruarar said.
Administrative law expert La Ode Husen of the Indonesian Muslim University also testified that the authority did not violate the Constitution.
'In implementing the authority, the police don't violate the citizens' constitutional rights and the procedures don't result in material losses,' La Ode said.
A group calling itself the Civil Coalition for Police Reform, comprising the Alissa Wahid Community led by the daughter of late former president Abdurrahman 'Gus Dur' Wahid, Malang Corruption Watch, the Indonesian Legal Aid Foundation and the Muhammadiyah Youth Association, has filed a judicial review challenging the police's authority.
The police are accused of misusing their authority and unconstitutionally engaging in administrative tasks. Law No. 2/2002 on the police and Law No. 22/2009 on traffic, drafted by the police to manage licensing issues, are, according to the coalition, in contravention of Article 4 of the 1945 Constitution.
In Tuesday's hearing, Maruarar argued that issuing licenses was part of maintaining public order, as stipulated in the article.
Muhammadiyah Youth Association head Dahnil Anzar previously said that the police's authority to issue licenses opened the door to corruption.
Dahnil referred to a 2013 graft case involving then National Police Traffic Corps (Korlantas) head Insp. Gen. Djoko Susilo. The Jakarta Corruption Court sentenced the general to 10 years in prison and confiscated most of his Rp 200 billion (US$14 million) assets after finding him guilty of graft relating to a driving simulator procurement project that caused state losses of Rp 121 billion.
The coalition's lawyer, Erwin Natoesmal Oemar, said after the hearing that the police, as law enforcers, were not supposed to deal with license issuance, as it disrupted transportation management.
In most countries, Erwin said, the issuance of licenses was handled by a separate transportation agency.
'But we don't mean to call on the court to transfer the authority to the Transportation Ministry. The President has the authority to choose which body is suitable to deal with the matter, but it shouldn't be the police,' he said. (foy)
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