The murder case has revealed a deeply disturbing instance of an abuse and excessive use of force, including an illegal use of firearms by a high-ranking officer.
he entire set of key officers, including all of those in leadership roles, of the National Police’s internal affairs division have come under investigation for their alleged role in the cover-up of the murder of low-ranking officer Brig. Yosua Hutabarat. Other senior officers from various other units were also implicated in the cover-up.
Chief of the division, Insp. Gen. Ferdy Sambo, has been indicted as the mastermind behind the killing and the subsequent cover up. This cannot be taken only as an ordinary murder case. This is a strong indication of a persistent practice to subvert the law within the police force, which should be a priority concern.
Even after the police now rush to rectify the situation, public skepticism still abounds. The cover-up held sway for several weeks before it was finally discarded, partly because President Joko “Jokowi” Widodo heeded public pressure and instructed the police to be fully transparent with this case. This is entirely unacceptable if we are to have a society that respects the rule of law.
Those at the center of this case are the officers of the state who are supposed to uphold the integrity of the force, the core of the National Police. Instead, we now witness the ultimate in abuse of power, corruption and excessive use of force.
In our social contract, the state has the monopoly of force and coercive power. Within that framework, the state entrusts the law enforcement mandate and the responsibility to maintain public order to the National Police. It is only due to this trust that the force is equipped with the capability to use force -- including firearms -- to achieve those state goals of rule of law and public order.
Instead, this murder has revealed a deeply disturbing instance of an abuse and excessive use of force, including an illegal use of firearms by a high-ranking officer. One notable issue is an abuse of the discretionary authority when concentrated on the subjective assessment of the police. This has led to many practices of undue and arbitrary case management. As a result, the legal system -- where the policeare at the forefront -- appears not as a place to seek justice, but a place to bet financial and other resources to claim justice.
The National Commission on Human Rights is looking into possible human-rights violations committed in the course of this murder. We can but only wonder how pervasive such actions could be across the force, or how civilians would feel when they ask for lawful protection from the police.
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