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After more than 20 years, police need another reform
The reform is pressing to restore public trust in the police and increase accountability of the country’s law enforcement and public services.
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A TV screen displays footage of former police internal affairs chief Insp. Gen. Ferdy Sambo attending a closed-door questioning by ethics commissioners at the National Police headquarters in Jakarta on Aug. 25, 2022. Ferdy has been accused of the premeditated murder of his aide-de-camp Brig. Nofriansyah Yosua Hutabarat in July. (Antara/M Risyal Hidayat)
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undamentally, the murder case involving Insp. Gen. Ferdy Sambo is a catalyst for renewed calls for reforms within the National Police after its separation from the Indonesian Military (TNI) in 2000 as part of the democratization of the country.
In the process, the People's Consultative Assembly (MPR) issued two decrees (TAP), namely TAP MPR No.VI/2000 that separated the police from the armed forces and TAP MPR No. VII/2000 on the roles of TNI in defense and the police in internal security.
The latter decree also mandates the police not only as a state actor in security and law enforcement, but also as public servants. This indicates there was an initial effort to transform the police institution as part of the constitutional democratic ecosystem.
There are several important notes regarding the police institution based on analysis through the lens of TAP MPR No. VII/2000, which lay the platform for Law No. 2/2002 on the National Police.
First, the police answer directly to the president, which also means the police chief is a member of the Cabinet. Consequently, the police are part of the executive power. Therefore, the president constitutionally and ethically supervises the police institution.
Second, to help the police perform, the Police Law mandated the formation of the National Police Commission (Kompolnas). The commission has two main tasks: assisting the president in setting policy directions related to the police and providing advice on the appointment and dismissal of the police chief.
Kompolnas, therefore, is responsible for ensuring the police comply with the democratic agenda and good governance. Not only does the commission have to keep the professionalism and independence of the police intact, but it also has to channel public complaints over the way the police perform their jobs.
