Seven Articles of the Police Law Questioned by Coalition

A coalition of civil society groups is raising serious objections to Indonesia's recently revised Law on the State Police, asserting that the legislation prioritizes pragmatic political interests over genuine institutional reform. The Civil Society Coalition for Police Reform (RFP) argues that the amendments, rather than improving the police force, are designed to benefit those in power.

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Instead of regulating regulations aimed at fixing the police institution, the RFP views that the revision of the Police Law is designed for the pragmatic interests of power and not for police reform.

One major point of contention is Article 28A, which permits active police personnel to occupy civilian posts within ministries or agencies without clear limitations or requirements for resignation from the police force. The coalition deems this unconstitutional, citing a previous Constitutional Court decision that barred active police officers from holding non-police positions unless they retired or resigned. This provision, they argue, could undermine police professionalism and disrupt the merit systems within civil service institutions.

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This point has the potential to disrupt the professionalism of the police itself, including the career ladder of civil servants and the merit system in the relevant ministries or agencies.

The coalition also expressed disappointment with the revised law's failure to strengthen the independence and authority of the National Police Commission (Kompolnas). They contend that Kompolnas remains a quasi-executive or consultative body under a ministry, rather than an independent external oversight agency with sanctioning powers. This, they believe, is contrary to the need for robust checks and balances in police oversight.

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The oversight of the police requires an external institution that is independent and has the authority to impose sanctions.

Furthermore, the RFP questions the necessity and justification for extending the retirement age for high-ranking police officials, particularly the provision allowing a one-year extension for four-star generals based on organizational needs. While setting retirement ages for lower ranks at 59 and for officers at 60, the extension clause is seen as potentially burdensome to the state budget and could hinder personnel regeneration within the police force without addressing issues of member accumulation.

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This policy also raises concerns about hindering the process of personnel regeneration within the police, but does not solve the problem of the accumulation of police members.