Reminding the Rules

Responding to the current crisis of professionalism of law enforcement officials, is there not a single legal umbrella that regulates how law enforcement officials should serve? Of course there is.

If we talk about the legal basis, both formal and material, we already have complete regulations that regulate in detail about this matter, although it is undeniable that there are still some gaps and are not free from shortcomings that should be immediately addressed in order to remain relevant to the conditions and needs of the times.

For example, Law Number 8 of 1981 concerning the Criminal Procedure Code, Law Number 39 of 1999 concerning Human Rights, Law Number 2 of 2002 concerning the Indonesian National Police, the International Covenant on Civil and Political Rights to various other implementing regulations such as Perkapolri Number 8 of 2009 concerning the Implementation of Principles and Standards of Human Rights have provided boundaries, certainty, to justice both in limiting and providing a compass pointing the direction for law enforcement officials in carrying out their functions, duties and responsibilities.

But, if in the implementation process it is contradictory and not in line with what is regulated in the legal umbrella, then it is certain that the justice and order of the criminal justice system that is aspired to will never be realized significantly.

Even explicitly in the context of coercive measures such as arrests carried out by the police, the Criminal Procedure Code has provided strict limitations in a limitative manner both from basic principles, reasons and considerations for arrest, formal procedures to the time limit specified.

Because the process of coercive measures is related to the freedom of human rights of a person, both investigators and members as a whole must act professionally, with full consideration, carefully and not just arbitrarily arresting without being based on the principles, reasons and legal procedures in force.

Awaiting Evaluation

Cases of wrongful arrests and arbitrary arrests by a number of police officers indicate serious problems in the control and evaluation of the performance of police institutions lately. Because in fact, the obsolete practice of wrongful arrests by some police officers has become a recurring and frequent problem.

More worryingly, cases of wrongful arrest are often accompanied by acts of violence such as intimidation and torture. In some cases, victims of wrongful arrest do not receive adequate legal assistance, which further worsens their condition. The absence of legal assistance exacerbates the situation and reduces the victim's chances of getting justice.

Responding to the crisis of confidence that is currently eroding the body of the police institution certainly cannot be ignored. The public emphasizes that fundamental efforts need to be realized immediately. Significant improvements and evaluations must be a top priority that must be put forward immediately.

Therefore, the necessary actions not only involve a serious evaluation or fundamental improvement of the police institution, but also stopping the discussion of the Draft Law on the Police currently underway in the DPR RI.

Rather than trying to accelerate the revision of the Draft Law on the Police, the legislature and the executive should focus more on the discussion of the Draft Criminal Procedure Code (KUHAP).

This effort will be more effective in improving law enforcement procedures, so as to provide better protection and progress towards the protection and respect for Human Rights.

Witnessing the massive demands from the wider community to immediately improve the image of the institution, it has certainly become a necessity to reorganize the law enforcement ecosystem within the police institution that is truly in accordance with the direction of the constitutional compass as an institution that protects, provides a sense of security, order and justice to all citizens.