Legal Literacy - As clearly stated in the constitution, Indonesia is a state based on law, not a state of power, and not a state that forgives errors in the name of law. Consequently, every action and behavior of law enforcement officials must be in line with constitutional values and orient themselves to principles that reflect the rule of law by respecting and protecting the position of human rights.

Acts of wrongful arrest to extortion of confessions with violence committed by a number of law enforcement officials are not enough to be resolved with press conferences or mere clarifications simply because the cases and news have gone viral everywhere.

It is not without reason that if such old approaches or methods of resolution continue to be carried out, without being accompanied by internal improvement efforts to the application of strict sanctions for the perpetrators, it will increasingly potentially provide impunity and normalize similar actions to continue to recur.

Errors in making arrests do not merely concern procedural-formal defects that are violated, even more than that, it is also related to the position of human rights of a person suspected of committing a criminal act.

Referring to the records of the Commission for Missing Persons and Victims of Violence (KontraS), from 2019 to 2024, there were at least 118 cases of wrongful arrests by the police.

Meanwhile, the Legal Aid Institute (LBH) Jakarta noted that there were 25 cases of wrongful arrests throughout 2013 to 2022. These figures show that the problem is not only sporadic but also systemic and not accompanied by internal improvement efforts from the police.

Stop Hiding Behind “Individuals”

Some of us may realize that not a few of the mass media in reporting criminal acts that drag members of an institution always have the term “individuals” attached. The use of this term seems to be increasingly widespread because it is believed to be able to separate criminal acts from the institution that houses the perpetrators.

Often, the term “individuals” is used as a shield when violations occur that are considered contrary to the duties of an institution, such as maintaining public safety and order, enforcing the law, and protecting, nurturing, and serving the public.

This phenomenon of “individualization” is inseparable from the warm discussions among netizens, which then gave birth to new hashtags on social media, such as #satuharisatuoknum. This hashtag is used to describe the weak performance and the rampant crimes committed by law enforcement officials.

It is undeniable that the affixing of the terminology “individuals” to members who make mistakes seems to be another part of the institution's efforts to wash their hands and responsibility.

In any case, those who are labeled as “individuals” are included in the sub-system of the institution, so it is only fitting as an inseparable component and it is attached to the position, it is only appropriate to conduct an evaluation, not just clarification.

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.