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Explanations of this unique phenomenon given by senior officers are equally baffling. If the retirement of senior officers is the reason for the changes, as they have indicated, it opens the door to more speculation. Is it possible that a large number of senior officers retire every month, thus requiring transfers within the force?
Or are there more horrendous reasons that cannot be divulged to the general public, which bring shame to the institution? Are there severe threats to human rights that need to be addressed?
In its latest report, the National Human Rights Commission, or Komnas HAM, said police officers had been named as perpetrators in 180 of the 202 cases reported to them. Acts committed by police officers included abuse of power, molestation, rape and sexual harassment, murder, corruption, domestic violence and eviction.
The Corruption Eradication Commission, or KPK, which conducted a survey between August and October last year, confirmed the findings of Komnas HAM when it declared that the National Police ranked among the most corrupt institutions.
The corroborative evidence confirms the worst fears of the general public. In the hearts and minds of Indonesians the police are to be feared and avoided. In no circumstance are they identified as providing protection, security or worthy of trust. They do not qualify as “law enforcement officers,” and can in fact be aptly described as “lawbreakers.” The consequences of such a perception among the general public are devastating.
Immediate access to the protection provided by law to the common people is ensured by the police. In the case of disputes, squabbles, thefts or any serious crimes, domestic problems, natural disasters and failure of government services, people should turn to the police. Loss of confidence in the police is equal to loss of confidence in the justice system and the state government itself. Therefore the police are the weakest link in the chain for everything that the government stands for.
To the long list of crimes attributed to the police, there is the major crime of torture. It is so widespread and entrenched in the culture that the ordinary people have come to accept it as part of policing. If a person were to die of torture in a police station, it would be understood as officers overstepping in their methods of investigation. No one is held responsible or accountable as torture is not defined as a serious crime.
It is this laxity on the part of the government that allows the police to behave like a gang of criminals. Crimes committed within the walls of police stations, which are never investigated or prosecuted, have contributed to the pathetic state of the police today.
The state of Indonesia has failed to recognize that impunity in cases of torture undermines the whole justice system. It allows criminality within the police institution. A policeman who uses force to extract money and favors and is not punished for such a crime feels encouraged to repeat it outside the police precincts. Ordinary citizens fear being targeted by police, but bear this burden patiently.
This tacit approval by the general public, combined with the refusal to prosecute the violations committed by law enforcement officers, generates a monster of enormous proportions. Can this be addressed simply by transferring officers around?
The constant reshuffling of the police force symbolizes the fainthearted acceptance of a greater malaise that the police institution is grappling with. It is an institution that right from its inception was a subjugated agent subservient to the military, compelled to handle civilian affairs under the supervision of the military. Its training, chain of command and day-to-day activities were all determined and monitored by the military.
Though autonomy was granted to the police a few years ago, it has not been able to extricate itself from the previous mold or develop the habits and culture of a civilian law enforcement agency and until recently, even the punitive aspect of the police was left with the military. Thus in cases of torture, the police officers were summoned by the military for disciplinary action.
The senior officers that inherited this military culture are incapable of switching over to a more civilian approach. Besides, the impunity enjoyed over the years will not allow them to condone or accept any prosecution, as was publicly demonstrated a few weeks ago when over 500 police and army officers demonstrated in front of the Komnas HAM office over its attempt to investigate human rights violations committed in the past.
What the police need is reform. They need a complete overhaul to make them into a civilian agency ready to defend the rights of ordinary citizens and enforce the law. Professionalism, impartiality, a pro-people attitude and respect for human rights have to be the basic characteristics of a “regenerated” police force. Current anomalies relating to income and other matters need to be addressed. Perhaps a community based police force would provide the basis for “regeneration” that the institution is striving for.
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(Philip Setunga is a staff member of the Asian Human Rights Commission in Hong Kong responsible for the organization's research on Indonesia. He has a doctorate in sociology.)
