Inside Indonesia said
in a newsbrief (October-December 1998) that the Indonesian police want to be separated
from the military. The National Commission on Human Rights supports separation as an
important step towards improving human rights. But why did the police become part of the
armed forces in the first place?From the day
they were set up in 1945, police joined the army fighting the Dutch. They willingly saw
themselves as combatants and accepted the consequences of being treated as soldiers when
captured. They had no other reason than the heroic intention to keep Indonesia
independent, but it was contrary to the 1948 Geneva Convention, which views police as
civilians. This view accords with the widely accepted concept of a police force that
belongs to the community rather than to the state or any political party.
With the fighting over, the police were increasingly drawn
into politics by politicians who took advantage of their relationship with the
organisation. Aware of this tendency, the Temporary Peoples Consultative Assembly
(MPRS) decided in 1960 to place Polri within the armed forces. The intention was to remove
both the police and the armed forces from influence by the political parties.
However, this new structure did not prevent the continuing
politicisation of the armed forces. The communist party (PKI) had considerable influence
within the police (as well as within the navy and the air force), whereas the army was
strongly anti-communist.
This political factionalism within the armed forces exploded
in the coup attempt of 30 September 1965, which the army leadership blamed on the PKI.
Morale within the armed forces plummeted.
The new president, Suharto, then commanded a total
integration of all wings, including the police, into a single and integrated military
administration. Within half a decade Polri had lost its autonomy, its own ethos and also
its special salary rank.
Over the next 30 years as part of the military, the police
developed a youngest brother mentality. They often felt they were treated
unfairly especially by the army, and lost their self-confidence.
The National Police Force, Polri, was in fact terribly
exploited. Their role remained as political as ever - to maintain political security
together with the army. The armed forces tended to back up almost anything Suhartos
government considered important for the maintenance of power. By using Polri and its
police power, the military had legal approval to use extra-legal methods. For example,
curbing the press, arresting critical persons and generally eradicating public protest.
The worst part of being the youngest wing in the
military was that the police were not free to uphold the law. Many well-connected people
were untouchable and thus enjoyed legal immunity. Polri often became a ready scapegoat put
forward by the military whenever people protested against the way the military mishandled
cases, caused unnecessary violence or escalated confrontation.
Police budgets have always fallen behind those of other
military wings. Lack of equipment and poor pay prevent them from doing a good job. In the
eyes of the other military wings, Polri are losers. The public, meanwhile, constantly mock
police incompetence.
When the possibility of the police regaining their
independence from the military was first raised openly in June 1998, the police secretly
welcomed it. But the suggestion did not come from the general public, who seemed largely
ignorant of the implications. Instead, police independence has remained an elitist debate
rather than a subject discussed in society as a whole. Generally speaking people don't
care, as long as the police become less corrupt, less brutal, and more accountable to the
public. Unfortunately, it is difficult for Polri to guarantee that they will fulfill all
those hopes.
The problem rests in the imbalanced relationship between the
State and the public. The State has been able do anything it chooses. Unless this
relationship changes and a strong political commitment is brought to bear on the
situation, any new structure wont necessarily improve policing. Perhaps rather than
promoting the rule of law, it would just turn old policing problems into new, more
sophisticated ones.
The only factor driving separation has been the determination
or otherwise at Armed Forces (Abri) headquarters to let Polri go. The wave of reform after
the downfall of Suharto in May 1998 struck Abri in many ways. The public was flooded with
revelations - the kidnapping of pro-democracy activists, the massacres in Aceh, Lampung,
Tanjung Priok and East Timor, the continuing debate on the dual function of Abri, and
lastly the issue of Polri as a part of the military.
Despite diminishing public sympathy for Abri, headquarters
has hesitated to respond to Polri's idea of saying goodbye to Abri.
Abris reason for retaining Polri as a part of the armed
forces is rather peculiar. Despite Polris poor performance and image during its
years in the military, the armed forces insist that historically Polri belongs
in Abri. Understandably enough, they over-emphasise certain episodes in that history,
while failing to acknowledge others.
Abris recent plan to recruit thousands of civilians as
military-trained civilians, rather than empowering the crippled police, must
be seen as another signal for the public to give up thinking of a Polri separate from
Abri.
However, even if it is excluded from Abri, it doesn't mean
Polri's problems are over. The police themselves are not in any sense ready for this big
change. More is involved than just a change in structure and the question of who will be
in charge. Separation will mean turning the police back into a fully civilian force, in
performance, behaviour and, above all, in their attitude.
Officers working the streets can no longer expect people to
obey them, as they once did, simply because they have a military uniform, baton or
firearm. They will have to depend on their personal capabilities when dealing with people.
The separation could be a nightmare!
Internally, the new police force would need to solve a host
of bureaucratic problems - for example, how to flatten the rank structure from 22 ranks to
6 or 7 ranks as in many other countries. Externally, there needs to be a decision whether
they will fall under the Ministry of Home Affairs or have their own. Each choice has
political consequences.
Finally, what about Polris old brother, the
army? Soldiers may find it difficult to accept they are no longer able to ridicule the
police. One situation we are most afraid of is when a soldier refuses to obey the police
and fights back when about to be arrested for a crime.
Adrianus Meliala is a criminologist
at the University of Indonesia, Jakarta. He is presently studying at the University of
Queensland.