Indonesia Heading To Police State?

JAKARTA The almost unlimited authority of the National Police in the Draft Law on the Third Amendment to Law No. 2 of 2002 concerning the Indonesian National Police (RUU Polri) has the potential to legalize repressive and violent actions by the authorities. The reason is, this bill is considered to actually provide immunity (immunity) that opens the door to abuse of authority.

Political and Military Observer of the National University (Unas), Selamat Ginting said, the definition of national interests seems ambiguous and has the potential to silence criticism, freedom of expression and suppress legitimate civil movements. He gave an example, criminalization of students who voiced their aspirations through demonstrations, which are often categorized as threats to public order.

"We also cannot forget the forced disbandment of public discussions on democracy and human rights under the pretext of preventing potential riots, even though the discussion was held peacefully and academically," he said, Monday, April 21, 2025.

In addition, continued Selamat, the widespread authority in surveillance of cyberspace and wiretapping has caused many journalists and independent media to experience intimidation and digital attacks. Several journalists who reported cases of corruption and human rights violations by the authorities experienced physical threats and hacking of social media accounts. In fact, in January 'November 2024, Amnesty International Indonesia recorded 29 cases of extrajudicial killings involving police and 26 cases of torture in various provinces, including Papua, North Sumatra, Riau, and Banten.

Not to mention the potential for criminalization of activists and silencing of civilian movements, including in August 2024, where police used excessive violence in disbanding student demonstrations in Semarang, left dozens injured and some arrested for no apparent reason. Abuse of authority to control civil liberties is often used to disperse peaceful acts on the grounds of public order, although the action does not contain elements of violence," he explained.

The Police Bill can be a serious threat to democracy. With power being too broad and unsupervised, the police can easily silence criticism, break up demonstrations repressively, or arrest activists for no apparent reason. If that's the case, we are heading to a police country (police state), where civil liberties are sacrificed for the sake of the power of the apparatus," continued Selamat.

In addition, Article 15 concerning the Regulation of Swakarsa Security (Pam Swakarsa) is considered to be more at risk of causing human rights violations. The existence of Pam Swakarsa in the National Police Bill is considered to have no clear urgency, considering that in recent years, the state has sufficient police structure and security forces to maintain public order and security. Therefore, the addition of Pam Swakarsa's role in this bill could create a greater potential for abuse of power.

Menurut Selamat, banyak pihak, terutama organisasi hak asasi manusia, khawatir dengan pemberian kewenangan yang lebih besar kepada Pam Swakarsa, akan semakin banyak kasus pelanggaran hak asasi manusia yang terjadi. Sebagai contoh, pada tahun 2022, Yayasan Bantuan Hukum Indonesia (YLBHI) mengalami peristiwa penyebaran yang dilakukan oleh aparat keamanan yang, dalam hal ini, berpotensi melanggar hak kebebasan bersiat dan berpendapat.

The National Police Can Be A State Repressive Tool

This case adds to a long list of other incidents showing how the strength of non-controllable officers can be used to reduce civil liberties and freedom of expression. Not only that, the potential for repressive action against people who are considered opposition or critics of the government can increase along with the presence of Pam Swakarsa who has the power to take action against the community.

Likewise, other cases, involving the dissolution of masses or restrictions on the space for citizens, are clear evidence that there needs to be strict supervision and a clear mechanism in every formation of troops or agencies that have the authority to take action against the community. In this case, the existence of Pam Swakarsa without strong and clear regulations can exacerbate the situation and increase public distrust of law enforcement officials," he explained.

Former Lecturer at the Defense University, Admiral TNI (Ret.) Jaya Darmawan said, in the context of law and constitutional law, the National Police is a state tool tasked with maintaining security and order, protecting the community, and enforcing the law in accordance with democratic principles. Article 1 Paragraph (3) of the 1945 Constitution emphasizes that Indonesia is a state of law (rechtstaat), not a state of power (machstaat).

Therefore, the revision of the Police Law should focus on: First, strengthening the monitoring mechanism. Build a strict control system against abuse of authority by the police. Second, limiting intelligence and wiretapping authority to ensure that intelligence and wiretapping actions are carried out with court permission and within clear legal limits.

Third, clarifying the limits of authority in cyberspace to prevent the police from becoming a censorship tool that can limit freedom of opinion and expression. Fourth, guarantee human rights to ensure that this bill does not conflict with human rights principles guaranteed by the constitution and various international legal instruments that have been ratified by Indonesia.

"Without fundamental improvement, this Police Bill will only strengthen power without limits and have the potential to make the police a repressive tool for the country. If this happens, the reforms that have been fought for for for more than two decades will be in vain, and Indonesia can return to the era of authoritarianism in the new face," Jaya said.

Head of Public Relations Division of the National Police Headquarters, Sandi Nugroho, asked the public not to worry too much about the authority of the National Police regarding cyberspace as stated in the draft of the National Police Bill. This is because cyber affairs and information disclosure have been regulated in other laws.

"What is clear is that the police law regulates the structure and performance of the police in general. If it was discussed like that, it was related to the Cyber Law, so the Cyber Law already has a law on the disclosure of public information and the IT Law already exists. And the rules already exist, for the matter of taking down, the Minister of Communication and Information has a duty," he added.

"So it needs to be emphasized at this time that it is still being discussed, what kind of discussion we also have not received complete information. We'll wait until we get the complete material, what is approved, what is not approved," continued Sandi.

Meanwhile, regarding the demonstration, he revealed that the National Police had the right to disperse demonstrations that were not in accordance with the rules in accordance with Article 15 of Law Number 9 of 1998 concerning Independence Expressing Opinions in Public. In addition, the National Police also has procedures for disbanding demonstrations in accordance with the Regulation of the National Police Chief Number 1 of 2009 concerning the Use of Police Forces and Actions.

During the demonstration carried out peacefully, conducively and according to regulations, the Police will certainly not act strongly. In fact, the Police will guard the protest participants in expressing their opinions. The point is please protest, but in accordance with applicable regulations," he explained.

Before the National Police took firm action, we usually made various efforts to defuse the situation. Starting from negotiations and various verbal orders not to take anarchic actions," added Sandi.