Polemic On The Elimination Of Investigative And Investigative Authority At The Police Level

Deputy Chief Justice Mahfud MD (Wardhany Tsa Tsia/VOI)

JAKARTA - The government, through the Coordinating Minister for Political, Legal, Security Affairs (Menko Polhukam) Mahfud MD, stated that it would review the proposal of the National Police Commission (Kompolnas) regarding the elimination of the authority to investigate and investigate cases at the sector police level (Polsek).

The consideration in this proposal is because the action at the police station level is considered to use the target system. That is, many cases or cases that should be resolved by family or restorative justice, and instead use criminal law only to meet the target case disclosure.

"If you do not find a criminal case then it is considered not working. Then (cases) are small which should be resolved with restorative justice, peace, and kinship, it should be emphasized, that should be highlighted. So that the police do not look for cases," he said. Mahfud in Jakarta, Wednesday, February 19.

The suggestion from Kompolnas, which is also led by Mahfud, is said to be based on the results of long research and research. With this proposal, later on, the police apparatus at the district police level will prioritize restorative justice or settlement out of court.

So, it is more to protect and maintain public order. Meanwhile, handling of criminal cases can later be handled at the district / city police level.

"So that investigations and investigations by the police should only be carried out by the Polres because the prosecutor's office is only at the district, city and provincial levels, not at the sub-district level, the police are sub-district," Mahfud said.

However, the government is still reviewing the proposal by involving several parties so that the existing considerations are more mature.

Apart from proposing the elimination of investigative and investigative powers, he said, Kompolnas also advised that legal action should be separated from political elements. Thus, there is no difference when handling cases involving important figures or figures with ordinary civilians.

"The suggestion is for example how to prevent the law enforcement from being influenced by political considerations. For example, how come those involved should be prosecuted, Papuans do not take action so that it is not crowded because of the issue of independence. That is not allowed, the law is the important law to be transparent to the community," said Mahfud.

Responding to the statement, the Head of Public Relations DivHumas Polri Kombes Asep Adi Saputra said the proposal regarding the elimination of investigative and investigative authority must be reviewed and discussed. Because, the existence of a police station in investigating a case is also very important. Especially for remote areas.

"Indeed, it must be discussed again. Because the territory of Indonesia is very large. So there are 34 regional police and 500 police, and there are thousands of polsek. Why are there polsek in certain (remote) places, the presence of Polri is needed there. just look at the discussion like what, "said Asep.

In addition, based on the Police Law, the levels of the National Police Headquarters, Polda, Polres and Polsek have the authority to carry out investigations. Moreover, being an investigator cannot be done arbitrarily and must have a decree beforehand.

"So an investigator is not arbitrary, he has a decree as an investigator," said Asep.

In addition, the Criminologist at the University of Indonesia, Ferdinand Andi Lolo, said that the elimination of the authority to investigate and investigate at the Police level was an inappropriate step. This is because the police presence at the subdistrict level is the spearhead of law enforcement.

In addition, the consideration for the formation of a police station is due to Indonesia's very broad geographic problems. Where, many mountainous areas and islands that are far from the city.

In the future, the elimination of authority will have an impact on the slow process of resolving a case and also swelling the budget.

"If the police are no longer handling investigations and investigations, then the settlement of the case will take longer and become more costly because witnesses, suspects and other evidence, including evidence, must go or be taken to the police station in the city area," said Ferdinand.

Thus, it is considered to be detrimental to society in terms of economy, time and energy. In addition, it is considered that it will no longer be effective in serving the community in large numbers.

"It is not effective because community services in rural areas are hampered and handling costs become large so that it is not compatible with the principles of cheap, fast, simple. What will happen is expensive, slow, complicated," said Ferdinand.