JAKARTA - Senior political analyst Boni Hargens invites the public not to rush to prejudge the National Police institution regarding the provisions in the revision of the National Police Law which opens up opportunities for active police personnel to occupy certain civil positions.
According to Boni, the involvement of members of the National Police in civilian positions does not need to always be seen as a threat to democracy as long as it is carried out based on the needs of the institution and the competence possessed by the personnel concerned.
"If indeed police personnel are more competent for certain positions in the civil sphere, the involvement of the National Police in civil positions is a natural and legitimate necessity. We should not be too prejudiced against the National Police institution. Moreover, the National Police as part of the civil society also has a responsibility to strengthen civil democracy," Boni Hargens told reporters, Saturday, June 20.
Boni assessed that the controversy that has developed around Article 28A in the revised Police Law should be addressed objectively by looking at the needs of bureaucracy and modern government management that require competent human resources from various backgrounds.
He also appreciated the statement of the National Police Chief General Listyo Sigit Prabowo who emphasized that the placement of members of the National Police in civilian positions was not mandatory or forced, but was carried out based on the request and needs of the agency concerned.
"The argument of the National Police Chief shows the commitment of the National Police to continue to maintain and respect the culture of democracy within the framework of the Indonesian rule of law," he said.
According to Boni, there are three principles that must be the basis for the implementation of the rules. First, the placement must be based on technical competence that is relevant to the position to be held.
Second, the assignment mechanism must be voluntary and based on the request of the relevant institution, not a unilateral placement that has the potential to cause the dominance of certain institutions.
"The second is that it must be non-coercion. A demand-based mechanism, not forced placement, is an adequate protection against the potential dominance of the police institution over the civil bureaucracy," he said.
Third, said Boni, the assignment must remain within the framework of civil and democratic responsibilities.
"The National Police, as an integral part of civil society, is seen as having a constitutional responsibility to contribute to strengthening democracy, not just as a law enforcement institution," he added.
In Boni's view, Indonesia currently needs to consolidate all elements of the nation to face national and global challenges. Therefore, he assessed that an approach that is too suspicious of state institutions is unproductive.
"We are facing global economic challenges, geopolitical uncertainties, as well as a large national development agenda. In this context, all elements of the nation need to strengthen each other," he said.
However, Boni admitted that the objections submitted by the Coalition of Civil Society for Police Reform still had a basis for argument that needed to be respected. According to him, the debate on Article 28A actually reflects the difference in views between the normative-constitutional approach and the institutional pragmatic approach.
He assessed that there were still a number of questions that needed to be tested academically and constitutionally, including regarding the effectiveness of the "discretionary request" mechanism in preventing abuse of authority and its harmonization with various existing legal decisions.
Therefore, Boni suggested that parties who objected to the provision should take the constitutional route through the Constitutional Court.
"I suggest that if the Civil Society Coalition has a different view, they can apply for a constitutional test of Article 28A to the Constitutional Court. On the other hand, the transparency and accountability mechanism for the placement of the National Police personnel in civil positions also needs to be carefully designed to prevent conflicts of interest and politicization of institutions," he said.
Previously, the Coalition of Civil Society for Police Reform expressed its rejection of the revision of the Police Law, especially Article 28A which opens up space for active members of the National Police to occupy civilian positions based on the discretion of the President or the request of ministries and agencies.
The coalition assessed that the provision has the potential to revive the practice of double posts and is contrary to the spirit of security sector reform and a number of applicable legal rulings. However, supporters of the revision argue that the rule is necessary to accommodate the needs of the bureaucracy for personnel who have special competence in certain fields.
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