Jakarta – Lawmakers on a key committee are optimistic that a proposed bill on national security will pass, putting the National Police under the supervision of a ministry. Experts, however, are calling for a more thorough discussion.
"Around 75 to 80 percent of the lawmakers in Commission I agree that the National Police should be under a ministry," a member of the commission, Djoko Susilo, told The Jakarta Post on Tuesday at the House. Commission I oversees defense, security, communication, information and law.
The bill was proposed by the Defense Ministry and the drafting process initially involved the Indonesian Military (TNI), the police and experts on defense and security affairs. But the police left the team as they objected to the idea of being under a ministry, said Djoko.
"We hope the Defense Ministry sends the bill to the House as soon as possible," he added.
Theo L. Sambuaga, chairman of the commission, also agreed that the police should be responsible to a minister rather than the president. "Personally, I prefer the Home Affairs Ministry to manage the police," he said. The final decision would be made later.
In Malaysia, the national police are under the Home Affairs Ministry, while in Japan and some other countries, they are under the Justice Ministry.
The Defense Ministry sponsored the drafting of the bill in the spirit of the reform movement to allow the police to work more efficiently and eliminate the rampant abuse of power within the force.
If the House passes the national security bill, the National Police Chief, unlike the Attorney General and the Chief Justice, will no longer be responsible to the president. The police will still have full authority over their field operations, however.
"Administratively the police will be under a ministry, but in the field, they will be independent," Djoko said.
The ministry would address political issues and draw up the annual budget for the police. "When an institution has both political and operational authorities, this leads to the abuse of power," Djoko added.
Djoko was positive that the bill would be passed later this year, as the House had given it top priority. "We will not compromise with the police if they do not accept the law. They should comply with the decision of the House and the government," he said.
Criminologist Adrianus Meliala, however, said the House should consider carefully before passing the bill. "It's too early to say that the police need to be put under the auspices of a ministry," said Adrianus.
"If the government and the House insist on passing the law this year, there will be around 80 laws that need to be reviewed, including laws about the police, immigration, intelligence and the military. Are they really aware of this?" said Adrianus.
He added that if the bill were passed, the public might think the government and the House favor the military over the police. "The bill may be good. However, not all good things are acceptable," he said.
Even if the House passes the bill, Adrianus said he was pessimistic that the law would take effect soon. "Observing the style of President Susilo Bambang Yudhoyono, who always plays it safe and placates his people, it will take a long time before the law is enforced," he said.
"SBY needs to be careful. If he approves the law, he could face opposition from the police in the 2009 general election," said Adrianus.
Andi Widjajanto, an expert on the military, suggested the House put the bill on hold. "They should amend the Police Law first and talk with the police," Andi said.