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TheIndonesia.co - Indonesia's government and parliament have agreed on a controversial provision in the draft revision of the National Police Law that would allow serving police officers to take up positions outside the police force, including in ministries and state institutions.
The proposal was approved during a working committee meeting on the Police Bill (RUU Polri) at the House of Representatives' Commission III on Monday.
Under the newly agreed Article 28A, active members of the Indonesian National Police (Polri) could be appointed to positions in government institutions if their roles are deemed relevant to police functions, at the request of a ministry or agency, or through a direct assignment from the President.
Deputy Law Minister Edward Omar Sharif Hiariej said the provision was intended to provide a legal basis for deploying police personnel whose expertise is needed beyond the force itself.
"Members of the Indonesian National Police may hold positions outside the police organisation as long as those positions are related to police functions," Edward told lawmakers while reading the proposed article.
According to the draft, such positions could be managerial or non-managerial roles within ministries or agencies whose responsibilities relate to maintaining public order and security, law enforcement, and public protection and services.
The government has also proposed allowing active officers to serve in institutions that require specialised expertise possessed by police personnel.
In addition, the draft would permit serving officers to occupy positions outside the police force when assigned directly by the President.
Concerns over constitutional principles
The proposal, however, has raised questions among some lawmakers over its compatibility with Indonesia's post-Reformasi legal framework, which sought to separate the military and police from civilian political institutions following the fall of the New Order regime.
During the meeting, Commission III member I Wayan Sudirta questioned whether the new provisions were consistent with the People's Consultative Assembly Decree (TAP MPR) No. VII/2000.
The decree states that police officers may only hold positions outside the police institution after resigning or retiring from active service.
"Are paragraphs (3) and (4) not a deviation from, or contrary to, Article 10 paragraph (3) of TAP MPR No. VII of 2000?" Wayan asked during the deliberations.
He said he wanted further clarification before supporting the provisions.
Responding to the concern, Edward argued that the practical mechanisms governing appointments outside the police force would be regulated later through a Government Regulation.
"It may well be that an officer has to resign or retire if the position has no connection to his or her duties or functions, but that will be regulated in more detail in a Government Regulation," he said.
According to Edward, the disputed clauses are intended to serve as a legal foundation for future implementing regulations rather than provide unrestricted authority for officers to move into civilian posts.
Debate over the role of police
The discussion also touched on how police functions should be defined within the bill.
Lawmaker Hinca Panjaitan proposed adjusting the order of police responsibilities listed in Article 28A to align with Article 30(4) of Indonesia's Constitution.
He argued that law enforcement should be placed last because it represents the coercive or repressive aspect of policing, while public protection and maintaining public order should take precedence.
Commission III chairman Habiburokhman expressed support for harmonising the wording with constitutional provisions.
With both the government and lawmakers reaching agreement on the article, the provision will now proceed to the next stage of deliberations on the Police Bill.
The proposed changes are likely to attract further scrutiny from legal experts and civil society groups, who have previously raised concerns about expanding the role of active security personnel within civilian institutions.