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The development of Polri’s efforts to reform its internal body, especially in Brimob Polri so that they are able to fulfill their duties and responsibilities according to the manner and principles of a Democratic Country and the international police standards is of course associated with the system which is adapted by Polri, Polri reformation is associated with the political system, history, and social control adapted in Indonesia.
In general there are two types of Police systems in the world, such as the European Continental Model which is characterized by a National Police system which is centralistic and there is also the Anglo Saxon model which defines Police systems as a body which is developed by the local community but not from the national community and therefore the Police Force is decentralized.
However in reality, despite the fact that there are two different models, it is difficult to find both the European Continental Model and the Anglo Saxon Model that is actually implemented in any Police Force nowadays including Polri in Indonesia.
THE REFORMATION JOURNEY OF POLRI’S INTERNAL IN THE CONTEXT OF DUTY, FUNCTION, AND ROLE OF KORPS BRIMOP POLRI
The implementation of Police System in a democratic country such as Indonesia needs to gain full support from the community; the strict social control over Police systems indicates that there is a high concern from the community regarding the abuse of power from the Police body.
The implementation of strict social control towards the abuse of power of Police is done in the form of several changes in the context of Polri reformation.
A significant change towards the position and role of Polri along with the reformation era is shown by a National political decision in which Porli was separated from TNI institution on 1st April 1999 stated in the Inpres No.2 year 1999.
As a response towards the growing public support, the political decision Inpres No.2 year 1999 was followed by the confirmation through Tap MPR/VI/2000 about the separation of ABRI / Indonesian Armed Forces (TNI and POLRI) and also Tap/MPR/VII/2000 about the role of the two institutes by placing TNI under the Department Of Defense and Polri was directly place under President.
As a response towards both of the Tap MPR above there was a further another policy made, it was Law No.2 Year 2002 About the National Police Force Republic of Indonesia and Law No.3 Year 2002 About National Defense which was associated with the role and position of TNI in its assistant role towards Polri.
The reformation journey of Polri was done in hope that it would be able to bring back the functional role and position of Polri as an institution which is focused on national security. This was boldly stated in Law No.2 year 2002, Article 2, Article 4, and Article 5, overall it was explained that Polri has a governmental function which role and aims to create national security which includes creating national security, order maintenance , and rule of law, protection, aegis, and social service within the community, as well as to create peace and harmony by putting a high value on Human Rights and to enforce law in order to maintain national security in a civil police culture.
As an explanation regarding the articles mentioned above, Brimob Polri explains their functional role and duty as follows: The Main Duty of Brimob Polri is to implement and deploy the strenght of Brimob Polri in order to tackle high a concentration of public security and safety, mainly in riot control, armed organized crime, bombs, chemicals, biological, and radioactive in which Bimob’s actions are based on its function as a striking force which has a specific ability in bringing safety within the country and rescuing the community which is supported by trained personnel and solid leadership, proper equipments, gears, and modern technology.
The role of Brimob Polri as an organization is the maneuver, either individually or as a units with a fast deployment ability force, marksmanship, and paralyze criminals along with securing witnesses, collecting evidence by helping completing, protecting, strengthening, and replacing the existing regular Police Force
The formulation of duty, function, and role of Korps Brimob Polri is to emphasize the identity of Brimob as an integral of the Indonesian National Police Force to support the making of good governance which is based on respects towards law and human rights.
The step towards a breakthrough in answering the community’s demand on achieving INP (Brimob) reformation more specifically in the embodiment of civil police reformation was by the release of INP chief of Police Decree No. Pol: Skep/1320/VIII/1998, 31st August 1998 regarding The Field Guide Book on The Increase of Service by Polri ( INP) during the Reformation Era, Korps Brimob Polri responded by publishing The Guide Book on Operational Implementation and Guidance for Brimob Polri in building and developing an organizational culture which is in relevance with the other units in Whole Polri.
The next step which was in direct relevance with Brimob reformation was the release of Kapolri ( INP Chief of Police ) Decree, No. Pol: Kep 53/X/2002 17th October 2002 about Organization and Work Procedures of Korps Brimob Polri, and Kapolri Decision (Keputusan Kapolri) No Pol: Kep/54/X/2002 about OTK Organization Units of Regional Police Force (Polda), therefore since then the organization structure of Brimob yet again experienced some changes. In consequence, there was also a change in the structure or regional Brimob with the addition of Subden Gegana ( Counter Terrorist and Bomb ) in Police Region all over Indonesia.
The change of organization was a real step towards regulating Brimob so that it would be more integrated with Polri, including by being proceeded with the Decree from Kapolri No. Pol: Skep/27/IX/2002 about Brimob Polri Reformation, which included:
a. Structural Aspects
1) The power of Brimob Polri is not centralized, but decentralized at regional level (Polda/ Police Region).
2) Organization structure does not have to be the same as the structure of military organization.
b. Instrumental Aspects
1) Software improvement/ legality of procedure applicable in Brimob Polri leads towards and is based on the new paradigm of Polri.
2) The continuous assessment of system and method by Brimob Polri, in order to create members of Brimob Polri as Defender, protector, and public servant, as well as a professional law enforcer.
c. Cultural Aspects
1) A significant change in the actions of Brimob Polri members which was militaristic become Brimob Polri members whose status became civil including the application of the system of civil justice likewise generally in a community.
2) Avoid and eliminate all excess pride of Brimob and also eliminating all arrogance in everyday situations both during work and in the community.
3) To implement the use of a comprehensive program which is precise in order to build loyalty within each and every member of Brimob Polri towards the mission of the organization, and not towards one’s self or towards the leader.
THE EFFORTS OF KORPS BRIMOB POLRI TO ENSURE ACCOUNTABILITY DURING THE PROCEDURE OF THE USAGE OF POWER IN THE FRAMEWORK OF HUMAN RIGHTS IN INDONESIA
One of the issues which is very odd when discussing about the reformation journey of Polri’s internals, particularly Brimob Polri is about how and what are the efforts done in maintaining and ensuring professionalism and accountability in terms of using power especially ones which are lethal regarding the prevention of fire weapons misusage in Indonesia, there are several reasons which are the background of fire weapon misusage by police (Osse, 2007), such as:
First, there is a weakness in the mechanism of accountability, which is related to personnel reliability when an armed officer using his/hers weapons, including the minimum standard of mental health, psychological assessment, leader and colleague assessment which includes the assessment of previous unit heads regarding self control, family problems, health record, other health disorders, and willingness to take responsibility and make accurate and fast decisions in critical situations.
Second, the lack of training given to an armed officers, the difference in considerations and policy between different units, however, it also depends on the distribution and support of weapons including what the socio culture is like in a certain are as well as how the reaction of the community is and national policy regarding the ownership and usage of fire weapons which at the end will effect towards the concept and training dimension which has to be given to every armed officer.
Third, the supervision towards armed officers is not feasible, that the gap between Brimob Polri’s efforts to eliminate violence and misusage of fire weapons in the Polri operational environment depends on the existence of empirical experience the fatal consequences in Police operations, during mass riots, raids, and arrests and personnel deployment in the long term will create psychological stress which can easily cause an officer to be in rage and eventually misuse his fire weapon.
Efforts in tackling the misuse of fire weapons by members of Brimob Polri can be classified in to two groups; repressive and preventive actions.
The Repressive method is done by giving disciplinary actions and also criminal sanctions which is governed by public Court of law to those officers who are involved in the misuse of fire weapons.
Giving criminal sanctions to the members of Brimob Polri who have been proven guilty in court due to the misuse of their police power is a giant leap towards bureaucratic reformation in Indonesia when other agencies still maintain their exclusivity and militia judicial immunity which is difficult to be supervised by the public.
Preventive efforts are done by setting or making changes towards systems by restricting psychology tests and mental health processes for those who are eligible to be armed with a weapon, or even to refuse and forbid personnel who have personality problem, family, or colleague problems during the use of weapon, other than that there also needs to be regular health and mental check up periodically towards armed officers.
The context of respecting Human Rights is the main benchmark in police actions done by Brimob Polri, reports related to the violation Human Rights done by members of Brimob Polri has always been a great concern of Polri leaders in accountability and gives a clarification though investigation and persecution through civil justice and internal police disciplinary action.
As an implantation of the efforts mentioned above, especially by Brimob Polri’s counter terrorist units, structurally each member of the counter terrorist unit must live in dormitories with their family, the same goes to officers who directly lead the development activities such as routine daily training as well as when on duty, there is a very little chance that there will be counter terrorist personnel which violate the rules relating to crime and violence, tight supervision will be done continuously even since recruitment, task assignment, and task termination/ pension in order to identify counter terrorist candidates who are eligible and fulfill the criteria for intelligence, personality, psychology, and mental patriotism.
One of the most challenging step in personnel recycling for active member of counter terrorist unit Brimob Polri is the maintenance phase and increase of ability and capacity, to Korps Brimob Polri, especially in Gegana Brimob unit which was designed as an operational counter terrorist unit in Indonesia, which has made several breakthroughs in increasing and maintaining professional ability of each operator from the counter terrorist unit by educational and training activities both nationally and internationally. There are several training programs which have trained the counter terrorist unit such as the training held by GSG-9 in 1984 and 2003 and there is also a program of DSS ATA program (Diplomatic Security Services Anti Terrorism Assistance USA) held after the Bali Bombings in 2001 up until now.
It seems that there are no law enforcement Organization in this world that has never been reported by community or Non Government organizations regarding the violation of Human Rights, the same was found here in Indonesia, where several reports have been made by NGO’S regarding the violation of Human Rights done by members of Brimob Polri, which was gathered, quotes, and published by several other organizations without further investigation. However, not all of the data reported was valid or up to date, independent teams such as KOMPOLNAS ( INDONESIAN NATIONAL POLICE COMMISSION) and KOMNAS HAM ( INDONESIAN NATIONAL COMMISIONS OF HUMAN RIGHT ) whose obligation is to investigate cases related to the violation of Human Rights often do not find enough evidence regarding the violation of Human Rights such as those which had been reported, but only reports which have not yet been verified regarding its validity.
Efforts on capacity building as well as professional, proportional, and Human Rights oriented law enforcers towards Korps Brimob Polri can be seen by their participation in several workshops, seminars, and training of trainers held by JICA Japan, Center of Stability Police Unit/ Coespu International Law Enforcement Academy Bangkok, UNHCR, IOM, and ICRC.
In order to obtain an image of how far Polri reformation including Brimob, and what Brimob Polri has done in the development of the National Security System, a greater holistic observation is needed, this is done to avoid certain bias which can have a bad impact on both Brimob Polri and the Community.
Adrianus Meliala, a criminolog as well as a member of KOMPOLNAS once stated that “not all problems originate from the internal of Polri itself,” there are several external factors outside of Polri. In a democratic politic, not even one single money from the national budget goes unnoticed by DPR/ Legislative , each Budget has a role of DPR in it.
The functional role of Polri as a striking force which has a specific ability to reinforce national security and the rescuing of people of the society, must be supported by a well trained Brimob Polri, have a solid leadership, proper equipment and gear, as well as modern technology and have high respect towards Human Rights.
The preparedness of Brimob Polri in their carrying out their duty is affected by managerial preparedness with modern, dynamic, and actual perspectives towards the renewal in planning software requirements of law, hardware, and adequate resources in order to guarantee that duties are done well.
THE ROLE OF KORPS BRIMOB POLRI IN LAW ENFORCEMENT TOWARDS THE THE HIGH RATE OF CRIME IN INDONESIA
Brimob Polri aims to be the most up front guard of defense in law enforcement in building professional anti terror units with consideration on the dimensional challenges which are getting more difficult, this is related to the level/position of Indonesia’s Geo Strategy and Geo Politics in Asia as well as globally.
As a consequence of Indonesia’s strategic position regionally and globally, there is an increase in dimension of high intensity crime. In the Palermo Convention, it states that there are five categories of crime which is included as transnational crime, they are: narcotic crime, genocide, currency counterfeiting, sea piracy, and cyber crime.
This Palermo concept was later on emphasized by the ASEAN Declaration which stated that there are eight types of transnational crime: Illicit Drug Trafficking, Money Laundering, Terrorism, Arm Smuggling, Human Trafficking, Sea Piracy, Trans National economics crime & Currency counterfeiting, and Cyber crime.
Transnational crime in approach towards crime development is a necessity as a consequence of the development of communication technology, transportation, and information where the physical barriers of a country have become vague. International dimension as a form of crime which has crossed the territorial borders of a country, with the complexity of suspects and objects of action– and difficulty as a result of the difference in positive law amongst countries is the characteristic of transnational crime.
Tenseness and fear will rise within the community as a fear of crime that will later make the community feel and think that it is a form of Governmental failure in protecting their citizens.
Hermawan Sulistyo (2009), stated that the sudden appearance of terrorism is a threat to national security. The Bali Bombings I and II, Marriot Hotel Bomb, the series of Bombings in the American and Australian Embassy is a real life example of national safety issues.
Gegana Bomb Data Centre was one of the innovations from Brimob Polri in fulfilling their duty to protect and serve the community (GBDC). GBDC is a central bomb data and documentation analysis centre which is represented by Bomb Technician of Brimob Polri in order to enforce law by leaving behind investigation practices and conventional investigations changed into a police investigation approach which was based on a more scientific crime scene investigation approach.
Challenges of law enforcement and the maintenance of security and peace in Indonesia is currently face by a phenomena of development terrorism existence which is seen as a asymmetric warfare that has a tendency to point at the root of the problem of terrorism as a result of religion based growth of fundamentalism.
Globally, there is a tendency to view the identity of a religion not as a holy lesson but more of a perspective and a struggle. Conflicts and a flourishing fundamentalism will evolve and become the roots of world conflict the roots of terrorism needs soil in order to survive, and that rich soil will have a direct impact on the tree of terrorism, that rich soil is the social fundamentalist environment, which is the habitat, so that terrorism always comes and goes in the history of mankind.
The context of “Indonesian-ism” in Brimob Polri’ challenges as a striking force against terror and terrorism in Indonesia is that there is dynamics spread of terror , the most contemporary growth is that the term of “enemy” has been redefined into 2 categories; far enemies and near enemies.
The change in attitude and the way a radical organizations works is a combination between optimism and interests that might occur when an opponent suddenly appears too weak to be opposed.
Those weaknesses include: First; the ability of an opponent to respond effectively, the ability to protect their citizens and wealth that might weaken; and second; an opponent might make themselves morally and politically weak and therefore will increase the terrorist’s likely hood to obtain support from the community (Crenshaw, 6).
A conclusion needs to be drawn from Martha Crenshaw’s quote above, that terrorism is only a way to achieve a radical goal, and then the decision that terrorism is a psychologically chosen way regarding a rational decision made by a certain group of people to achieve their goal.
That rational decision is affected by several factors; subject, in this case is the certain groups and the second factor is object, in this case the target, therefore if either one of the factors are considered as the most beneficial way in order to achieve a certain goal compared to the other methods, then that method is chosen as the perfect rational method (Crenshaw, 7-11), it is not unusual that a contemporary terror attack in Indonesia by far enemies (the significance and identity of the western world is represented by America and Australia) becomes an attack towards near enemies (Indonesian Government and Brimob Polri) which is associated as “enemy” that block in achieving the main goal of a terrorist group’s activities in Indonesia.
We must see the terror attacks and their suitability with the current global trend, if we compare the modes of attack which are done by terrorists in Indonesia with terror acts in other countries we can conclude that these events somehow give inspiration amongst the terrorists because the attacks which happen in Indonesia also happen in other countries, for example the attack Bombings was done by using a motorbike in Indonesia is also happened in Pakistan, the attack of shooting of police officers also happened in Southern Thailand, when 5 police officers were shot and killed by the Pattani terrorist group.
An attack using Ricin poisoning also occurred in Afghanistan, an attack was also done towards US senators, and a terror attack was also done by sending letters filled Anthrax germs to the French Embassy in Jakarta, the main aim of these terrorists is politics, the struggle against world polarization.
The reason why terror groups and terrorist become more brutal and fired bullets towards a personnel of Polri who was on field duty and was wearing a police uniform was because there was a quote from Abu Bakar Baasyir staing that nowadays jihad in Indonesia is no longer fardhu kifayah, but fardhu ‘ain.
Indonesia is considered as Darul Harby according to Abu Bakar Baasyir, therefore it becomes compulsory to all Muslims in Indonesia to do Jihad against Kafir Haby Indonesia Government who consistently hamper those groups by law enforcement efforts towards terror activists who aim at western interest and the society in general.
Abu Bakar Baasyir stated that now is the time to oppose the Indonesian Government, this opinion was explained through one of Ustad Aman Abdurraham’s writings, which stated that to all men wherever they may be, act, march according to their abilities to do jihad towards toghut (A competitor of Allah – the Indonesial Government and also TNI and Polri), march step by step but with a big outcome.
Polri is considered to be the leading actor in tackling terror and therefore Polri is the number one enemy on terrorists, but despite that fact if we look at the previous events, whoever becomes a barrier for terrorist networks such as: Ulil Abshar Abdalla, Nazarudin Umar, Matori Abdul Djalil, and Guntur Romli, they have all be targets of terrorists because they were thought to be a barrier.
The shooting of a uniformed police officer is an easy target so that terrorists make them their aim, in fact, terrorists particularly look for members of Densus 88/ AT and members Counter terrorist unit of Brimob Polri. However, its is difficult to reach members of Densus 88/AT and Brimob Polri, therefore the terrorist aim at any uniformed police or Polri member in order to get their message through in saying that Indonesia is very prone to terrorism.
Before the Bali Bombings in 12th October 2002, Polri did not have any data or strategy in fighting against terrorism, even just to identify terrorist networks which have operated in Indonesia since 1998.
The achievement on disclosure of the Bali Bombing I and Jamaah Islamiyah terrorist network has made Polri a trusted leading actor to carry out their role in national security which is more than just security for the community; there have been several doubts on whether or not Polri could function well in their role in national security.
Since then, Indonesian Government has begun to obtain a format that is suitable with the reformation era as well as with Human Rights in countering terrorism associated insurgencies. The Indonesian Government’s decision was made my placing Polri in the implementation of law enforcement strategies by methods of “due process of law” where terrorists who are actually insurgent, are processed by law and brought to court in an open hearing.
This strategy is suitable with the current democratic conditions and it also emphasizes on Human Rights, once again, aware or unaware, law enforcement strategy by due process of law has brought a positive impact on the principles of contra-insurgency, the proof of guilt in an open hearing and gives insurgency rights to defend themselves fairly, will make the society assume that the insurgent is an ordinary criminal and a law violator of the people’s consensus.
This strategy of law enforcement has also implemented the “minimum force” strategy which has been the basic principles of contra-insurgency in the form of anti terror, as an instrument for law enforcement, every use of power by Brimob Polri is always based on the law, therefore the use of power is done selectively and with full responsibility, unlike the use of military violence which is often contra-productive because it is done without discrimination and invites social antipathy.
Since the disclosure of the bombers at Bali Bombings I, it was followed by the arrest of prominent figures such as Noordin m Top, Dul Matin, and Dr Azahari, which has encouraged Brimob Polri to improve and strengthen themselves, there have been several training programs done and there have been many resources which have been allocated to carry out its role in counter terrorism.
One of the decisions made by a INP / Polri Leader at that time which was very monumental was to form Task Force (Satuan Tugas/ SATGAS) Bom Polri which later transformed into Densus 88/Anti Terror, the existence of an ad hoc organization and its management was strengthened structurally by combining the best Polri personnel incuding personnel from Brimob Polri who were given the task as a Striking Force unit.
The structure of this system has made SATGAS anti terror Polri which consists of the best personnel from anti terror unit Gegana Brimob Polri has made itself a unit which is tactically flexible in order to face and track down terrorist who are also flexible and have a high mobility.
This is the implementation of the “tactical flexibility” which certainly the optimal performance as a Striking Force unit needs the existence of law enforcement agencies, especially Polri (With Brimob inside it) as a professional frontline guard in the criminal justice system, rule of law regarding insurgency and terrorism must be adequate, and the sufficient infrastructure to support this system so that it can run well.
When personnel resource as crew of anti-terror/ Striking Force units are so well formed through frequent training both inside and outside of the country either dependently or through assistance and cooperation with international anti terrorism, certainly still needs support and the availability of adequate infrastructure.
The need for adequate infrastructure is certainly not an easy task, even though legislature in Indonesian parliament have provided optimal support in building strength within anti terror units of Brimob Polri, an international cooperation is still very much needed in tackling terrorism which is an existing symptomatic crime in Indonesia.
International cooperation in the form of training and procurement of equipment in the from of grants or administration is needed. Known as a police anti terror unit who is required to place Human Rights as an operational basis, sufficient and proportional tools are needed for the self-defense of officers as well as to save the lives and the properties of the community.
Weaponry owned by Brimob Polri anti terror units is currently 1-2 decades out of date, with a limited quality as well as limited quantity. Only units which are locates in Mabes Polri have relatively adequate equipment, but its quality is still far from expectations and far from the international law enforcement standards.
Protective gear in the form of armor vests, optical devices, electronic surveillance device, breaching devices, sharpshooter/ sniper, and tactical weapon for primary and secondary which are owned by Brimob Polri anti terror units were all gear which had been passed on to then from the pre reformation era, other than being already torn, and in poor condition, the available choice of calibers and the types of munitions does not meet the police standards, and are not yet equipped with optical sight: day or night vision, quite often in law enforcement operations involving arresting high risk terrorists, there are several Brimob Polri anti terror units which have to use attack weapons AK47 and M16 A1 type without any adequate optical sight and body armor protection.
Evidence of amour that used in carrying out terror operations in Indonesia is currently more advanced compared to the weapons owned by Polri, taking back to the shootings of Sepe Silanca a residents in Poso, Central Sulawesi where Polri found 45 mm caliber bullets, a similar case occurred in Makassar, South Sulawesi, where riots took place involving the throwing of Grenades at the Governor of South Sulawesi, the Brimob Polri counter terror unit which worked together with regional Police and counter terror unit arrested a gunman who owned a 45mm caliber Pistol 1911, a number of long barrels type M16 A1 and M4 Carbine, which were easily obtained through the Philippines (Moro) arms smuggling route to Indonesia via North Sulawesi.
As a consideration and prediction of the need and urgency of building Brimob Polri counter terror units which are equipped with professional weapons is the number convicted of terrorism which have been brought to court in Indonesia.
Since 2002-2013, there have been a total of 906 individuals involved in terrorism with details: 643 people undergoing a court verdict, 50 people undergoing a court trial, 37 people still under investigation, and the rest have been released/ have finished their sentences.
This data is the biggest Warning and source of information because after they finish their sentences, will they return into terrorism activities?, therefore it is an absolute necessity in order to ensure pluralisms in the framework of Democracy and Human Rights in Indonesia, it is logical that international support in real form is needed in order to build capability, capacity, and support of modern equipments and weapons for INP, according to Police and international law enforcement organization standards.
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