The Asian Forum for Human Rights and Development (FORUM-ASIA) and the undersigned organisations are deeply concerned over the problematic Indonesian National Police Bill (“Police Bill”).
The Police Bill seeks to expand the police’s authority in law enforcement and safeguarding national security. This effectively transforms the police into a “superbody” since the expansion lacks adequate public oversight mechanisms.
The bill does not address the the police’s susceptibility to politicization; its prevailing culture of impunity, torture and brutality; and poor accountability in handling cases;. The draft revision is likely to maintain the status quo or exacerbate current police problems.
Without intervention, the bill could further reinforce a culture of impunity and abuse of power within the police and potentially reverse Indonesia’s democratic reform.
Police brutality in Indonesia
On 28 May 2024, the Indonesian House of Representatives hastily approved the move to make the Police Bill a legislative initiative, jumpstarting formal discussions on the draft legislation.
Then on 7 June, the House of Representatives issued a letter to the President seeking the appointment of government representatives to join the discussion of the Police Bill in parliament. The President was given 60 days to respond. The Parliament would then deliberate on the bill as the basis to formally amend Law 2/2002 on Indonesian National Police.
However, the fast-tracked approval from the House of Representatives came even though the bill is not a priority under the National Legislation Program. Similar cursory practices were evident in the proposed amendments to the Broadcast Law which contains repressive provisions that significantly threaten press freedom.
The police is the top perpetrator of human rights violations in Indonesia, according to multiple state institution reports and the latest record from the Indonesian National Human Rights Commission.
Since 2020, the human rights organisation KontraS, a FORUM-ASIA member, has reported over 600 annual cases of police brutality in Indonesia.
In 2019 alone, the Indonesian police reportedly committed 67 extrajudicial killings, according to the Indonesian Legal Aid Foundation.
We are in solidarity with the Civil Society Coalition for Police Reform. The coalition includes FORUM-ASIA’s Indonesian member organisations which have rejected the Police Bill as it contains suppressive articles that jeopardise human rights and fundamental freedoms.
Impact on journalists
Since 2023, it was found that the police and state apparatus are the main perpetrators of violence against journalists–with most cases having gone virtually untouched–according to the Alliance of Independent Journalists (AJI).
The expansion of police’s authority would inevitably hinder the flow of information online, thereby disrupting people’s right to accurate information and the work of journalists in potentially uncovering state misconduct.
Alarming provisions threatening civic space
The Police Bill contains problematic provisions such as the expansion of police powers to control cyberspace, increase surveillance, and tackle threats to national interests. All of which have been prescribed in an overly broad manner without proper safeguards and limitations.
Under Article 14(1)(b), the police are granted powers to manage, monitor, and secure cyberspace. Article 16 (1)(q) allows the police to block, shut down, and slow down access to cyberspace for the sake of “national security” in coordination with relevant ministries and service providers. Historically, internet shutdowns have been used to curb peaceful protests, particularly how it occurred in Papua in 2019.
Under Article 14(1)(o), the police are allowed to conduct wiretapping in accordance with relevant laws. However, Indonesia is yet to have a specific law governing wiretapping to properly prescribe any appropriate limits to this authority.
The bill does not provide any clear and appropriate definition of “national security,” Likewise, it does not include any judicial oversight. This is highly concerning as the bill could be interpreted and used in such a way to further shrink and restrict Indonesia’s digital space, thereby limiting people’s right to freely express their political opinions and criticisms against the government.
The bill also allows the police to conduct arbitrary surveillance on whoever is deemed to be a threat to national security, thereby violating people’s right to privacy. The application of these articles could thus lead to a state of digital panopticon under the police’s control.
Under Article 16(A)(c) and (d), the police are allowed to collect information and materials as well as to conduct early detection and warning to prevent, deter, and counter any perceived national security threats. This includes the presence or activities of foreigners.
Under Article 16(B)(1), the police’s collection of information and materials can be carried out against domestic and foreign agents, including those undergoing legal proceedings. This could ultimately give the police sweeping powers to restrict foreign activities, such as those carried out by international human rights organisations expressing solidarity with Indonesian human rights defenders in their demands for democracy, justice, and accountability.
For simply having foreign affiliations, the Police Bill could meddle with the independence and activities of civil society organisations (CSOs) promoting fundamental freedoms and monitoring human rights violations. Such CSOs risk being labelled as terrorists or threats to national security. Although not explicitly stated under the bill, this provision might also apply to CSOs that receive legitimate foreign funding.
Call to action
FORUM-ASIA and the undersigned organisations strongly urge the Indonesian Parliament to halt its enactment of the Police Bill.
As a state party to the International Covenant on Civil and Political Rights, Indonesia is obligated to respect, protect, and fulfil people’s fundamental freedoms.
As stipulated by the Human Rights Committee following Indonesia’s second periodic review in March 2024, the government must guarantee meaningful, effective, and participatory consultations with all relevant stakeholders including CSOs during all phases of legislation development.
The government should ensure that reports of harassment and intimidation by law enforcement and security forces are thoroughly investigated. Perpetrators must be prosecuted and if convicted, they should be subjected to penalties that guarantee non-repetition.
We reiterate the call of the Civil Society Coalition for Police Reform for the government to stop proposing harmful legislation under the guise of defending national security. No legislation should ever sideline human rights and the principles of democracy. Laws should strengthen Indonesian democratic reforms rather than justify acts of repression.
We call on the government to address the police’s weak oversight mechanisms. Such weakness has allowed the continuity of police brutality and impunity in Indonesia. In addition, the government should immediately address the pending human rights violations allegedly perpetrated by police apparatuses.
Instead of committing violence and human rights abuses on behalf of the government, the police must help provide safety and security for all citizens.
Signatories
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- Ain O Salish Kendra (ASK)
- Alliance of Independent Journalists (AJI)
- Alternative ASEAN Network on Burma (ALTSEAN Burma)
- ASEAN SOGIE Caucus (ASC)
- ASEAN Youth Forum (AYF)
- Asia Democracy Network (ADN)
- Association of Women for Awareness & Motivation (AWAM)
- Balay Alternative Legal Advocates for Development in Mindanaw (Balaod Mindanaw)
- CIVICUS: World Alliance for Citizen Participation (CIVICUS)
- Defence of Human Rights (DHR)
- Dignity-Kadyr-kassiyet (KK)
- Human Rights Working Group (HRWG)
- Indonesia Legal Aid and Human Rights Association (PBHI)
- Indonesian Human Rights Monitor (IMPARSIAL)
- Indonesian Legal Aid Foundation (YLBHI)
- Initiatives for International Dialogue (IID)
- Institute for Policy Research and Advocacy (ELSAM)
- International Legal Initiative Public Foundation (ILI Foundation)
- Jagriti Child and Youth Concern Nepal (JCYCN)
- Maldivian Democracy Network (MDN)
- Odhikar
- Philippine Collective for Modern Heroism (Dakila)
- Southeast Asia Freedom of Expression Network (SAFEnet)
- The Commission for the Disappeared and Victims of Violence (KontraS)
- Think Centre Singapore
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For media inquiries, please contact:
- Communication and Media Programme, FORUM-ASIA, [email protected]
