By: Ali Lubis, SH., MH.
The Kapolri’s firm stance, expressed during a Working Meeting with Commission III of the Indonesian House of Representatives (DPR RI), deserves appreciation and support. The Kapolri’s rejection of the idea of placing the Polri under a ministry, even stating that he would rather be a farmer, demonstrates his firm adherence to the Constitution, namely the 1945 Constitution, the People’s Consultative Assembly Decree (TAP MPR), and the Spirit of Reform 1998.
This statement is not merely a personal stance, but a constitutionally valid institutional stance. The Kapolri emphasized that his position must not sacrifice principles, especially the principle of the National Police’s independence as a state instrument.
As stated in the 1945 Constitution, the Polri is a state instrument, as affirmed in Article 30 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which states that the Polri is tasked with maintaining public security and order, protecting, serving, and enforcing the law.
The status of the Polri as a state apparatus confirms that the Polri is not an instrument of political power, and therefore, it is appropriate to place it directly under the President as Head of State and Head of Government in a presidential system.
This provision is emphasized in Law Number 2 of 2002 concerning the Polri, specifically Article 2, which states that the Polri is a state instrument responsible for maintaining public security and order, enforcing the law, and providing protection, assistance, and services to the public.
Furthermore, Article 8 paragraph (1) of the Police Law affirms that the Polri is under the President, and the Kapolri is directly responsible to the President in carrying out his duties.
Therefore, normatively, there is no room for interpretation that the Polri can be placed under a ministry, as the law explicitly establishes a direct line of command to the President.
Placing the Polri under the President is a mandate of the 1998 Reforms, which aimed to establish a neutral, professional, and independent law enforcement institution. This is also emphasized in: MPR Decree Number VI/MPR/2000 concerning the Separation of the TNI and the Polri;
MPR Decree Number VII/MPR/2000 concerning the Role of the TNI and the Polri.
This MPR Decree emphasizes that the Polri is an instrument of the state, not a sectoral government instrument, and in carrying out its role must be free from the influence of practical politics.
Furthermore, if the Polri were placed under a ministry, it could potentially create a “twin suns” problem in the command system, namely between the President and the Minister, which could lead to an accountability crisis, particularly in law enforcement and national security control.
This situation has the potential to create conflicts of authority, slow decision-making, and weaken the effectiveness of national security management. Conversely, the Polri’s position directly under the President makes it easier for the President, as head of state, to summon the Kapolri directly to obtain rapid and comprehensive information regarding the security and public order (Kamtibmas) situation throughout Indonesia, without the constraints of ministerial bureaucracy.
This is crucial in a presidential system that requires clarity of command and speed of response.
Therefore, law enforcement agencies must be placed under the president to prevent them from being subject to sectoral or ministerial political control, as independence is a key requirement for upholding the rule of law (rechtsstaat).
The Polri, as an instrument of the state, must be neutral from political interests, and its placement under the President is part of the constitutional design to prevent practical political intervention.
Therefore, based on both the 1945 Constitution, Law Number 2 of 2002 concerning the Police, the People’s Consultative Assembly Decree (TAP MPR), and the views of experts, the position of the Polri under the President is appropriate, legitimate, and constitutional.
Therefore, what the Polri currently needs is strengthening integrity, professionalism, and strong oversight, not structural subordination to a ministry.
Finally, issues, ideas, or polemics regarding the position of the Polri under a ministry must be addressed clearly and constitutionally by all parties, so as not to cause national political upheaval amidst the current uncertain international geopolitical situation.
The Author is a Politicians and Members of the DKI Jakarta DPRD from the Gerindra Party Faction
