UMAN RIGHTS BASED

D
OMMUNITY BASED POLICING
NDONESIA
DR. IZA FADRI, SIK, SH, MH
Head of PTIK
(Police Science Studies Institute)

HUMAN RIGHTS BASED

POLICING
IN
INDONESIA

ss of the concept of human rights

Reformist
movement
USA role
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Paradoks
violations of
human rights
human rights
by
the USA

John Lock

stand for the values

of individualism

(Peardon, 1952)

Declaration of Independence
We hold this truth to be self-evidence; that all men
are created equal that they are endowed by their
creator with certain inalienable rights, that among
these are life, liberty and the pursuit of happiness.
That to secure these rights, government are
instituted among men, deriving their just power
from the consents of the governed, that whenever
any form of government becomes destructives of this
end, it is the rights of the people to alter or abolish it
and to institutes new government (Gabriel, 1991)

That men naturally are in a

state of perfect freedom
teaches all mandkind that
being
all
equal
and
independent, no one ought to
harm
another
in
his
life,health,liberty
or
possessions.

Bill of Rights
Franklin D Rooseve
FOUR
FOUR FREEDOM
FREEDOM

Freedom
Freedom of
of speech
speech
Freedom
Freedom of
of religion
religion
Freedom
Freedom from
from want
want
Freedom
Freedom from
from fear
fear

oncept and values of the international of human ri

hifting constellation
of state politics

more respect to human rig

Declaration of Human Rights

PBB, 1948

commitment to international human rights and no

"Those rights which are inherent in our nature

nd without which we cannot lives as human being

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ic regulations and policies of human rights in Indo

Constitution of Republic Indonesia and its amendments

MPR Decre XVII 1998
Act No. 39/1999 on Human Right
Act No.28/2000 on Human rights Court
MPR Decre No.V/MPR/ on Strengthening national unity and integrity
Act .No.27/2004 on Truth and reconciliation commission (KKR)
Government Regulation No.2/2002 on Procedures for the protection of
victims and witnesses in human rights violations
Act No 8 / 1981 on Crinimal Procedure Law
Act No.2/2002 on INP
Act No.14/1970 on Principal terms of judicial authorities
Act .No.4/1979 on Chlid welfare
Act No.7/1984 on Elimination of all forms of discrimination against
Women
Act .No.3/1997 on Juvenile justice
Act No.4/1997 on Invalid Person
Act No.20/1999 on ILO Convention
Act No.1/2000 on Ratification of ILO Convention No.182
Act No. 23 / 2002 on Child Protection

o. 39/1999 on Human Rights Restriction by Law

Article
Article11
Human
HumanRights
Rightsas
asaaset
setof
ofrights
rights
inherent
inherentin
inthe
thenature
natureand
andexistence
existence
human
humanbeings
beingsas
asGod
GodAlmighty
Almighty
and
andisisaamandatory
mandatorygrace
gracetogether
together
respected,
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upheldand
and
protected
protectedby
byCountry,
Country,Government,
Government,and
and
every
everyman
manof
ofhonor
honor
and
andthe
theprotection
protectionof
ofthe
thedignity
dignityand
and
human
humandignity
dignity

human right
raise
basic obligations &
responsibility to respect
rights of others
reciprocally

Human Rights on INP law (Act No. 22/2002)

Article 4 : Police realize domestic security cover maintenance of security
and public order, orderly and law enforcement, protective guardian and public
servants, as well as the development of peace society should be to uphold
human rights.
Article 14 clause (1) i: protecting the safety body and soul, property, society
and the environment from disturbing the peace / disaster including providing
assistance and help to uphold human rights.

Article 16 clause (2) e: Other actions (inquiries and investigations) that are
implemented should be qualified respect for human rights.
Article 19 clause (1): In the performance of duties and authority, police officials
Always act on the rule of law and heed religious norms, decency, morals and
upholding human rights

orcement that potentially violate human rights

Position
Power
Authority

1.
2.
3.
4.

Use of firearms
Violence againts custody
Keep the crowd
Violence in the investigation /
inquiry
5. Shoot the offensive perpetrators
6. Communication intimidation

Type
physical violence
psychological violence
Sexual violence / harassment
symbolic violence
Cause
Authoritarian apparatus
Discrimination
Militaristic
Arrogance of authority
Assumed of Power
Intimidation

olence and Firearms by Police

Limitation of force and
firearms by Law
Enforcement Officials
Article 3 of the Universal Declaration
of Human Rights
only when necessary for justice
crime prevention
principle of balance
(use ofe vilonece to get the goals to be achieved)
resistance by criminals who use guns
/ endanger the lives of others
People defend themselves and others against
death threats

Article 49 clause 1 Penal Code

Police were forced to defend themselves or
another, honor / property from attack
against the rights and threatening,
cant be punished

RIGHTS BASED POLICING

Policing

based on human rights is

issued on the main function of
Police, as the custodian of public
order and safety, law enforcement,
public service and community
service
11

More specifically..
Police

is the gatekeeper of criminal justice

system
Police has the authority efforts in the criminal
justice process
while performing their duties and authorities,
potentially for human rights violations
towards Police paradigm became professional
civilian police force
12

Code of conduct for INP (article 10 Head of INPs

regulation No. 8 / 2009 about Implementation Principles
and Standards of Human Rights on INP Task )

always

perform tasks mandated by law;

respect and protect human dignity;
violence is prohibited, except to prevent assist
crime arresting offenders or suspects in
accordance with the regulations the use of
violence;
matters are confidential within the authority
should be maintained confidential, except as
required in the performance of duties or justice
13

code of conduct.
must

not incite, tolerate acts of torture, degrading

treatment or punishment cruel, inhuman or
degrading treatment, and to make orders or
exceptional circumstances such as the war
situation as a justification for torture;
ensure the full protection of the health of people
in custody;
should not corrupt, nor abuse other powers
contrary to the law enforcement profession;
respect to the law, the provisions of behaving,
and the existing code of conduct.
14

Prohibition of Police in law enforcement

arrest

(article 11)

and arbitrary detention and not by the law;

torture prisoners or against persons suspected of
engaging in crime;
harassment or sexual violence against prisoners
or people suspected of engaging in criminal;
judgment and / or inhuman treatment that
degrades human dignity;
corruption and bribery;
obstruction of justice and / or covering up crimes
15

Prohibition .
punishment

and physical actions that are not by

the law (corporal punishment);
inhumane treatment of someone who report cases
human rights violations by others
conduct a search and / or seizure that is not by the
law;
using force and / or firearms excessive;
Police who commit acts of violation of human
rights shall be account in accordance with the
code of police ethics, and discipline existing legal
16

another issued
act

of investigation (article 12, 13)

action of call (article 14)
act of arrest (article 15, 16, 17, 18, 19, 20, 21)
act of detention (article 22-26)
act of interrogation (article 27-29)
investigation in crime scene (article 30-31)
act of rummage of people and place / house
(article 32-33)
seizure of evidence (article 34)
17

COMMUNITY BASED
POLICING
IN
INDONESIA

18

POLICE
The definition of Police according to The American
Heritage Dictionary of the English Language :
1. a. governmental department established to maintain
order, enforce the law, and prevent and detect crime.
b. the members of such a department.
2. Any group of persons resembling the police force of a
community in function: campus police.
3. Soldiers assigned to a specific maintenance duty:
kitchen police - v, -liced, -Iicing: 1. To control or keep in
order with or as with police. 2. To make19 (a military

Referring to the definition,

police are (1.a) :
a

government department established to

maintain order and order (in the
community), enforcing the law, and detect
crime and prevent crime.

20

According to Sutherland and

Cressey (1960: 332-340),
police duties include:
Administrative,

who essentially concerning in order and

public order, which includes regular and traffic related;
detection and prevention of crime in public places;
controls on crime, through patrols or raids on criminals at
the scene of the crime or elsewhere;
Enforce the law.
Prioritize law legal systems over other systems.
Linkage with the political police.
21

In other words, the police has a function

as a protector of the people and the threat
of a disturbing crime safety and adverse
psychological and material, by maintaining
the order, enforcing the law or
more precisely uphold justice in society
based on law, detect and prevent crime
(Suparlan, 1997).

22

Police
Police

can mean as: functions, institutions

& officers
Police are citizens in uniform
According to Article 1, paragraph 1 of the
INPs law (UU No. 2/ 2002), Police are all
things that the particulars relating to the
functions of the police and agencies in
accordance with the laws
23

Police perform their main task /

duties and functions through
POLICING

24

about policing (1)

The approach constitutes the
beginning of the most
significant redefinition of police
work in the past half century...
(Willson & Kelling, 1989; p. 48)

25

about policing (2)

We should not be fighting the
crime of the twenty-first
century with the tools of the
nineteenth.
(Jack Straw, Home Secretary, United Kingdom, 1997)

26

Policing style taken by the INP

Law
Enforcement
Crime Prevention and
Public Order
Preemptive Efforts in
Maintaining Peace and Security
Proactive policing

Beat & Paramilitary

27

CID

CONVENTIONAL POLICING :
- Reactive or wait
- More prioritize law enforcement / crime fighter
Policing are :
- Fire Brigade Policing (ala policing firefighters)
- The Military Policing
- Dial a Cop Policing

28

Policing in modern countries

Proactive policing that seeks to solve various social
problems that occur within the community :
Community-oriented policing
Based on the supremacy of law
Provide assurance and protection of human rights
Transparent
Emphasizes prevention
Seeks to protect the human resource as an asset
of the
nation most valuable

29

The truth about

proactive policing
1
Traditional

reactive models of
policing have been outdated.
Alternatives, either good or relatively
good, are then required.

30

The truth about

proactive policing
2
The

idea of new-managerialism
and good governance. Policing is
basically similar to any other publicrelated activities taken by public
institutions.
31

The truth about

proactive policing
3
Increasing

role of technology in
policing and awareness toward the
benefits given by information
system.

32

COMMUNITY POLICING
(PERPOLISIAN MAYARAKAT /
POLMAS)
is

proactive policing which aims

to solve social problems that
occur in society, especially with
regard to security issues
33

Police is believed :
Could

be a role model and able to provide

education / enlightenment to the public.
The Police as Partners
People do not fear to the police and always
provide the required information the police in
keeping / maintaining of public order and safety
Police were able to listen / understand the
community needs a sense of security
34

GOAL :
The

creation of a sense of security and

safety of citizens and community awareness
by citizens for citizens and community /
society.
Award to the Police as friends and
companions and as a patron and protector of
the threat of crime.
35

INDIVIDUAL PERFORMANCE OF
POLMAS OFFICER :
Must

be able to communicate well with residents

Officers were able to be part of the community
Being able to stimulate people to :
trust in the police
identify social problems and disturbances in the
community
address and solve local problems
building the confidence of citizens to face the
threat of a security breach and solve social problems
36
with the police

OFFICER POLMAS:
Independent

duty in coordination with the

police sector and the police station
Make a report of social and security situation
periodically to the police station
Handle and resolve local problems in discretion
Monitor / standby 24 hours in community
citizen / public local district.

37

End of presentation

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