Police is Career Position
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The Constitutional Court (MK) has finally decided to reject the application for judicial review of the whole Act 2/2002 on the Police of the Republic of Indonesia - Case No. 33/PUU-X/2012.

"The verdict, prosecuting, said the petition to reject entirely," said Chairman of the Plenary Mahfud MD accompanied by other constitutional judges on Tuesday (15/1) afternoon at the plenary room.

Against Petitioners’ argument that states Article 11 paragraph (6) Police Act violated Article 27 Paragraph (1), Article 28D paragraph (3), Article 28C Paragraph (2), Article 30 Paragraph (1) of the 1945 Constitution, the Court described Article 11 paragraph (6) the Law on Police, "Police is Officer Candidate High Indonesian National Police are still active with respect and career ladder".

According to the Court, of these provisions, there are two requirements: (i) High Officers Indonesian National Police is still active and (ii) and the career ladder. In addition, in accordance with the provisions of Article 11 paragraph (1) of the Police that the police chief is appointed and dismissed by the President with the approval of Parliament. Therefore, according to the Court, it is including the Chief of Police position in a clump of career positions.

In addition, the Court found, the Police carry out the constitutional mandate as provided for in Article 30 Paragraph (4) of the 1945 Constitution, "State Police of the Republic of Indonesia as a country to maintain security and public order duty to protect, nurture, serve the community, and to uphold the law".

"Therefore, in filling the position Chief of Police of the Republic of Indonesia needed an experienced person in the field of policing. Police officers as one of the requirements to become a police chief are the choice of the former Act. Because of the ladder is considered capable enough to lead the Indonesian National Police in order to carry out the mandate of the 1945 Constitution and the orders, "said Usman Anwar, the Constitutional Court’s opinion reads.

Because the police chief position is a career position, according to the Court, every Indonesian citizen who wants to be a police chief should be a police officer first and follow a career in the police force of the Republic of Indonesia. Nevertheless, the former Act may determine that the police chief was not from a career position, but if the former Act determines that the police chief had from the office of career, it is not contrary to the constitution.

"In this case, the determination of the Chief of Police is a political choice of law open (opened legal policy). Therefore, the Court found that the Petitioner a quo unreasonable law," said Anwar Usman.

Furthermore, related to Article 18 paragraph (2) of the Police, the Court found that the provision should be read with reference to the provisions of Article 18 paragraph (1) of the Police Service, which is in the public interest the Indonesian National Police in carrying out its duties and authorities can only act according to own judgment in dire need to pay attention to laws and regulations, as well as the Code of Ethics Police of the Republic of Indonesia.

Therefore, according to the Court, the article is in order to perform the principal duties and powers of the police. Based on these considerations, the Court, Article 18 paragraph (1) and (2) of Law no. 2/2002 does not conflict with the 1945 Constitution that Petitioners’ arguments are not grounded in the law. (Nano Tresna Arfana / mh)


Tuesday, January 15, 2013 | 14:04 WIB 155