Paparan Ketua STIK

1 HUMAN RIGHTS BASED AND COMMUNITY BASED POLICING IN INDONESIA

DR. IZA FADRI, SIK, SH, MHHead of PTIK (Police Science Studies Institute)

1HUMAN RIGHTS BASED POLICINGIN INDONESIA2Progress of the concept of human rights Paradoksviolations of human rights by the USAUSA roleReformist movementThe concept of human rights

stand for the values of individualismJohn Lock 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)Declaration of Independence (Peardon, 1952) 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 RightsFranklin D RooseveltFOUR FREEDOMFreedom of speechFreedom of religionFreedom from wantFreedom from fear

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more respect to human rightsshifting constellation of state politicsthe concept and values of the international of human rightsDeclaration of Human RightsPBB, 1948"Those rights which are inherent in our nature and without which we cannot lives as human being "Moral commitment to international human rights and norms 4Human rights issues in IndonesiaPublic Awareness on human rightsRecognition of the right is too high, negligent of duty

Human rights violations committed in the pastViolations of civil and political rights through physical harm(Murder, torture, enforced disappearances)

Transitional JusticeA process of exit from authoritarian rule to associated with a more democratic respect backcivil rights, political, economic, social and cultural previouslysystematically oppressed

Law enforcement and moral crisis of inequality in the legal systemso that the community vigilante, even anarchic protestagainst law enforcement

An understanding of the limits of action the PoliceThe difference of understanding about the limits of police actions within the limits of the law by the actions that have violated human rights5Constitution of Republic Indonesia and its amendments MPR Decre XVII 1998Act No. 39/1999 on Human RightAct No.28/2000 on Human rights CourtMPR Decre No.V/MPR/ on Strengthening national unity and integrityAct .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 violationsAct No 8 / 1981 on Crinimal Procedure LawAct No.2/2002 on INPAct No.14/1970 on Principal terms of judicial authoritiesAct .No.4/1979 on Chlid welfareAct No.7/1984 on Elimination of all forms of discrimination against WomenAct .No.3/1997 on Juvenile justiceAct No.4/1997 on Invalid PersonAct No.20/1999 on ILO ConventionAct No.1/2000 on Ratification of ILO Convention No.182Act No. 23 / 2002 on Child ProtectionBasic regulations and policies of human rights in Indonesia6

Article 1Human Rights as a set of rightsinherent in the nature and existencehuman beings as God Almightyand is a mandatory grace togetherrespected, upheld andprotected by Country, Government, andevery man of honorand the protection of the dignity andhuman dignityAct No. 39/1999 on Human Rights Restriction by Lawhuman rightraisebasic obligations &responsibility to respectrights of othersreciprocally7Human 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

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TypeCauseUse of firearms Violence againts custodyKeep the crowdViolence in the investigation / inquiry5. Shoot the offensive perpetrators 6.Communication intimidation

Authoritarian apparatus DiscriminationMilitaristic Arrogance of authority Assumed of Power Intimidation

physical violence psychological violence Sexual violence / harassmentsymbolic violencePositionPowerAuthority

Police enforcement that potentially violate human rights9Limitation of force and firearms by Law Enforcement OfficialsArticle 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 CodePolice were forced to defend themselves oranother, honor / property from attackagainst the rights and threatening,cant be punished

Violence and Firearms by Police

10RIGHTS BASED POLICINGPolicing 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 service11More specifically..Police is the gatekeeper of criminal justice systemPolice has the authority efforts in the criminal justice processwhile performing their duties and authorities, potentially for human rights violations towards Police paradigm became professional civilian police force12Code 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 justice13code 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.

14Prohibition of Police in law enforcement (article 11)arrest 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

15Prohibition .punishment and physical actions that are not by the law (corporal punishment);inhumane treatment of someone who report cases human rights violations by othersconduct 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 16another issuedact 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)

17COMMUNITY BASED POLICINGININDONESIA18POLICE 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 make (a military area) neat and ordee.19Referring 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.20According 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.21In 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).22PolicePolice can mean as: functions, institutions & officersPolice are citizens in uniformAccording 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 laws23Police perform their main task / duties and functions through POLICING2425

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)26We should not be fighting the crime of the twenty-first century with the tools of the nineteenth.(Jack Straw, Home Secretary, United Kingdom, 1997)about policing (2)

27Policing style taken by the INPLaw EnforcementCrime Prevention and Public OrderPreemptive Efforts in Maintaining Peace and SecurityProactive policingBeat & Paramilitary

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 Policing2829Proactive 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

Policing in modern countries30The truth about proactive policing1Traditional reactive models of policing have been outdated. Alternatives, either good or relatively good, are then required.

31The truth about proactive policing2The idea of new-managerialism and good governance. Policing is basically similar to any other public-related activities taken by public institutions.

32The truth about proactive policing3Increasing role of technology in policing and awareness toward the benefits given by information system. COMMUNITY POLICING (PERPOLISIAN MAYARAKAT / POLMAS)is proactive policing which aims to solve social problems that occur in society, especially with regard to security issues33Police is believed :

Could be a role model and able to provide education / enlightenment to the public.The Police as PartnersPeople do not fear to the police and always provide the required information the police in keeping / maintaining of public order and safetyPolice were able to listen / understand the community needs a sense of security34GOAL :

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.35INDIVIDUAL PERFORMANCE OF POLMAS OFFICER :

Must be able to communicate well with residentsOfficers 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 with the police36OFFICER POLMAS:

Independent duty in coordination with the police sector and the police stationMake a report of social and security situation periodically to the police stationHandle and resolve local problems in discretionMonitor / standby 24 hours in community citizen / public local district.3738End of presentation38