THE SECTORAL POLICE HAS NO AUTHORITY TO DO INVESTIGATION

BACKGROUND

The Chief of the National Police of the Republic of Indonesia (Kapolri) has recently signed a Decree as the Head of the National Police of the Republic of Indonesia Number: Kep/613/III/2021 dated March 23, 2021 concerning the Appointment of Sectoral Police only to Maintain Public Security and Order in certain Areas (No Investigations).

This decree was issued as one of the Chief of Police’s priority programs in the area of transformation, institutional structuring program, and activities to strengthen the Sectoral Police and to appoint the Departamental Police as the front line of the Indonesia National Police services. It is part of an action plan to change the police’s authority when maintaining security and public order in certain areas (No Investigations).

OVERVIEW OF THE CHIEF OF INDONESIAN NATIONAL POLICE DECREE NUMBER: KEP/613/III/2021

This Chief of National Police Decree stipulates several aspects including the following:

1. The Sectoral Police will not carry out investigations under the terms of authority and implementation of their duties based on the Chief of Police’s Letter Number: B/1092/II/REN.1.3./2021 dated 17 February 2021.
2. The Sectorial police will decide if a matter arises where circumstances require special arrangements with the National Police.
3. This decree shall come into force from the date of stipulation.

In this regard, the Chief of National Police Decree also attached a list of police personnel who will no longer conduct investigations. This list was based on the following criteria where:

1. The average distance between the Sectoral Police and the Departmental Police is not more than 120 (one hundred and twenty) minutes or 2 (two) hours.
2. The location is on the same island.
3. The average number of Police Reports received is no more than 10 Police Reports every year.

These criteria are no doubt to streamline the reporting and investigation of police investigations.

THE IMPLEMENTATION OF THE CHIEF OF INDONESIAN NATIONAL POLICE DECREE NUMBER: KEP/613/III/2021

Based on this National Police Decree, and on the list of these particular Sectoral Police listed in the attachment to the Chief of National Police Decree, there are still several Sectoral Police that will continue to have the authority to receive Police Reports and carry out the investigation process. However, when the matter in the Police Report escalates to the investigation stage, the Sectorial Police now do not have the authority to carry out investigations.   They must now leave investigations to the Departamental Police above it.

However, especially in some Sectoral Police located for example in the West Papua region, the Sectorial Police will not handle criminal case investigations as the distance between the Sectorial Police offices and Departments are close.

On the other hand, based on the attachment to the Chief of Police’s Decree, it remains that not all Sectoral Police in Indonesia are subject to restrictions on their authority to carry out investigations. For example, for Sectoral Police located in the Regional Police of Metro Jaya area, they are still given the authority to carry out investigations. (FMP)