The stampede, which took place on October 1, 2022 killed 135 and injured 323. It is considered to be one of the deadliest football tragedies in modern history. It was triggered by security personnel firing tear gas toward the spectator stands to disperse a crowd that entered the pitch. Many videos on social media also showed police brutally attacking football fans.
It is alleged that the personnel did not comply with the stadium safety and security protocols set by FIFA which, among others, ban the use of tear gas. However, officers could be seen firing tear gas repeatedly toward the stands, even though they should have known that it might hit children and the elderly. Even though a Police Chief Regulation (Perkap) 1/2009 on police use of force exists, police brutality that often results in loss of life is still common, and the accountability mechanism to bring those responsible to account is not clear (Kontras 2020).
The author is of the view that weak accountability is indeed at the heart of the problem within the police force. In the future, there must be an independent institution specifically tasked with monitoring and taking action against violations committed by police personnel. As a key component in the criminal justice system, police supervision must also be strengthened with more robust oversight mechanisms, considering that it has enormous authority to make arrests, detain, search, confiscate and so on (Akbari et al 2022). Control from the AGO and supervision by the court should ideally be able to provide checks and balances on police use of force. Unfortunately, under the current KUHAP, these arrangements are difficult to implement.
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Acts of violence by security force often take place in crowd dispersal. Officers often disregard human rights principles when dealing with civilians on the ground, even though the norm has been regulated in Perkap 8/2009 on the implementation of human rights principles and standards in police duties. The author believes this has something to do with the police education system which features excessive disciplinary actions that lead to violence, which ultimately shapes the attitude of officers who tend to be arrogant and inclined to use violence. There has even been a case where a cadet was ganged up on by his seniors at the Police Academy (the death of Muhammad Adam in 2017). An education system that still maintains a culture of violence compounded with a lack of accountability calls for prompt reform at police institution.
Judicial reform must start with KUHAP revision
These cases should provide an impetus to reform the police institution, to make it more accountable and equip the personnel with a human rights perspective when carrying out their duties and exercising their authority. Only when this is implemented can a more accountable and democratic criminal justice system be realized in Indonesia.
It must begin with the revision of KUHAP (Code of Criminal Procedure) which should encompass the following points:
Oversight mechanism over the work of investigators/police by AGO and the court (judicial scrutiny).
Mechanism for the protection and redress of crime victims.
Mechanism to determine the status of and treatment of justice collaborators.
More stringent evidentiary standards in court proceedings, especially for cases that carry the death penalty.
In line with a KUHAP reform agenda, revisions to sectoral laws regarding criminal justice system actors, especially police law, must also be carried out. The main target of the revision would be to review the need for oversight of the police institution in particular by an independent body and to evaluate the duties and authorities of the police in the context of the judiciary function, as well as other areas of public service.