However, intervention by president in police affairs is limited."
Jakarta (ANTARA News) - Director of Community Synergy for Indonesian Democracy (Sigma) Said Salahudin said limited intervention by the President Joko Widodo (Jokowi) as the head of state in the case of Novel Baswedan is legally allowed.

"The intervention (by Jokowi) could be categorized as part of an order from the chief executive. However, intervention by president in police affairs is limited," Salahudin said here on Monday.

President Jokowi ordered police to free Novel from detention last Friday (May 1, 2015)

Novel was charged with maltreatment that caused the death of a criminal suspect in Bengkulu a decade earlier. He is a senior investigator of the Corruption Eradication Commission (KPK) and his arrest last week caused public outcry.

Many saw the arrest as an act of criminalization by police that could trigger new conflicts between the two law enforcement agencies.

Salahuddin said police have the duty to maintain security and to uphold the law, which constitutes the executive function for which the president is responsible.

Indonesia, however, is a constitutional state, therefore, intervention by the president has to be based on the law, he said.

"The limitation of the intervention by the president is set by the law. The president could not intervene in things clearly regulated in the law on police," he said.

However, if needed to settle national problems which are his responsibility, intervention by the president is allowed, he said.

He cited, the presidents intervention in the police case of Novel Baswedan is to maintain security and keep public order.

"The arrest of Novel Baswedan was potential to trigger new and worse conflict between KPK and police," he said.

The conflict between KPK and police dates back to KPK unearthing corruption to imprisonment of two police general under the previous government.

The conflict flared again when KPK named Comr. Gen. Budi Gunawan as corruption suspect resulting in cancellation of the candidacy of the three star police general for new police chief.

Budi Gunawan, however, sought a pre-trial motion that cancelled the KPK charge . Later he was even named deputy police chief.

Salahudin said as head of state and government, the president has the responsibility to maintain national security and order.

"Therefore, he has to make sure that all law enforcement agencies would work in harmony," he said.

President Jokowi has passed three orders to police - not to detain Novel and to carry out legal process transparently.

The last order was addressed to controversial deputy police chief Comr. Gen. Budi Gunawan not to issue statement that could trigger controversy.

Novel was already sent to Bengkulu by police to start the process of his case, but on order from the president his detention was postponed.

There are cons and pros in the intervention by the president. A number of politicians and law experts said the president should not interfere with legal process.

Observers said police dug up legal case against Novel as he is handling big corruption cases in KPK.
(Uu.H-ASG/F001)

Editor: Priyambodo RH
Copyright © ANTARA 2015