The Police Chief's Problematic MEMO

National Police Chief Tito Karnavian could be accused of shackling the law if he does not withdraw the circular, or telegram, containing rules governing searches and confiscations on police installations. The document states that permission is required from the National Police chief or Provincial Police chief if the Corruption Eradication Commission (KPK), prosecutors or courts plan to summon officers, or search, confiscate items from or enter police installations in the center or in the provinces.

This telegram clearly contravenes existing legal procedure. For example, Articles 33 and 38 of the Criminal Procedures Code (KUHAP) state that searches and confiscations in relation to a crime do not require permission from the head of the district court. And if the need is urgent, investigators are even allowed to make the search or confiscation first, and then report to the local court.

December 27, 2016