https://edunity.publikasikupublisher.com
337
Edunity
Volume 3 Number June 2024
p- ISSN 2963-3648- e-ISSN 2964-8653
LEGAL DELIBERATION AND POLICE REFORM TO INCREASE
TRANSPARENCY AND ACCOUNTABILITY IN LAW
ENFORCEMENT
Dwi Asmoro
1
, Riswadi
2
Universitas Borobudur, indonesia
Email: dwias1996@gmail.com
1
, riswadi@borobudur.ac.id
2
ABSTRACT
The research method used is normative juridical research that will be used to analyze the concepts
of legal deliberation and police reform from a legal perspective that involves an in-depth
understanding of the legal framework governing law enforcement and the role of the police, as
well as an assessment of the extent to which the principles of legal deliberation can be
implemented in the legal context. Legal deliberation focused on police reform is an important step
in increasing transparency and accountability in law enforcement. By encouraging inclusive
dialogue and active participation of various stakeholders, including civil society and watchdog
institutions, this deliberative process can strengthen the integrity and effectiveness of the police
institution. Through policy review, training, and rigorous oversight, police reform can result in a
more transparent, accountable, and community service-oriented system, which in turn will
increase public trust and fairness in law enforcement.
Keywords: Legal deliberation; transparency; accountability; law enforcement
Introduction
The Indonesian Police is part of the administration of the government as a state
institution that carries out its main duties as a party that provides protection, guidance,
and service to the community and also as a law enforcement institution that must
provide accountability for every attitude, behavior, and policy of the public in carrying
out its main duties, functions, roles, and authority given to them (Ismail, 2012). The
police, as a government institution that is given authority by law in the context of law
enforcement, protection, guidance, and service to the community as well as maintaining
security and public order are required to always prioritize the principles of transparency
and accountability in the implementation of their duties to provide safeguards so that
authority has mandate can be implemented professionally and responsibly (Bachtiar,
1994). The development of the community regarding the demands and expectations of
Police services is increasing along with increasing awareness of the law and the
community's rights as citizens so that the Police are required to carry out self-
improvement in improving their services to the community (Djamin, 2011). The attitude
and service of the Police so far tend to show acts of arrogance, and overbearing power,
making things complicated, which has given rise to the impression that the performance
of the Police is still far from professionalism in their duties so there needs to be an effort
to improve so that the bad image of Police services can be immediately repaired
(Philippe Nonet & Selznick, 2018).
Vol. 3, No. 6 June 2024
338
Dwi Asmoro
1
, Riswadi
2
Many such cases have resulted in the public starting to doubt the role played by
the Police so far. It cannot be denied that although there are cases that raise concerns,
there are also many positive achievements and efforts that have been made by the police.
It shows that there are still many police officers who have good integrity and competence
(Purnama, 2018). However, these virtues and achievements are often overlooked when
cases of violence arise, which affect the image of the National Police and reduce public
confidence in the work methods used by this institution (Rahardjo & Hukum, 2010). The
essence of public doubts about the National Police lies in its unprofessionalism, lack of
transparency, and lack of accountability in carrying out its duties, especially in enforcing
criminal law. Therefore, clear and constructive thinking is needed to overcome these
problems.
Problems that often arise in police operations are abuse of power, discrimination,
and lack of accountability, which often hinder transparency and accountability in law
enforcement (Santoso, 2014). Abuse of power is a detrimental problem in the police
where some individuals use their authority for personal gain or to violate individual
rights which undermines public trust in the police and creates inequality in the legal
system. Discrimination in law enforcement can occur in various forms that violate the
principles of justice and damage the image of the police as a fair and neutral institution.
Lack of accountability is also a significant problem in policing (Wahyurudhanto, 2018).
Without a robust system to monitor and check officers' actions, there is a risk that abuse
of power or discrimination may occur without appropriate consequences. When there is
no effective accountability, transparency in police actions becomes difficult to maintain,
because there are no clear mechanisms to ensure that such actions are conducted with
integrity and fairness (Habermas, 2009).
The impact of this issue on police reform underscores the importance of legal
deliberation. It ensures that decisions are not made based solely on narrow interests or
political agendas, but rather consider diverse viewpoints and receive broad support
from the community (Fransisco Budi Hardiman, 2012). Legal deliberation is equally
relevant to law enforcement and police reform. Unfortunately, some challenges often
hinder the implementation of this concept in the context of police reform. Therefore,
further research is needed to better understand how to effectively implement legal
deliberation in police reform to increase transparency and accountability in law
enforcement performance.
Research Method
The research method used is normative juridical research that will be used to
analyze the concepts of legal deliberation and police reform from a legal perspective
which involves an in-depth understanding of the legal framework governing law
enforcement and the role of the police, as well as an assessment of the extent to which
the principles of legal deliberation can be implemented in a legal context. The data
collection methods used are document study and observation. Document studies will
involve analysis of legal literature, legislation, court decisions, and other documents
relevant to understanding the concept of legal deliberation and challenges in police
reform. Meanwhile, observations can be made to observe law enforcement practices and
interactions between the police and the community directly. The collected data will then
be analyzed using deductive logic, where general theories will be applied to specific data
to draw more specific conclusions.
Legal Deliberation And Police Reform To Increase
Transparency And Accountability In Law Enforcement
Vol. 3, No. 6 June 2024
https://edunity.publikasikupublisher.com
339
Result And Discussion
The Urgency of Increasing Police Transparency and Accountability in Law
Enforcement
The police are currently facing various challenges in law enforcement amidst ever-
developing social, political, and technological dynamics. One of the main challenges is
the increasing complexity of crime including transnational crime, cybercrime, terrorism,
and other crimes that continue to grow. The police are also faced with demands to
improve their response to increasingly diverse and complex security threats. Apart from
that, the police also face challenges in maintaining their credibility and integrity in the
eyes of the public (Hasibuan & SH, 2023). Abuse of power, discrimination, and unlawful
actions by some members of the police have tarnished the image of the institution. The
lack of transparency and accountability in police actions is also a serious concern,
reinforcing the perception that some police officers act outside the bounds of the law or
receive preferential treatment. Lack of resources in terms of personnel, equipment, or
budget also poses a significant challenge for the police, limiting their ability to provide
effective services to the community, conduct investigations, or implement crime
prevention programs.
Police transparency and accountability play an important role in building and
maintaining public trust in police institutions. Public trust is a vital foundation for the
legitimacy and effectiveness of law enforcement. When the police are perceived as
transparent and accountable, the public tends to believe that the police act according to
the principles of justice, integrity, and professionalism. Transparency refers to the
openness of the police force in communicating their decisions, policies, and actions to
the public which involves providing clear and easily accessible information about police
operations, including justification for actions taken. Additionally, accountability refers
to the ability of the police to take responsibility for their actions and accept appropriate
sanctions or corrections if they violate established standards or procedures. When the
police are willing to be accountable for their actions to the community, this creates a
sense of confidence that the police are responsible for the welfare and security of the
community. However, loss of trust can have a serious impact on the effectiveness of law
enforcement. Citizens who doubt the integrity or fairness of the police are likely to
become skeptical of law enforcement efforts, which can result in noncompliance with
the law, lack of cooperation with the police, or even social protests (Hamzah, 2010).
Transparency and accountability play a key role in preventing abuse of power by
police officers. However, in reality, there is still a lack of transparency in the
investigation process and handling of internal cases by the police themselves. When
there are allegations of abuse of power or ethical violations by members of the police, a
lack of transparency in the internal investigation and trial process can create the
impression that the police institution is trying to cover up wrongdoing or protect its
members, rather than seeking justice. In addition, a lack of accountability can also
increase the risk of abuse of power in law enforcement. When there is no effective system
to monitor and evaluate the actions of police officers, police officers may feel that they
can act without consequence or accountability. This can encourage reckless or
authoritarian behavior, which ultimately harms the relationship between the police and
the community and the integrity of the police institution itself. The risk of abuse of power
in law enforcement by police officers also includes abuse of authority in arrests, unfair
Vol. 3, No. 6 June 2024
340
Dwi Asmoro
1
, Riswadi
2
investigations, or the use of disproportionate force. Especially when there are
deficiencies in external oversight, such as independent law enforcement agencies or
effective public complaint mechanisms, the risk of abuse of power increases.
Currently, there is still factual evidence that shows a lack of transparency and
accountability in law enforcement by the police in many countries. One of the main
indicators is reports of abuse of power by police officers, including cases of violence
committed by police officers against innocent civilians. Apart from that, there are also
allegations of discrimination and unfair treatment against certain groups in the law
enforcement process, which shows inequality in treatment before the law.
The lack of transparency is also reflected in the limited information available to the
public regarding police actions and law enforcement processes. Sometimes, the
information is covered up or filtered by the authorities, making it difficult for the public
to assess the fairness and effectiveness of police actions. Apart from that, the lack of
accountability can also be seen in the lack of disciplinary action or punishment against
police officers who violate the code of ethics or abuse their power, which indicates that
the accountability process is not running well.
Therefore, a significant increase in police transparency and accountability in law
enforcement is needed. It is not only necessary to ensure that the police act fairly and by
legal principles, but also to build public trust in police institutions and effectively
maintain security and public order.
Obstacles that Influence the Level of Transparency and Accountability in the
Implementation of Law Enforcement by the Police
In efforts related to the urgency of increasing transparency and accountability in
law enforcement carried out by the police, various obstacles need to be faced, including:
1. Internal barriers
a) Culture within the police institution
The closed culture within police institutions creates an environment where
information is closely guarded and criticism of police actions is often not
welcomed. It hampers efforts to increase transparency because police officers tend
to be reluctant to share relevant information with the public or other external
parties. The inability to accept criticism is also an obstacle, as it makes it difficult
to carry out open evaluations of police performance and correct identified
weaknesses.
b) Lack of resources
A lack of resources, whether in terms of personnel, equipment, or budget, is a
significant obstacle to efforts to increase transparency and accountability in police
law enforcement. There are obstacles in conducting adequate internal
investigations into alleged violations because limited human resources can hinder
the process of monitoring and enforcing discipline effectively. Likewise, with a
lack of equipment and budget, police may not have access or limited access to the
technology and information systems needed to monitor and track officer actions
and provide transparent reports to the public.
c) Limitations of technology and infrastructure
Limitations in infrastructure and information technology are significant
obstacles that can hinder efforts to increase police transparency and accountability
in law enforcement. These conditions often include limitations in the accessibility
or quality of data reporting systems, which directly affect the police's ability to
effectively monitor and track the performance of its officers. For example, the
Legal Deliberation And Police Reform To Increase
Transparency And Accountability In Law Enforcement
Vol. 3, No. 6 June 2024
https://edunity.publikasikupublisher.com
341
inability to access or use adequate reporting systems can hinder the police's ability
to record and report relevant data about their actions, thereby reducing
transparency in police operations and limiting the ability to effectively evaluate
performance and improve processes.
d) Internal resistance and corporate culture
Internal resistance and corporate culture within police institutions are
significant obstacles in efforts to increase transparency and accountability. Internal
resistance often arises due to discomfort or dislike of change, whether in work
procedures, policies, or organizational culture. Additionally, a strong corporate
culture prioritizes protection of oneself and fellow officers over accountability to
the community. This can result in the withholding of information, refusal to admit
wrongdoing, and refusal to undergo necessary accountability processes.
2. External obstacles
a) Political intervention
Political intervention is one factor that can significantly influence the law
enforcement process and hinder police accountability. Political pressure from
certain parties can often force the police to act on political interests or ignore
applicable legal procedures. This can result in the closure of politically sensitive
cases or suppression of law enforcement against certain groups that do not align
with the dominant political agenda. Political intervention can also affect the
independence of the police, reducing their ability to act professionally and
according to the law, which in turn can reduce the level of accountability and
public trust in law enforcement institutions.
b) Lack of supervision
The lack of supervision from independent institutions is a significant obstacle
to increasing the level of transparency and accountability in law enforcement
carried out by the police. Without effective oversight, the police may have room to
commit abuses and abuse of power without fear of appropriate consequences.
Limitations in external oversight can also result in conflicts of interest or political
interference that disrupt neutral and objective decision-making processes. As a
result, public trust in the integrity and fairness of the law enforcement system can
be eroded, and this can hamper efforts to build a more transparent and accountable
environment in law enforcement.
c) Community attitudes
Public attitudes that tend to be apathetic, distrustful, and lack of participation
can be a serious obstacle to reform efforts, especially in the context of increasing
police transparency and accountability in law enforcement. Distrust of police
institutions or the legal system, in general, can result in low levels of trust in
community participation in reform processes aimed at increasing transparency
and accountability. Apathy can make people indifferent to proposed changes or
even feel that their participation will not make a significant difference. A lack of
active participation from the public can also reduce the necessary pressure on the
government or police to make necessary changes.
Implementation of the Concept of Legal Deliberation in Police Reform to Increase
Transparency and Accountability in Law Enforcement
Vol. 3, No. 6 June 2024
342
Dwi Asmoro
1
, Riswadi
2
Legal deliberation is an approach that prioritizes an open and inclusive discussion
process in making legal decisions. In the urgent need for police reform, legal deliberation
is a crucial concept because this concept can provide a framework for involving various
parties including the community, academics, and the authorities in the process of
making police policies and law enforcement. The principle of inclusivity in legal
deliberation ensures that various voices and perspectives are heard and considered in
the decision-making process, thereby ensuring that the resulting policies reflect the
needs and values of society at large.
Apart from inclusiveness, the principle of cooperation is also an important basis
for the concept of legal deliberation. Collaboration between various stakeholders helps
build consensus on solutions that are mutually acceptable and can be implemented
effectively. In the context of police reform, cooperation between the police, government,
and civil society is needed to identify existing problems, design appropriate policies, and
ensure their effective implementation. The principle of collaborative problem-solving
emphasizes the importance of collaboration in finding solutions to complex challenges.
In the context of police reform, joint problem-solving invites all parties involved to work
together to overcome existing problems, such as abuse of power, discrimination, or lack
of accountability. Through open and ongoing discussions, stakeholders can achieve a
better understanding of the root causes and design comprehensive strategies to address
them.
The application of the concept of legal deliberation in police reform requires active
involvement from various parties to reach more inclusive and sustainable decisions. The
application of this concept is needed to ensure that there is a mechanism that allows
community participation in the decision-making process regarding police policies and
law enforcement practices, which can be done through the establishment of public
deliberation forums, open dialogue between police from the community, or independent
monitoring institutions that represent various interests. Creation of a collaborative
culture among all stakeholders including the police, government, LSDM, and other civil
society which involves recognizing that the success of police reform depends on the
contribution and support of all relevant parties. In this context, the police need to open
themselves to input and criticism from civil society and recognize the importance of
accountability and transparency in carrying out their duties.
So it can be concluded that the forms and methods of legal deliberation that can be
used to involve various parties and reach a consensus in the decision-making process
include:
a) Dialogue forum
Dialogue forums are where civil society, the police, and legal experts can discuss
various issues related to law enforcement. This forum provides an opportunity for
various parties to listen to each other, understand each other's perspectives, and find
joint solutions to increase transparency and accountability in law enforcement.
b) Deliberation to reach consensus
Consensus deliberation can also be used to reach a consensus in resolving certain
controversial or complex cases. By involving various parties involved, including civil
society and the police, consensus deliberation can help create solutions that are
acceptable to all parties, thus supporting efforts to increase the trust and legitimacy
of police institutions.
c) Polls
Legal Deliberation And Police Reform To Increase
Transparency And Accountability In Law Enforcement
Vol. 3, No. 6 June 2024
https://edunity.publikasikupublisher.com
343
Opinion polls are also a useful tool for gauging public opinion on various police-
related issues. By conducting regular opinion polls, the government and police can
understand the community's needs and expectations for law enforcement, and
identify areas that require special attention in the police reform process.
d) Truth and Reconciliation Commission
A Truth and Reconciliation Commission can be used as a mechanism to resolve
past violations and build peace in society. Through an open and transparent process,
this commission can help communities overcome their dark past and begin a process
of reconciliation that is essential to building a strong foundation for fair and
democratic law enforcement.
Conclusion
In the police reform process, the implementation of the concept of legal
deliberation plays an important role in increasing transparency and accountability in
law enforcement. Through various forms and methods such as dialogue forums,
consensus deliberation, opinion polls, and Truth and Reconciliation Commissions,
various parties, including civil society, the police, and legal experts, can be involved in
an inclusive and sustainable decision-making process. This approach allows for broader
and deeper consensus and promotes a better understanding of the complex issues faced
in law enforcement.
Thus, through the application of the concept of legal deliberation, it is hoped that
a law enforcement system that is more transparent, accountable, and responsive to
community needs will be realized. Actively involving the community in the police
reform process, is expected to create better relations between the police and the
community, as well as increase trust and legitimacy in the police institution. Apart from
that, this concept can also be the basis for building a law enforcement system that is
fairer, more just, and based on democratic principles and human rights.
Bibliography
A. E. Martha, Fungsi Kepolisian dalam Pelayanan Publik. Jakarta: Aswaja Pressindo,
2015.
Bachtiar, Harsja W. (1994). Ilmu kepolisian: suatu cabang ilmu pengetahuan yang baru.
B. Simanjuntak, Masterplan Teknologi Informasi POLRI. Jakarta: Gemilang Press, 2014.
Djamin, Awaloedin. (2011). Sistem administrasi kepolisian: Kepolisian negara republik
indonesia.
Habermas, Jurgen. (2009). Teori Tindakan Komunikatif. Rasio Dan Rasionalisasi
Masyarakat, Nurhadi (Penerjemah), Buku Ke-1, Cetakan Ke-3., Kreasi Wacana,
Bantul.
Hamzah, Andi. (2010). Hukum acara pidana Indonesia.
Hardiman, F Budi. (2009). Demokrasi Deliberatif: Menimbang Negara Hukum dan
Ruang Publik dalam Teori Diskursus Habermas. Yogyakarta: Kanisius.
Hardiman, Fransisco Budi. (2012). Menuju masyarakat komunikatif.
Hasibuan, Edi Saputra, & SH, M. H. (2023). Wajah polisi presisi: melahirkan banyak
inovasi dan prestasi. PT. RajaGrafindo Persada-Rajawali Pers.
Ismail, Chairuddin. (2012). Tantangan Polri dalam pemeliharaan Kamtibmas pada
masyarakat Demokrasi. Jurnal Srigunting, Jakarta.
M. I. Helmi, “Sosialisasi Program Polri Menuju Grand Strategy 2020,” Jakarta, 2014.
Vol. 3, No. 6 June 2024
344
Dwi Asmoro
1
, Riswadi
2
Moeljatno, Asas-Asas Hukum Pidana (Edisi Revisi). . Jakarta: Rineka Cipta, 2015.
Philippe Nonet, P. S., & Selznick, P. (2018). Hukum Responsif (v). Bandung: Nusa Media.
Purnama, I. Ketut Adi. (2018). Hukum kepolisian: sejarah dan peran POLRI dalam
penegakan hukum serta perlindungan HAM. PT Refika Aditama.
Rahardjo, Satjipto, & Hukum, S. (2010). Perkembangan Metode Dan Pilihan Masalah,
Yogyakarta. Genta Publishing.
Santoso, M. Agus. (2014). Hukum, Moral & Keadilan Sebuah Kajian Filsafat Hukum.
Jakarta: Kencana.
S. Bahri, “Tinjauan Yuridis terhadap Pengaduan dan Pelaporan Tindak Pidana melalui
Aplikasi Polisikita,” Bachelor Thesis, Universitas Sumatera Utara, Medan, 2018.
Wahyurudhanto, A. (2018). Kepuasan Masyarakat terhadap Kinerja Polri. Jurnal Ilmu
Kepolisian, 12(3), 18.
licensed under a
Creative Commons Attribution-ShareAlike 4.0 International License