THE USE OF IOLENCE IN

INDONESIAN POLICE
INVESTIGATION
Authors name:

Dr. Hamidah Abdurrachman

Fajar Ari Sudewo
Abstract ID: SSH-986
Introduction
Investigation is what Investigators do to collect existing evidences and find the suspect in uncovering a
case. In police organization, this investigation function lies with a unit called as Reserse Kriminal or
Crime Investigation unit. So far, people perceive negatively this Crime Investigation unit.
The causes of this negative perception include:

 First, from morality/ attitude perspective, some of INP investigators are deemed not too clean,
bribable, frequently misusing their power for extorting, and sometimes conspire with legal case
suspects. INP investigators are also viewed to still apply discrimination in investigating legal
cases.
 Second, from intellectuality/knowledge point of view, some INP investigators still lack sound
understanding of regulations of law concerning crimes, is weak in organizing crime scene
reconstruction, weak in uncovering cases in Forensic Laboratory and still lack the knowledge
needed to deal with various trans-national crimes (Drugs, Terrorism, Cyber Crime) and those
crimes against the state property (Illegal logging, Illegal Fishing, Illegal Mining).
 Third, from the expertise/skill perspective, some INP investigators are not too responsive to
follow-up people’s complaints, unskillful in searching for and arresting those involved in legal
cases, committing human rights violation in arresting, detaining, and examining witnesses and
suspects, failing to comply with administrative procedures (not bringing along arrest warrant) in
performing the arrest
Literature Review
In
 (criminal) law enforcement, the police is an institution with highly determinant position
in the process of a criminal case settlement. This is seen in the criminal adjudicative
process system, where the police is the first institution to deal with a criminal case. The
authority given to this institution gives the result to select or filter of the law violation. It
means that the police will identify whether those unlawful actions are actually crimes or
not.
Police behaviors which are frequently criticized are those which inviolve the use of

violence in performing their duties, such behaviors have been a culture, particularly in an
investigation to get the suspect admitting the accusation.
Results of several studies over the years, in Central Java where INP investigators are found

to have not reached the expected professionalism and the violence can still be found during
the investigation.
Police as a law enforcer is always demanded to complete the case which they are handling,

the results of which are then reported to the public as a form of their accountability to the
society. In other words, there are a lot of pressures to the police in performing their job, and
these pressures come from many directions. These pressures that drive police to frequently
lose their control, patience, and prudence in examining the suspect.
Methodology
This research uses several approaches, namely
Statute Approach, which is performed by
reviewing the laws regarding violence in
interrogation and Case Approach where a review
is made of violence cases committed by
policemen to someone suspected to have
committed a crime.
The analysis is made using theories and legal
principles to comprehend the cause factors, with
qualitative approach.
Results
There are several violence on using Presumption of guilty which actually police
should apply it in contrary.
The police disregard suspect’s right on the lawyer’s companion.
 The police works based on suspicions (suspicious thing), they should do some
efforts by collecting evidences, in order to make it clear (crime) and to find the
suspect. If the evidences are sufficient and the suspect have been found, then,
investigator has obtained a presumption of guilty suspect, so there should be
intimidation, coercion and terror or even fatal physical torture which may lead to the
suspect’s death
The most standard technique during interrogation process is intimidation, while
being beaten or kicked using either parts of body or tools such as stick, wood, bottle
and others. Victims are forced to admit all accusations, and if the response is not
exactly what the interrogators want, the violence is occurred.
Beside that, Investigator had been targeting to respond for a crime by inventorying
the crime itself. The success of this organization is when the Clearance rate or
Crime Clearance is achieved.
Conclusion
Now the investigation is still executed on conventional service thus the police
still face on human directly as the suspect. So in the future, the investigation
model should be executed using scientific investigation approach, where the
police processes all exhibits scientifically, and find the culprit later. This
scientific investigation model would evade any form of intimidation, threat, and
physical and psychological violence. The use of this scientific investigation
approach goes hand to hand with the progressive legal approach in investigation
to deal with stagnancy in the less scientific investigation methods.
The role of the Lawyer is still weak to play in accompanying a suspect as the
one of the ways to prevent any violences from occuring.
Monitoring from the Investigator's is still weak on the investigation which is
held whereas it can be supported by installing a surveillance tool such as CCTV
for monitoring. The consequence is the investigator who performs the violence
not be punished.