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Viewing cable 09JAKARTA312, Indonesian National Police Adopt Use of Force Policy

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Reference ID Created Released Classification Origin
09JAKARTA312 2009-02-23 10:51 2011-08-24 01:00 UNCLASSIFIED Embassy Jakarta
P 231051Z FEB 09
FM AMEMBASSY JAKARTA
TO SECSTATE WASHDC PRIORITY 1567
INFO ASSOCIATION OF SOUTHEAST ASIAN NATIONS COLL
AMEMBASSY CANBERRA 
AMEMBASSY WELLINGTON 
DEPT OF TREASURY WASHDC
USPACOM HONOLULU HI
FBI WASHINGTON DC
SECDEF WASHDC
NSC WASHDC
DEPT OF JUSTICE WASHDC
UNCLAS JAKARTA 000312 
 
 
DEPT FOR EAP, EAP/MTS, EB/TPP, EB/TPP/BTA, DRL, DRL/AWH 
S/CT, INL FOR BARCLAY, DOJ FOR DAAG SWARTZ, 
ICITAP FOR TREVILLIAN/BARR 
DRL FOR JKIM 
FBI FOR SETUI/SSA ROTH 
NCTC WASHDC 
NSC FOR EPHU 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD ECON SNAR KJUS ID PNUM
SUBJECT: Indonesian National Police Adopt Use of Force Policy 
 
Summary 
 
1. (U) After over a year of collaboration with the 
INL-funded DOJ ICITAP Program, the Indonesian 
National Police (INP) has adopted a Use of Force 
Policy commensurate with international human rights 
and policing standards.  Police Chief Danuri signed 
into decree the Use of Force Police Action Policy on 
January 15, which was approved by the Ministry of 
Law and Human Rights On January 30. The policy 
includes a Use of Force Resistance Control Form that 
must be completed whenever force is used or whenever 
a citizen or police officer is injured as a result 
of the use of force. This is a major step forward in 
the implementation of modern law enforcement policy 
in addressing the professional conduct and 
accountability of the INP. 
 
End Summary 
 
 
Why a Use of Force Policy is Important 
 
1. (U) Modern democratic law enforcement 
organizations have Use of Force policies that 
provide guidelines on proportionate levels of 
force to be used by a police officer based on 
the specific threat level presented. Without a 
UOF policy that meets or exceeds international 
standards it is difficult to hold an officer or 
an organization accountable for use of force 
actions taken by a police officer in the course 
of his/her duties. The development of specific 
written policies such as the UOF ensures deeper 
and more institutional commitment to human 
rights than is provided by the outside delivery 
of human rights training alone. 
 
2. (U) The INP and ICITAP formed a UOF Working 
Group in late 2007 to discuss the feasibility 
and structure of a UOF policy that would meet 
international standards and be culturally 
appropriate for the INP organization. The 
sessions were numerous and often contentious as 
the draft went through multiple levels of review. 
The draft policy and revisions were discussed 
throughout INP commands to include the 
provincial police chiefs, Legal Division, 
Inspector General, and PROPAM (Internal 
Affairs).  Accompanying the policy is a Use of 
Force Resistance Control Reporting Form, a 
required document to be completed anytime an INP 
unit or officer uses a level of force defined by 
policy resulting in injury or death to either a 
citizen or an officer. 
 
3. (U) No other ASEAN law enforcement organization 
has developed or implemented a Use of Force 
Policy and Resistance Control Reporting Form 
this comprehensive. Indonesia is again showing 
regional leadership on an important human rights 
policy. 
 
III. Policy Highlights 
 
1. (U)The INP UOF Policy has seventeen (17) 
articles.  The articles define the purpose of 
the policy, use of force, levels, guidelines as 
to when the organization and an officer can use 
force on a citizen to mitigate an imminent 
threat, and the legal foundation for application 
of proportional response as dictated by the 
situation presented the INP or individual 
officer. 
 
2. (U)The policy defines six (6) levels of police 
action that can be applied by the INP. Physical 
presence and deterrence, verbal commands, soft 
and hard 'empty' hand techniques, chemical 
weapons such as pepper spray or tear gas, impact 
weapons, and firearms or other implements that 
can cause serious physical injury or death. 
ICITAP worked closely with the INP to severely 
restrict the use of firearms including warning 
shots and firing at or from a moving vehicle. 
 
3. (U) The policy requires mandatory training, 
legal protection of officers under investigation 
for use of force, and the right for an officer 
to refuse to obey an order of a senior officer 
if the senior officer's order does not comply 
with the policy or prevailing laws.  Prior to 
this policy, a subordinate did not have the 
express authority to question or disobey an 
order by a senior officer under any 
circumstances and were subject to discipline. 
 
4. (U)Unique to this policy is Monitoring and 
Control Chapter 5 that requires the INP to 
complete the Use of Force Resistance Control 
Form anytime an officer uses hard empty hand 
techniques, chemical or impact weapons, or a 
firearm. Few countries outside the west require 
the documentation specified in the INP UOF 
Policy. The INP will use the data for conducting 
internal investigations, policy revision and 
assessment, and determination of future training 
needs. 
 
5. (U) The INP and ICITAP will begin agency-wide 
training on the UOF Policy within the next 
quarter using previously developed instructor 
manuals and scenario-based materials. 
Instructors will be identified for training 
throughout Indonesia and full socialization may 
take up to six (6) months. 
 
IV. Conclusion 
 
1. (U)The development and adoption of a modern UOF 
policy that meets international human rights and 
policing standards has elevated the status of 
the INP accountability and professionalism. The 
development of this policy was a difficult self- 
examination for the INP, but all understood this 
policy was requisite to prove it's commitment to 
the public as well as it's commitment to the 
professionalism of the INP. 
 
2. For developed and modern law enforcement 
organizations the implementation of an 
actionable Use of Force Policy is crucial to 
protect the public and the organization from 
excessive use of force by the police. The INP 
has again made a mature organizational decision 
and commitment to the people of Indonesia by 
adopting this policy. By adopting this policy 
the INP has also established a performance and 
accountability standard as an organization on 
which they can be judged. 
 
HUME