Police Accountability in Handling Anarchic Demonstrations in the Jurisdiction of the East Kalimantan Regional Police Based on the Chief of Police Regulation Number 1 of 2009

Abstract

This study examines the accountability of police officers in handling anarchic demonstrations within the jurisdiction of the East Kalimantan Regional Police, with reference to the Regulation of the Chief of the Indonesian National Police (Perkap) Number 1 of 2009 on the Use of Force in Police Actions. The study is grounded in the persistent reality that human rights violations continue to occur as a result of the excessive use of force by law enforcement officers during the management of public demonstrations, a practice fundamentally at odds with the principles of legality, proportionality, and necessity. Employing a normative legal research method with a statutory and conceptual approach, this study analyzes the criminal law principles and police law doctrines that govern the criminal liability of state officials. The findings reveal that, although Perkap Number 1 of 2009 provides sufficiently detailed operational guidelines, the practical implementation of the principles of proportionality and necessity remains ineffective, particularly in circumstances where demonstrations escalate into anarchic conduct. Furthermore, the criminal accountability mechanism applicable to police officers who violate existing regulations continues to confront significant structural and cultural obstacles, including institutional solidarity, evidentiary difficulties, and insufficient political will to enforce the principle of equality before the law. Accordingly, this study recommends strengthening regulatory frameworks, enhancing systematic officer training, and establishing independent and accountable oversight mechanisms to guarantee the protection of citizens' constitutional rights.