ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM

ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM
ROYAL THAI POLICE COLLEGE




ROLE OF NCB INTERPOL- INDONESIA
    IN COMBATING TERRORISM

                      by:
        Albert Barita Sihombing / 144
       Command Course Advance 38th




           BANGKOK,         APRIL 2014
ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM
ABSTRACT
                                       ;
   “If information like a light, sharing information is the brightness of light”
                                                            (Albert Sihombing)

      Operationally, the front guard of law enforcement counter-terrorism
is carried out by the Special Detachment 88 Anti-Terrorism Indonesia
National Police assisted by other related elements. In terms of foreign
affairs, Detachment 88 is supported by the NCB-Interpol Indonesia which is
defined as the main gateway to deal with foreign relations and cooperation
between police to police and international organizations in the context of
trans-national crime prevention.

       The main role of NCB Interpol-Indonesia in combating trans-national
crime (especially terrorism) is providing assistance in facilitating,
investigating and coordinating cooperation between police to police and
international organizations.

      This working paper is presented in the form of administrative writing
containing information about the implementation of job descriptions base on
my experience in NCB Interpol, especially as a Head Certain Economic
Subsection Department of International Crime in charge of matters related
with terrorism.

      As a tool to analyze and find the logical thinking, SWOT and Rational
Planning Theory are presented as references in order to obtain the academic
significance that can be accounted for as an objective and measurable
scientific paper.

      Hopefully this paper can be utilized as a means of communication that
are both informative and corrective purposes, particularly the effectiveness
of the objective achievement. Finally, if information like a light, sharing
information is the brightness of light, then, to enhance sharing information,
posting INP personnel in Interpol and UNO headquarter is strongly
recommended after deepen this paper work.
                                                      Albert Barita Sihombing
ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM
CONTENTS
ABSTACT                                                                                               i

CHAPTER I: INTRODUCTION …………………………………………………………………..                                                  1

CHAPTER II: SIGNIFICANCE OF THIS TOPIC, MANAGEMENT, AND TERMINOLOGY…                                 2
1. The Significant of Paper …………………………………………………………………………                                             2
2. The Management of Writing ………………………………………………………………………                                             2
3. Terminology ……………………………………………………………………………………….                                                    3

CHAPTER III: ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM….. 5
4. Legal Basis in Combating Terrorism ………………………………………………………….. 5
5. Task of NCB-Interpol Indonesia in Handling Terrorism …………………………………….. 7
6. Profile of NCB Interpol Indonesia ……………………………………………………………... 7
7. Organization Structure …………………………………………………………………………. 13
8. Job Description of Head of Sub-section of Certain Economic Crime …………………………….
                                                                              15
9. Problems in Implementing the Task/Duty …………………………………………………..               19

CHAPTER IV: THEORY SWOT AND THE RATIONAL PLANNING MODEL ……………….. 20
10. Theory SWOT …………………………………………………………………………………… 20
11. The Rational Planning Model ………………………………………………………………….. 22

CHAPTER V: CONCLUSION……………………………………………………………………….. 25
12. Solution …………………………………………………………………………………………… 25
13. Recommendation ……………………………………………………………………………….. 26


APPENDIX ………………………………….............................................................................. 27

1. Law Foundation in Combating Terrorism …………………………………………………….. 27
    a. International Law …………………………………………………………………………… 27
    b. National Law ………………………………………………………………………………… 27
2. Guidance Books as an Attitude Reference …………………………………………………… 28
3. List of Tables as Guidance in Conducting Cooperation ……………………………………. 29
    a. Table 1: List of Countries that had Bilateral Agreement with INP …………………….. 29
    b. Table 2: List of Countries that had Extradition Agreement with INP …………………. 29
    c. Table 3: List of Countries that had Agreement in Mutual Legal Assistance ………… 30
4. Case Example in Handing Over (Pratheepan Thavarajah) ………………………………... 30
5. Reference ……………………………………………………………………………………….. 32
                                                    33
6. Curriculum Vitae ……………………………………………………………………………………….
CHAPTER 1
                                    INTRODUCTION
     Terror action in 2000-2014 happened in Indonesia due to the interpretation of
religion that still exists until now. The mentioned interpretation has motivated some
people in Indonesia to commit terror in the name of God, as a reflection of faith and
form of solidarity to defend Muslims around the world.

     The trigger of terror actions are strongly related with terror chain which initially took
place at the global level that shifted to a regional one. The war history of Palestinian-
Israeli, the development of Middle East conflict and the dominance of western world
power maps often conflict with the Islamic world issues that strengthen Muslim
Brotherhood to join together in fight against America and its allies. While regional
influence occurs in the form of open access to make contact and cooperation based on
the spirit of the Muslim Brotherhood.

     Contact and cooperation between JI (Jemaah Islamiyah) and al-Qaeda, for
example, occurred at the time of Afghanistan conflict in the form of sending JI
volunteers to Afghanistan to fight against the Soviet Union. On the other hand, Al-
Qaeda trained the volunteers to make bombs and sent funds to the volunteers when
they returned to Indonesia to get involved in terror action with the targets: U.S. interests,
the West and Christian symbols.

     There are international connections, terrorist networking and the agenda of
international terrorist group that influence terror action in Indonesia. If it is not supported
by the international cooperation, the involvement of the terrorist international group
actors would not be revealed. Thus, to handle terrorism as extraordinary crime, sharing
information is needed as part of investigation to reveal terrorist networking more
comprehensively.

     The purpose of this paper is to analyze the roles and the problems of NCB
Interpol-Indonesia in combating terrorism case especially in the perspective of the
Writer in conducting duty as an investigator, facilitator, and coordinator of the “project of
sharing information”.
                                                                                   Page 1 of 33
CHAPTER 2
SIGNIFICANCE OF THIS TOPIC, MANAGEMENT, AND TERMINOLOGY


1.   The significances of this paper are:

     a.   informing and explaining the job description, role and task of NCB Interpol-
          Indonesia in combating terrorism especially in sharing information between
          Police to Police and International Organization about the international activities
          of terrorist suspect;

     b.   acquiring mastery of relevant theories in explaining more actual topic;

     c.   achieving deeper understanding about the topic more comprehensively, clearly,
          and sharply;

     d.   enhancing the ability of making significant recommendations.


2.   The management of writing consists of five chapters as follows:

     a.   Chapter I: Introduction
              The first chapter is defining situation to introduce the topic and the
          purpose of writing.

     b.   Chapter II: Significance of this Topic and Management
              The second chapter is the goals of writing to explain the significance of
          the topic in the form of an administrative writing based on job description and
          the experience of the Writer in conducting task and duty as a staff of NCB
          Interpol-Indonesia.

     c.   Chapter III: Role of NCB Interpol-Indonesia in Combating Terrorism
              The third chapter is searching for alternatives to achieve the goals of
          writing by getting relevant information related to the legal basic and task of
          NCB Interpol-Indonesia in combating terrorism. Then to get comprehensive
          understanding, the profile of NCB Interpol-Indonesia would provided with the
          structure of organization as well as role of International crime department at
                                                                                 Page 2 of 33
NCB-Interpol Indonesia, job descriptions of Certain Economic Crime Section
             (that handles terrorist case) and the problem that may occur while conducting
             task and duty.

       d.    Chapter IV: SWOT Analysis and Rational Planning Model
                    The fourth chapter is choosing the best alternatives to achieve the
             specific goals of this writing related to the performance of conducting job
             description and the procedure of making decision by getting relevant
             information about SWOT analysis and Rational Planning Model. In this chapter,
             the Writer would give some personal implemented experiences to deepen the
             understanding about the topic.

       e.    Chapter V: Conclusion.
                    The fifth chapter is the conclusion. In this chapter the Writer would provide
             some logical suggestions based on analytical thinking about the discussed
             topics. Hoping those produced suggestions would be useful for enhancing the
             contribution of NCB Interpol-Indonesia in combating terrorism case.

       f.    Appendix.
                    Enriching the content, any related Law and documentation are provided as
             an integral part of this paper work, so that readers can evaluate and use them
             as references in knowing the performance of job description of Certain
             Economic Crime Section, at International Crime Department of NCB Interpol-
             Indonesia in combating terrorism. Then, as a complementary, case example of
             handing over, book’s reference and curriculum vitae of Writer would be added
             as useful information as well.


3.     Terminology
       1.    Terrorist1



1
  Wikipedia, the free encyclopedia, definitions of terrorism. See: Sihombing, Albert Barita, 2013. The Radicalization of Terrorist
(A Criminological Study on The Motives of Terrorism in Indonesia), Thesis Foreign Affairs Police. Central Police University ROC
Taiwan. Page 2.
                                                                                                                  Page 3 of 33
In 2004, United Nations Security Council Resolution 1566 condemned
                terrorist acts as: “criminal acts, including against civilians, committed with the
                intent to cause death or serious bodily injury, or taking of hostages, with the
                purpose to provoke a state of terror in the general public or in a group of
                persons or particular persons, intimidate a population or compel a government
                or an international organization to do or to abstain from doing any act, which
                constitute offences within the scope of and as defined in the international
                conventions and protocols relating to terrorism, are under no circumstances
                justifiable by considerations of a political, philosophical, ideological, racial,
                ethnic, religious or other similar nature."
                     Regarding to Article 6 No. 15/2003 of Indonesian Law on Anti Terrorism
                Crime, Terrorism is defined as intentional act using violence or threats of
                violence that leads to an atmosphere of terror or a widespread fears or
                causing mass casualties, by robbing the independence or eliminating life and
                property of others or causing damage to and destruction of vital strategic
                objects or environment or public facilities or international facilities.

          2.    Terrorism2
                     In a psychological perspective, terrorism is a purposeful human activity. In
                a strictly political context, terrorism has become an emotive expression, a
                pejorative label designed to produce a particular impact upon the person to
                whom it is addressed and a certain impression about the person with
                reference to whom it is used. Terrorism is a bad word and when conduct is
                characterized in this way it is intended to reflect adversely, in the socio-political
                scheme of things, upon the actor. Terrorism has come to mean something bad
                that is done to people by other people, whether by individual acting alone or in
                concert, or by governments.

          3.    Clandestine Groups3
                     A clandestine group, also known as a secret society, is a network of
                individuals operating in secrecy in order to maintain the integrity of the group
                and to conceal their plans, activities, and missions from those who are not part
                of the group.



2Cooper, H.H.A. “What Is A Terrorist: A Psychological Perspective” Legal Medical Quarterly. 1977. Vol. 1 No. 1. See:
Sihombing, Albert Barita, 2013. The Radicalization of Terrorist (A Criminological Study on The Motives of Terrorism in Indonesia),
Thesis Foreign Affairs Police. Central Police University ROC Taiwan. Page 16.
3   Erickson, Bonnie H. “Secret Societies and Social Structure.” Social Forces. 1981. vol. 60, 1, p 189.
                                                                                                                  Page 4 of 33
CHAPTER 3
  ROLE OF NCB INTERPOL-INDONESIA IN COMBATING TERRORISM


4.    Legal Basis in Combating Terrorism
             The handling of terrorism cases in Indonesia is a series of action in the
      achievements of the objectives that is conducted by the following basis:

      1.     The Philosophical Foundation
                   Philosophical foundation in handling terrorism is Pancasila (Five
             Principles), as the official philosophical foundation of the Indonesian state. In
             term of philosophical, Indonesia has independent people based on (1) Belief
             in the divinity of God, (2) Just and civilized humanity, (3) The unity of
             Indonesia, (4) Democracy guided by the inner wisdom in the unanimity arising
             out of deliberations amongst representatives, (5) Social justice for all of the
             people of Indonesia. Then any conflicting to basic state is considered against
             the ideals of the nation.

      2.     The Law Foundation
                    Legally, the conception of counter-terrorism is equal distance concept
             that is the eradication of terrorism that aims at:
             1)    protecting the sovereignty of the unitary State of the Republic Indonesia;
             2)    protecting human right of the citizens of Republic Indonesia, both
                   domestic and inhabitant who live in abroad;
             3)    also protecting human right of the suspect of terror criminal offense as
                   the universal human right that should not be ignored.4

      3.     The Sociological Foundation
                    Sociologically, terrorism is defined as severe human right violations, and
             considered as the big enemy for the country. Terrorist crime is regarded as a
             serious threat to the survival of the nation sustainability. This phenomenon is

4 Atmasasmita Romli, Masalah Pengaturan Terorisme dan Perspektif Indonesia, Jakarta, Badan Pembinaan Hukum Nasional

Departemen Kehakiman dan HAM RI, 2002, page 2.
                                                                                                     Page 5 of 33
the driving force factor of issued anti-terrorism Law as a lex specialist law
              product.
                      The seriousness in combating terrorism crime is also proved by the
              establishment of a special unit in terms of law enforcement against terrorism,
              namely Special Detachment 88 Anti Terror Indonesia National Police (Densus
              88 Anti-Teror). Furthermore, to better synergize and sharpen the concept of
              the role of military intelligence and police with the other relevant agencies in
                                                            5
              prevention, de-radicalization,                    prosecution, and preparation of national
              preparedness, in 2010 BNPT 6 (National Agency for Combating Terrorism)
              was formed as an institution that has task to coordinate all anti-terror activities
              among ministries/institutions.

       4.     Operational Foundation
                      Operationally, the front guard of law enforcement counter-terrorism is
              carried out by the Special Detachment 88 Anti-Terrorism (Densus 88 AT)
              Indonesia National Police 7 assisted by other related elements. In terms of


5 The term radicalism comes from the word radical, which means root or base. As a noun of person, radical means a person who

holds or follows strong convictions or extreme principles. Radicalism means, the holding or following of radical or extreme views
or principles. De-Radicalism means, to reduce radicalism. http://dictionary.reference.com/browse/radicalism?s=b. See:
Sihombing, Albert Barita, 2013. The Radicalization of Terrorist (A Criminological Study on The Motives of Terrorism in Indonesia),
Thesis Foreign Affairs Police. Central Police University ROC Taiwan. Page 1
6 BNPT (National Agency for Combating Terrorism) is led by an officer whose rank is equal to 3 star-General with these following

main tasks:
  a. formulating policies, strategies, and national programs in the field of counter-terrorism;
  b. coordinating the relevant government agencies/institutions in the implementation of and implementing policies in the field
       of counter-terrorism;
  c. implementing policies in the field of counter-terrorism by forming a task force consisting of the elements of relevant
       government agencies/institutions in accordance with their own duties, functions, and authorities.
  Field jobs of counter-terrorism covers prevention, protection, de-radicalization, prosecution, and preparation for national
  preparedness.
7
   Detachment 88/AT is a special unit under the Indonesian National Police (formed on June 30, 2003) in charge of conducting
investigations and criminal investigations of terrorism in the context of law enforcement related to:
 a. the existence and activities of every person / element / group / community / organization believed to be a network or
      potential to be used as a terrorist network;
 b. the crime with a nature of terror is any act which meets the elements of criminal offense in accordance with the provisions
      in the law of eradication of terrorism;
 c. Criminal act or other law violation that probably has terrorism motif, especially in cases with political nuances and cross
      country.

                                                                                                                  Page 6 of 33
foreign affairs, Detachment 88 is supported by the NCB-Interpol Indonesia
          (Divhubinter Polri) defined as the main gateway to deal with foreign relations
          and cooperation between police to police and international organizations in
          the context of trans-national crime prevention.


5.   Task of NCB-Interpol Indonesia in Handling Terrorism
          In order to support counter-terrorism, the main tasks of NCB-Interpol
     Indonesia are:
     1)   overseeing traffic as well as detecting the possibility of terrorists in obtaining
          the explosives and weapons from abroad;
     2)   terminating the terrorist relationships with other criminal syndicates that exist
          in foreign countries;
     3)   increasing the security of Indonesian international interests;
     4)   expanding the implementation of cooperation in investigation, prosecution
          and extradition;
     5)   deploying power of the police in the bordering region to anticipate and
          eliminate cross-border crime, among others by adding and strengthening the
          Police Force and the existing checkpoints border or increasing water patrols
          in an integrated system.


6.   Profile of NCB Interpol Indonesia

     a.   History at Glance
               Juridically, the establishment of National Central Bureau (NCB) in a
          country is in accordance with chapter 22 of the ICPO-Interpol Constitution
          which maintains that every member country must assign a body to function as
          the National Central Bureau for assuring relationships between internal as
          well as with the Secretary General of ICPO-Interpol.
               In 1954, Indonesia was officially accepted as the member of ICPO-
          Interpol. By the end 1954, by the issuance of the Decree of Prime Minister of
          the Republic of Indonesia No. 245/PM/195 dated October 5, 1954, the
                                                                                 Page 7 of 33
government of the Republic of Indonesia assigned the State Police Bureau as
     NCB Interpol-Indonesia to represent Indonesian government in ICPO-Interpol
     organization. At that time, the Chief of State Police was assigned as the Head
     of NCB Indonesia to follow up on the Decree of Prime Minister of the Republic
     of Indonesia.


b.   Validation Organization of NCB Interpol Indonesia to be International
     Relations Division (Divhubinter Polri)

          International Relations Division is a sub organization under the
     Indonesia National Police (INP). It is established based on Chief of INP
     Decree No. 21, 2010 on Structural Organization and framework at the INP
     Headquarters level. This organization is the result of validation carried out
     within INP organization which previously was known as a Secretariat of NCB-
     Interpol Indonesia. International Relations Division has been formally made
     effective since September 2010 as an assistant chief of the INP in controlling
     police international relations.
          Position of Divhubinter Polri is an element of supervisor and a co-leader
     in the field of international relations under the Chief of Indonesian National
     Police. Divhubinter Polri is in charge of conducting tasks of National Central
     Bureau (NCB)-INTERPOL in international cooperation to fight against
     international/transnational crime, carrying out tasks of the international
     mission in peace and humanitarian missions, development of human
     resources (capacity building), as well as assisting legal protection for
     Indonesian citizens in abroad.


c.   Function of International Relations Division

     This Division has functions as follows:

     1)   planning and developing personnel and logistic administrations, clerk
          and internal affairs, financial service, and providing strategic review
          and analysis on the implementation of police international cooperation;
                                                                         Page 8 of 33
2)   preparing overseas travelling administration for INP personnel, and
     providing protocol coordination on the activities of official visit abroad
     and representatives’ visit from international organizations;

3)   undertaking inter-agency cooperation in the course of combating
     international and transnational crime, exchanging information on
     criminal intelligence, conducting international public services, giving
     technical assistance and investigation tactics related to Extradition and
     Mutual Legal Assistance (MLA);

4)   exchanging information on international/transnational crime and other
     information   related   to   international   events    and     international
     cooperation through communication networking system of Interpol,
     ASEANAPOL, DPKO (Department of Peacekeeping Operations) and
     other information technology system;

5)   providing coordination with other related institutions and facilitating
     prepared police personnel, prior to their deploying in the peace
     keeping and humanitarian missions;

6)   providing coordination with other related institutions, especially police
     forces and international organization (UN, ICPO-Interpol) and other
     formal international institutions in the course of improving capacity
     building of INP;

7)   undertaking the placement of and supervising Indonesian Police
     Attaches/Senior Liaison Officers (SLO) and Police Technical Staff/
     Liaison Officer (LO) as well as the INP personnel on duty in overseas,
     in international organization and at police offices in accredited country;

8)   providing coordination with other police Attaché or Law Enforcement
     LO of other countries in Indonesia, and also providing coordination and
     communication with related institutions in the course of maintaining
     security and law enforcement in border areas;

                                                                        Page 9 of 33
9)     providing relation for international cooperation in abroad including
                     cooperation in police matters, maintaining law enforcement and giving
                     protection for Indonesian citizens abroad.


       d.     Function of Secretariat of NCB-Interpol Indonesia
                     The International Relations Division of INP consists of two bureaus:
              Secretariat of NCB-Interpol Indonesia and International Mission Bureau. The
              Secretariat of NCB-Interpol Indonesia has function to set up international
              products, address common crimes related to other countries, address the
              special economic crime and terrorism associated with other countries, and
              provide international legal assistance related to extradition, MLA, and the
              search for the fugitive/the issuance of notice.

                     Secretariat of NCB-Interpol Indonesia has 4 departments as follows:
              1)     International Communication Department;8
              2)     International Convention Department;9
              3)     Liaison Officer (LO) and Border Department; 10 and
              4)     International Crime Department.
                          International         Crime       Department           has      function       to     conduct
                   cooperation between members of ICPO Interpol in preventing and
                   combating international/transnational crime by giving assistance on
                   investigation and implementation of international law. In undertaking the
                   task, International Crime Department conducts these following functions:




8
  Function of International Communication Department is managing and developing information exchange system in preventing
and combating international/transnational crime through communication networking facility of INTERPOL, ASEANAPOL and
other means of communication. Moreover this department also collect information and data processing, publication and
documentation of activities undertaken by International Relations Division.
9 Function of International Convention Department is preparing upon the implementation of international agreements or treaties

and organizing international forums whether in the country or in abroad related to combating international/transnational crime
and improving capacity building of human resources and institution facilities.
10 Function of Liaison Officer (LO) and Border Department is maintaining Police Attaché/SLO and Police Technical Staff/LO

duties in abroad, as well as undertaking law enforcement cooperation at the boundaries area.
                                                                                                              Page 10 of 33
a.    providing        international         product       such       as     dissemination           of
                         international DPO and warning related to various modus of operandi
                         as well as the making of country paper;
                   a.    handling general crime, terrorism and certain economic crime
                         related to other countries;
                   b.    giving international legal assistance (extradition, MLA and fugitive
                         search / publishing Notices);

                                Then, in managing the tasks, International Crime Section has
                         several sub-sections as follows:
                         a.    Sub-section of General Crime11
                         b.    Sub-section of International Criminal Products12
                         c.    Sub-section of International Legal Assistance13 and
                         d.    Sub-section of Certain Economic Crime
                                     Sub-section of Certain Economic Crime serves to:
                               1)    facilitate and coordinate counter-terrorism and certain
                                     economic crime related to other countries;
                               2)    implement          correspondence       through     NCB-Interpol,
                                     ASEANAPOL network system related to terrorism and certain
                                     economic crime;
                               3)     conduct coordination with territorial unit on issues requested
                                      by both fellow member of NCB-INTERPOL countries and
                                      territorial unit related to certain economic crime;
                               4)     conduct coordination with the Special Detachment 88 on
                                      terrorism issue.

11 Sub-section of General Crime serves to:
   a. facilitating and coordinating the general crime prevention related to other countries;
   b. carrying out correspondence through INTERPOL and ASEANAPOL network system;
   c. conducting coordination with the territorial unit on the problems that both requested by fellow member of the NCB -
       INTERPOL countries and territorial unit.
12 Sub-section of International Crime Product serves to:

   a. preparing international products, such as the making of country papers, dissemination of international actual news about
       piracy, narcotics and others;
   b. implementing internal police meeting with relevant ministries in the preparation of RI delegates position paper;
   c. carrying out an assessment and providing recommendations for Head of International Crime Section.
13 Sub-section of International Legal Assistance serves to:

   a. facilitating and coordinating the implementation of Extradition tasks and MLA;
   b. facilitating the issuance of the search list/wanted list (red notice);
   c. conducting searching for fugitives at the request of fellow member of NCB- INTERPOL Countries.
                                                                                                             Page 11 of 33
e.   Vision and Mission

     1)   The visions of the International Relations Division is:
          a) realizing police cooperation, law enforcement and international
               missions in combating transnational crime;
          b) Providing protection and services for Indonesians/foreigners in the
               country and abroad.

     2)   Mission
          To achieve the visions, there are missions to be carried out:
          a)    implementing international cooperation with other governmental
                and    non-governmental      organizations    both   in   bilateral   and
                multilateral;
          b)    carrying out cooperation with the police forces of the member of
                ICPO-INTERPOL and ASEANAPOL countries in an effort to
                monitor, prevent and combat transnational and international crime;
          c)    assisting and cooperating with the representatives of the Republic
                of Indonesia and relevant institutions in overseas to provide
                protection and services to the Indonesian citizens;
          d)    carrying out international cooperation to participate in keeping world
                peace;
          e)    implementing capacity building both human resources and
                infrastructure/facilities;
          f)    implementing cooperation and coordination of security of border
                area with the bordering country indirectly;
          g)    implementing the protocol and administration of official travel to
                abroad;
          h)    carrying out international communication and information exchange
                through utilization of the network of Interpol, ASEANAPOL and
                other communication networks;
          i)    conducting international meeting and agreement both bilateral and
                multilateral.
                                                                             Page 12 of 33
7.   Organization Structure
     a.   Structure of Indonesia National Police (INP)




          Source: http://www.polri.go.id/organisasi/op/sop/ (accessed: 10 February 2014)

          NOTES:
             Kapolri       = Chief of INP                            Wakapolri = Vice Chief of INP
             Itwasum       = General Inspector                       Kompolnas = National Police Commission
             Asrena       = Assistant of Planning & Development      As Ops     = Assistant of Operation
             Asarpras     = Assistant of Logistic                    As SDM      = Assistant of Human Resource
             Divkum       = Division of Law                          Div Propam = Division Profession & Security
             Divhubinter = Division of International Relation        Div Humas = Division of Public Relation
             Sahli        = Expert Staff                             Div TI Pol = Division of Tech & Information
             Baharkam     = Guidance and Security Department         Baintelkam = Intelligence and Security Department
             Korlantas    = Police Traffic                           Bareskrim = Criminal Investigation Department
             Densus 88 AT = Special Detachment 88 Anti-Terror        Korbrimob = Mobile Brigade
             Sespim       = Staff and Command School                 Lemdikpol = Education and Training Institution
             Akpol        = Police Academy                           STIK       = Police Science High School
             Puskeu       = Finance Centre                           Puslitbang = Research and Development Centre
             Pusjarah     = History Centre                           Pusdokkes = Health and Medical Centre
             Diklatsus Jatrans (Special Training Trans-Crime         Setukpa    = Police Officer School
              Education)                                              Polda      = Police Region (33 Police Region).

                                                                                                   Page 13 of 33

b.   Structure of International Relation Division INP




                                                                                                                     DIRECTOR OF INTERNATIONAL RELATION DIVISION
                   LEADER ELEMENT




                                                                                                                          FINANCE                                                 ADMINISTRATION


                                                                                                    ADMIN & PLANNING DEPT                                                           PROTOCOL DEPT

                                                                                                                                               ADMIN                                                     ADMIN


                                                                                                               HUMAN                          FUNCTION           SERVICE FOR                             SERVICE FOR
            SUUPORTING LEADER ELEMENTS AND EXECUTIVE STAFF                    PLANNING
                                                                                                             RESOURCES                      DEVELOPMENT         OFFICIAL DUTY                           OFFICIAL QUEST



                                                                     NCB-INTERPOL INDONESIA                                                                                   NTERNATIONAL MISSION BUREAU

                                                                                                            ADMIN                                                                                        ADMIN


                          INTERNATIONAL                        INTERNATIONAL                          INTERNATIONAL                    LIAISON OFFICER
                                                                                                                                                                       PEACE KEEPING                      CAPACITY BUILDING
                              CRIME                            COMMUNICATION                            CONVENTION                       AND BORDER
                                                    ADMIN                             ADMIN                                         ADMIN              ADMIN                               ADMIN                         ADMIN



                                CERTAIN
                                                                                                                                                                                           MONITORING               SUPPORTING
          INTER      GENERAL   ECONOMIC   INTER LEGAL      COMM      INFO &      DOCU-        AMERICA &    ASIA PASIFIC    INTER     INTER                       ACTIVITIES    TRAINNING                   ABROAD
                                                                                                                                                  LO   BORDER                                  &                    EDUCATION &
         PRODUCT      CRIMES    CRIMES    ASSISTANCE    TECHNOLOGY    DATA     MENTATION       EUROPE       & AFRICA       ORG’S   AGREEMENT                     PLANNING       LOGISTIC                    STUDY
                                                                                                                                                                                           EVALUATION                TRAINNING


                                                                                                                                                       POLICE ATTACHE
                                                                                                                                                               INP TECHNICAL STAFF
            MAIN EXCECUTIVE ELEMENTS                                                                                                                                       INP LO
                                                                                                                                                                                           INP SLO




     Notes: http://www.interpol.go.id/en/about-us/organizational-structure (accessed 2/2/2014)


c.   Structure of International Crime of NCB-Interpol Indonesia


                                                                        NCB-INTERPOL INDONESIA


                                                                                                          INTERNATIONAL
                                                                                                              CRIME




         INTERNATIONAL                                                                                                                 CERTAIN ECOMONIC
                                                                                 GENERAL                                               CRIME & TERRORISM                                                INTERNATIONAL
            PRODUCT                                                               CRIME                                                                                                                   ASSISTANCE



     Notes: Data processed.
                                                                                                                                                                                                         Page 14 of 33
8.   Job Description of Head of Sub Section of Certain Economic Crime

     a.   The characteristic of Tasks
          1) Planning:
              a) assisting the Leader in preparing Work Plan/Activity;
              b) assisting the Leader in setting goal achievement steps.
          2) Organizing:
              a) divide tasks and direct personnel’s to achieve the expected level of
                   performance;
              b) oversee the implementation of tasks and the discipline of personnel
                   in Sub-section Certain Crime.
          3) Actuating:
              a) facilitator (facilitating cooperation among police to police and
                   international organization in handling cross jurisdictional in handing
                   over, fugitive deportation, extradition, and technical assistance such
                   as laboratory DNA, computer forensic, INAFIS (fingerprints), and
                   crime scene kit);
              b) coordinator (managing joint investigation and procedure of Mutual
                   Legal Assistance with the foreign countries);
              c)   investigator (assisting transnational investigation of terrorism
                   especially with the foreign countries having bilateral agreement);
              d) dynamist (organizing and enhancing production material and
                   spreading Interpol notice and relevant information.

          4) Controlling:
              a) making analysis and evaluation of the implementations of the tasks in
                   the form of intelligence writings;
              b) assisting the Leader in evaluating the members working performance.

     b.   The elaborations of the Tasks of Head of Certain Economic Crime
          1) Collecting criminal and intelligent data to be processed and analyzed to
              become an official script to be submitted to the Secretariat of ICPO-
                                                                              Page 15 of 33
Interpol, NCB-Interpol of other countries and related institutions in the
   country. Task include as follow:
   a) making the concept of planned activities;
   b) assigning staff/member to arrange work plan concept up to become
      official script;
   c) correcting and signing official script to be reported to Head of
      Section;
   d) making disposition of incoming letters as directed by Head of Section
      to be followed up by the administrative officer;
   e) analyzing criminal and intelligence information;
   f) creating letter concept related to criminal/intelligence information;
   g) assigning administrative officer to follow up the letter concept that
      has been made to become official script;
   h) correcting and proofread official script of criminal and intelligence
      information to be proposed to Head of Section to get approval to be
      forwarded to general secretariat of ICPO-Interpol, NCB-Interpol of
      other countries and related agencies/institutions in the country;
   i) supervising subordinate at all times in order to achieve the expected
      level of performance;
   j) reporting the results of the implementation of the tasks to the Leader.

2) Preparing report materials and advice to the Leader. Task include as
   follow:
   a) preparing the action plans for Certain Economic Crime;
   b) instructing staff to make Sub-section action plans according to the
      concept;
   c) defining Sub-section Certain Economic Crime action plans;
   d) together with the staff prepares a report materials, materials,
      concepts as well as suggestions and opinions for the leader;
   e) supervising the implementation of the tasks and discipline of
      personnel in Certain Economic Crime Sub-section;
   f) reporting the activities to the Leader.

3) Implementing cooperation and coordination with internal and external
   executive officer of Indonesian National Police in the search/arrest and
   prosecute perpetrators of international crimes/transnational. Task include
   as follow:

                                                                  Page 16 of 33
a) preparing the concepts of action plans of Certain Economic Crime
       Section;
    b) instructing staff to create action plans in accordance with the concept
       of Sub-section;
    c) defining the action plans of Certain Economic Crime Section;
    d) dividing personnel responsibility to carry out referred cooperation and
       coordination task;
    e) conducting coordination with the unit areas/agencies in implementing
       their tasks/duties;
    f) informing the requesting state police about the cooperation
       development;
    g) making analysis and evaluation of the implementation of the tasks;
    h) reporting the results of the implementation of the tasks to the Leader.

4) Accompanying and helping other state police investigator for the smooth
    execution of their duties in Indonesia. Task include as follow:
    a) making concepts of guidance activities planes and assisting police
       investigation of foreign countries;
    b) instructing administrative officers to make action plans in accordance
       with the concept;
    c) defining action plans;
    d) making coordination with foreign countries police through Interpol/
       SLO of foreign countries;
    e) dividing the personnel tasks related to the implementation of the
       guiding and assisting investigation by foreign countries police
       investigators;
    f) making coordination with unit area/agency;
    g) making analysis and evaluation of the implementation of the tasks;
    h) reporting the results of implementations of the tasks to the Leader.

5) Conducting seminar assignments, supervision, meetings (Interpol Team
    Coordination, ASEANAPOL, ICPO General Assembly etc) and foreign
    and domestic visits by order of the Leader. Task include as follow:
    a) studying/preparing stuff /materials to arrange action plans;
    b) carrying out the tasks according to action plans;
    c) reporting the results of the implementation of the tasks to the Leader.



                                                                      Page 17 of 33
6) Periodical tasks. Carrying out periodical tasks on the orders of the leader
    either through disposition or oral communication such as becoming the
    committee    of   the   Police   Anniversary,   NCB-Interpol   Anniversary,
    becoming the academic selection committee, etc, Things to be carried
    out are:
    a)   studying/preparing stuff/materials to arrange action plans;
    b)   conducting the tasks in accordance with action plans;
    c)   reporting the results of implementation toward the Leader.

7) Other tasks. Carrying out other duties on the orders of the Leader either
    through disposition or oral command such as teaching, becoming a
    member of the Working Group, socialization and others. Things to be
    done:
    a)   studying/preparing materials/materials to arrange action plans;
    b)   conducting task/duty in accordance with action plans;
    c)   reporting the results of the implementation of the tasks/duties to the
         Leader.

8) In the implementation of duties, Head of Certain Economic Crime Section
    is assisted by other staff related with:
    a) the preparation of report materials, materials and concepts;
    b) the implementation of administrative correspondence (distribution
       and archiving);
    c) the implementation of administrative implementation of cooperation
       and coordination with Interpol coordination team and territorial units;
    d) the preparation of administrative implementation of assisting
       investigation of foreign countries police;
    e) preparation of the Information for requesting state police about the
       information on the development of cooperation and coordination with
       internal and external Indonesia National Police in the investigation
       related to the search / arrest of international/transnational crime
       perpetrators;
    f) report making and evaluating of the implementation of the
       tasks/duties.



                                                                       Page 18 of 33
9.   Problems in Implementing the Task/Duty

          In the implementation of the above tasks, the problems that we encounter are:

     a.   The members’ skill in conducting diplomacy supported by their ability to write
          and speak a foreign language (such as English, French and Chinese) is still
          limited so that the effectiveness of implementing the task is not yet to the
          maximum

     b.   There is no Indonesian Police personnel who occupy a strategic position in
          ICPO headquarters in Lyon, ICPO Bangkok, ICPO Singapore, and United
          Nations Headquarters, so no one can be expected to encourage/boost the
          participation of Indonesia in international forums.

     c.   Limited information which is mainly because of the existence of conflicts of
          interests with other countries has made sharing of information or
          implementation of cooperation/collaboration run less than the maximum.

     d.   The Coordination in handling the bordering region is still weak

     e.   The success of international cooperation depends on the legal system
          adopted by each country. In the Common Law system, extradition focuses on
          judicial procedure (judicial procedure) while the Civil Law legal system
          focuses on administrative procedures (administrative procedure). Differences
          of opinions resulted in the absence of harmonization of international
          cooperation in extradition and mutual assistance in criminal matters between
          the relevant countries.




                                                                            Page 19 of 33
CHAPTER 4
            THEORY SWOT AND THE RATIONAL PLANNING MODEL


10. Theory SWOT (Strenghts, Weaknesses, Opportunities, and Threats)

               Relating to the main roles, as part of defined situation in combating terrorism,
       NCB Interpol-Indonesia has opportunities and threats as follows:

       a.      Strenghts:
               1)     has international assistance in the form of funds and high technology;
               2)     has good networking as member of ICPO-Interpol supported by e-24/7
                      (secure data base and electronic communication);
               3)     has good networking as member of ASEANAPOL supported by e-ADS
                      (secure data base and electronic communication);
               4)     has basic Law and political will from government to eradicate terrorism;
               5)     has organization’s vision and mission, HRD and experience;
               6)     has Interpol coordination team.14

14 The Interpol Coordination Team (established in 1992, by Chief of Indonesian National Police Order No. Pol.: Skep/203/V/1992)
is non structural activities under the coordination of the Secretary of NCB-Interpol Indonesia. Members of Interpol Coordination
Team that relate in handling terrorism case are: Central Bank, General Attorney, Ministry of Foreign Affairs, National Intelligence
Agency, PPATK, ASEAN Secretariat, and BNPT.
Notes:
  a. Aims and Goals of Interpol Coordination Team is:
     1) To assure the smooth running, expedite as well as strengthen cooperation and coordination of the components of the
           Indonesian National Police and other agencies related to the duties of the NCB-Interpol Indonesia.
     2) In order that requests for assistance by NCB of other country and the Secretary General of ICPO-Interpol can be
           immediately, accurately and completely fulfilled.
     3) In order that requests for assistance by the Indonesian National Police and other agencies’ components towards NCB
           of other country and the Secretary General of ICPO-Interpol can be immediately and accurately fulfilled.
  b. Duties of Interpol Coordination Team is:
     1) Discuss and execute each request for assistance both by NCB of other country and internal one especially for those
           outstanding issues that need the inter-sector collaboration and coordination.
     2) Exchange of information on issues with international aspects.
  c. Procedure of Interpol Coordination Team is:
     1) Hold periodic meetings and or whenever in need for them arise.
     2) Based on the results of the meeting, the Chairman of the Organizing Team would submit proposals and follow-up
           action suggestions for resolving the very special problems to Chief of the Indonesian National Police who is the head of
           the NCB-Interpol Indonesia.
     3) Duties are carried out functionally in accordance with each one’s authority based on existing laws and regulations.
     4) Further procedures, including the procedures for execution (if needed), will be established on the basis of the
           agreements reached by the Interpol Coordination Team.
                                                                                                                  Page 20 of 33
b.   Weaknesses:
     1)   under staff and has weak human resources especialy in foreign
          language;
     2)   there is no Indonesian Police personnel who occupy a strategic position
          both in ICPO headquarters in Lyon or ICPO in Bangkok and in United
          Nations Headquarters that actually is very useful to enhance
          coordination;
     3)   limited Information;
     4)   conflicts of interests with other countries;
     5)   coordination in handling bordering region is still weak.


c.   Opportunities;
     1)   political will and encouragment from UNO and ASEANAPOL;
     2)   external support (funds, technological advance and capacity building);
     3)   go international (placement of Indonesian National Police personnel at
          ICPO-Interpol and UNO);
     4)   increased in capacity building;
     5)   increased in reputation that build diplomacy as well.


d.   Threats:
     1)   security problem related to poverty and lack of education;
     2)   radicalization movement based on religious fanaticism;
     3)   spreading of Ideology and organizational recruitments through internet;
     4)   issue anti-USA both open or clandestine agitation, with the issues of
          superiority, injustice, vulnerability, distrust and helplessness as driving
          factor on radicalism to conduct terrorism;
     5)   the movement of the international terrorist group in Indonesia.

          Base on SWOT analysis, both the hard approach (catch the perpetrator)
     and the soft approach (prevent terrorism) are needed. International
     cooperation is very crucial to reveal the involvement of international group
                                                                         Page 21 of 33
actors as well as to prevent terror action in Indonesia as integrated program
         in handling terrorism crime in the vision and mission.


11. The Rational Planning Model

         Relating to the implementation of POAC (Planning, Organizing, Actuating and
    Controlling), to describe job description in making decision, the procedures of
    decision making consist of series of process that concern with the Rational
    Planning Model as a multi-step process for making logical sound decision that
    aims at following the orderly path from problem identification to solution as well
    shown by the schema bellow:
                                                 Schema 1:
                                   The Rational Planning Model




             Source: http://en.wikipedia.org/wiki/Rational_planning_model (accessed: 2 February 2014).

    Notes:

         The Rational Planning Model is the process of realizing a problem,
    establishing and evaluating planning criteria, creating alternatives, implementing
    alternatives, and monitoring progress of the alternatives. Here is the application of

                                                                                                         Page 22 of 33
the theory based on the understanding of the Writer when accompanying BNPT
chairman visit to Russia in 2010 (in order to realize MoU of Counter Terrorism
Cooperation between the two countries) as an example of explaining a series of
steps of Rational Planning Model:

a.   Over Data (Define Situation)
          The first step of tasks execution is to accept and understand the tasks
     assigned by the Secretary of NCB-Interpol Indonesia. This step includes
     reading the content of the disposition, recognizing the problem, defining an
     initial solution, and starting primary analysis to solve the problem in an
     effective manner/way.


b.   Formulate Goal
          The second step is to attend a meeting invitation from BNPT to receive
     input regarding the formulation of a work plan or formulation of objectives to
     be achieved. This activity is best done in groups, as different people may
     contribute different ideas or alternative solutions to the problem. Gathering
     information based on time-line of Indonesia-Russia relations is needed as
     well as the description of the current situation and the prediction of the
     consequences.


c.   Examine,      evaluate     and    choose    alternatives/generate     objective
     assessment criteria

          The third step is to make the assessment criteria by following every
     meeting progress of Indonesia-Russia and the steps that have been and will
     be achieved as the guideline of evaluation. After going through the process of
     defining the problem, exploring for all the possible alternatives for the problem
     and gathering information, this step says evaluate the information and the
     possible options to anticipate the consequences of each and every possible
     alternative that is thought of.


                                                                          Page 23 of 33
d.   Implement alternatives and Evaluate Outcome
          The fourth step is to make a task assignment report on the
     implementation of the task and active participation in decision-making through
     writing suggestions and opinions based on defining situation, formulated
     goals, alternatives that was taken, the criteria of assessment and the analysis
     done in the previous steps.


e.   Monitor and Evaluate outcomes and results
          The fifth step is to keep track on the development of activities carried out
     by BNPT and Russia. This step contains the secondary and final monitoring
     of the outcomes and results of the site. This step takes place over a long
     period of time which is manifested in an intelligence research paper about the
     benefits, results and the effectiveness of the work that has been done.
          In this context, the Writer has been able to translate/interpret:
     1)   the strategic plan of the Ministry of Foreign Affairs especially in the field
          of counter terrorism;
     2)   the development of the strategic environment related to terrorist case;
     3)   the consequences of the activity that has been done.




                                                                              Page 24 of 33
CHAPTER 5
                                    CONCLUSION


12. Solution
         In order to support counter-terrorism, the challenging tasks faced by the NCB-
    Interpol Indonesia are:
    a.   the quantity and quality of terrorist threats (both spread out of ideology through
         internet could contribute to the adding of the amount of potential terrorism
         perpetrators and the utilization of technology development in implementing the
         terror modus operandi);
    b.   cross jurisdiction case;
    c.   personnel skills (as facilitator, coordinator, investigator and dynamist);
    d.   there is no Indonesian Police personnel who occupies a strategic position in
         ICPO headquarters Lyon, ICPO Bangkok, ICPO Singapore, and United
         Nations Headquarters that could encourage the achievement of the vision and
         mission in the international level;
    e.   coordination in handling the bordering region is still weak.

         To overcome these challenging tasks, NCB Interpol Indonesia implements the
    following strategies:
    a.   enhancing either formal or informal cooperation with other country in the area
         of law enforcement on terrorism cooperation along with other trans-national
         crimes. Collaborating with Australian Government, Indonesia has founded
         JCLEC (Jakarta Centre for Law Enforcement Cooperation) as a center for
         training and sharing of best practices in combating trans - national crimes for
         law enforcement Officials in Asia Pacific region;
    b.   strengthening bilateral cooperation through implementation of conventions or
         agreements between neighboring countries;
    c.   creating professional cooperation among countries at the level of police forces
         to share information;

                                                                               Page 25 of 33
d.   exploring the possibilities of cooperation to enhance existing cooperation;
   e.   exploring the possibilities to post Indonesian National Police personnel in the
        strategic position in ICPO-Interpol and Police Advisor in UNO in New York;
   f.   capacity building (Bachelor, Master and PHD programs);
   g.   promoting de-radicalization and rehabilitation program for convicted terrorism
        perpetrators as well as building partnerships with former inmates to help them
        gain better lives, which in due course could decrease their radical thought
        levels.

        The above strategy in broad outline, in particular on issues related to terrorism
   case can be accommodated and elaborated through job description of Subdivision
   of Special Crime in charge of sharing information related to terrorism case.


13. Recommendation
        In order of the effectiveness of goals achievement, we should add the
   following matters as part of the International Relation Division of INP strategy:
   a.   exploring the possibilities of cooperation to enhance student exchange
        programs between countries to attend the school of leadership;
   b.   exploring the possibilities of cooperation to enhance student exchange with
        the Ministry of Foreign Affairs to attend the school of leadership / diplomacy;
   c.   exploring the possibilities of cooperation to enhance existing cooperation in
        monitoring the border area;
   d.   exploring the possibilities of cooperation with a third party to hold an annual
        workshop on terrorists prevention.




                                                                              Page 26 of 33
APPENDIX

1.   Law Foundation in Combating Terrorism
     a.   International Law:
          1) Vienna Convention 1986 On The Law Of Treaties Between States and
              International Organization;
          2) UNO charter, ASEAN charter and ASEAN Convention relate to MLA and
              Counter Terrorism;
          3) UNCS Resolution 1373 (2001), relate to freezing terrorist assets;
          4) EU Council Framework Decision on Combating Terrorism (2002);
          5) United Nations Conventions against Transnational Organized Crime, 2000,
          6) International Convention (ratified by Indonesia):
              a) 1963 Convention on Offences and Certain other Act Committed on
                 Board Aircraft;
              b) 1970 Convention for the Suppression of Unlawful Seizure of Aircraft;
              c) 1971 Convention for the Suppression of Unlawful Acts against Safety
                 of Civil Aviation;
              d) 1980 Convention on the Physical Protection of Nuclear Material;
              e) 1997 International Convention for the Suppression of Terrorist
                 Bombings;
              f) 1999 International Convention for the Suppression of the Financing of
                 Terrorism;
              g) Amendment to the Convention on the Physical Protection of Nuclear
                 Material (CPPNM) 1979.


     b. National Law
          1) Law No. 15 / 2003 on Stipulation of Government Regulation in Lieu of Law
              No. 1 / 2002 on Combating Criminal Acts of Terrorism as Legislation;
          2) Law No. 2 / 2002 on Indonesian National Police;
          3) Penal Law;

                                                                            Page 27 of 33
4) Law No 8 / 1981 on Criminal Procedure;
          5) Law No 7 / 1992 on Banking; and Law No 15 / 2002 on Money Laundering;
          6) Law No 12 / 1951 on Weapon and Explosive;
          7) Law No 9 / 1992 on Immigration;
          8) Law No 36 / 1999 on Telecommunication;
          9) Law No 1 / 1979 on Extradition;
          10) Law No. 1 / 2006 on Mutual Legal Assistance in Criminal Matters;
          11) Law No 13 / 2006 on Protection of Witnesses and Victims.
          12) Law No. 24 / 2002 on International Agreement
          13) Law No. 37 / 1999 on Foreign Affairs
          14) Government Regulation Republic of Indonesia No. 68 in 2008 about the
              Procedures of implementation Relation and Police Cooperation
          15) President Regulation No. 52 in 2010 about the Organizational Structure
              and Working Procedures Indonesia National Police.


2.   Guidance Books as an Attitude Reference
     a.   The Grand Strategy of INP (every 20 years)
     b.   The Plan Strategy of INP (every 5 year)
     c.   The Bureaucracy Reform of INP
     d.   The Annual Work Plan of INP
     e.   The Annual of Intelligence Estimate
     f.   The Work Plan Annual of International Relation Division of INP
     g.   The Organization and the Procedures of Work in NCB Interpol-Indonesia
     h.   The Conception and Strategic of BNPT on Counter Terrorism and The Work
          Plan of BNPT in Combating Terrorism
     i.   The Work Plan Annual of Special Detachment 88 Anti-Terror
     j.   Vademinkum Annual of International Relation Division of INP
     k.   The Reflection and Projection International Relation Division of INP (annual)
     l.   The Financial Accountability within the Administration of INP.



                                                                              Page 28 of 33
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