Independence of the Indonesian National Police's Propam in Conducting Investigations into Criminal Violations by Members: Challenges in Enforcing Article 448 of the New Criminal Code Concerning Abuse of Power

Abstract

This research examines the independence of the Professional and Security Division of the Indonesian National Police in investigating criminal violations committed by police members, particularly in relation to the implementation of Article 448 of the New Criminal Code concerning abuse of power by public officials. The main issue lies in Propam's position within the police command structure, which may create conflicts of interest, hierarchical intervention, and weak objectivity when violations involve police personnel or senior officials. This research uses normative legal research with statutory, conceptual, and comparative approaches, analyzed through descriptive-prescriptive legal analysis. The findings show that Propam has a legal basis and authority to enforce discipline, professional ethics, and preliminary investigations against police members, but its independence remains limited by its structural subordination to the Chief of Police. The implementation of Article 448 of the New Criminal Code requires a more objective, transparent, and command-free internal investigation mechanism so that abuse of power by law enforcement officers can be processed through criminal law. The obstacles faced by Propam include structural conflicts of interest, corps solidarity, limited external supervision, and the absence of strong synchronization between internal ethical mechanisms and the general criminal justice process. Strengthening Propam's independence should be carried out through structural reform, stronger rules prohibiting intervention, protection for internal investigators, and the involvement of external oversight bodies such as the National Police Commission. The ideal oversight model is a hybrid supervision system that combines a strengthened internal Propam mechanism with independent external oversight to ensure police accountability and better protection of citizens' rights.