“Beware, the corona virus entered Lampung,” wroted Okti Even Rizki (28 years old) in Facebook. “There is Lampung people, returned from Malaysia, affected by corona virus. Beware….”
It was posted twice by Okti Even Rizki. Later on it become viral. Finally, the Lampung Regional Police Special Criminal Directorate investigates. The result: That’s a Hoax.
Okti was arrested by the Police, on Wednesday, March 11th 2020. The accusation is: Violated Law number 11 of 2008 concerning Information and Electronic Transactions. Criminal threat 6 years in prison (Detikcom, March, 11th 2020).
A glance, the Octi’s act is an ordinary activity. It is usual doing by the people present time. It as if isn’t the criminal act.
But, why Okti was arrested by the police? The public wonders.
THE POLICE ALTERATION IN THE LATE MODERNITY ERA
Some sociologist said, now we are entering to the post-modern era.
Opinion was opposed by British sociologist, Anthony Giddens. The word “post modern” means “get through the modern”. It already left the modernity.
The truth is according to Giddens, we are now in the late modernity era. Indonesian: The modern stage of the advanced stages. Anthony Giddens (in George Ritzer, 2004: 553-557).
The Anthony Giddens’s modernity theory become a role model nowadays. Giddens was considered as a contributor of modern sociology.
The definition of late modernity in Anthony Giddens version is 4. Namely:
- Supervision Ability.
- Military Strength.
We keep focus on the topic: the policing. So that, we focus on the point number 3: Supervision capability.
The Indonesian National Police is not tasked with overseeing the community. There is no supervisory role. But, in the task of the preventive field, there is patrol duty.
Preventive tasks, maintaining security and public order. Preventing violations of the law.
In this task required professional technicalism. Such as: Patrol, guarding and regulating.
Which, in this case, in the case of Okti Even Rizki: Okti’s upload on Facebook was monitored by Cyber Patrol, Directorate of Special Criminal Investigation in Lampung Regional Police.
This is where the role of the Indonesian National Police, which when it associated with Anthony Giddens’ theory, has entered the era of Late Modernity.
There also the role of the police has changed. It no longer just be a gatekeeper in the criminal justice system, as Siegel said (2012). “…. the role of the police is only as a guardian of order …”
It is no. It isn’t anymore.
Because, if only like that, so the Okti Even Rizki posting above hasn’t proven “disturbing order”. It only potentially “disturbs order”. It isn’t proven yet.
Meanwhile, police action must be based on the sufficient preliminary evidence (article 17 of Law No. 8 of 1981, concerning Criminal Procedure Law).
THE POLICE PREVENT THE CRIME.
Referring to Lab (2014), simply the crime prevention can be defined as:
The police actions. In order to reduce the occurrence of crime.
This can be observed if examining the definition of policing proposed by several experts: Jones and Newburn (1998), O’Brien and Yar (2008) or Kirby (2013).
However, when these policing concept practiced, that is the formal policing and institutionalized, then the element of the crime prevention as if lost or vaguely.
As an example the case of Okti Even Rizki. As if it isn’t the criminal act. Peoples can said: “How come…he posted in the Facebook like that, was he arrested by police?”
In fact, the upload occurred in a critical situation. When Indonesian people (even international) panicked by the spread of the corona virus (Covid 19). The spread of the virus is extraordinarily fast and massive.
The Okti Even Rizki upload has striking the public fear, which they has scared before.
It hasn’t yet arrived at the analysis of the ‘domino effect’ due to actions ‘striking the public fear’. What is the social impact? How much social damage? From a criminal perspective?
Some expert: Goldstein (1977), Hess (2009) or Gaines and Miller (2011) inserting the crime prevention element in the police role.
The policing in the late modernity era is: the police together with the societies perform the community policing. It also crime problem solving.
That’s for solving the problem of crime. It reducing fear of crime and crime prevention (Wrobleski and Hess, 2006).
Following the line of thought of Goldstein (1977), Wrobleski and Hess (2006), Hess (2009) or Gaines and Miller (2011), then in the prevention of crime, ideally the role of the police is for:
- Eliminate situations that have the potential to cause danger. Also, the situation has the potential for crime.
- Police on patrol (in the case of Okti Even Rizki: Uploads on Facebook were monitored by a cyber patrol by the Directorate of Special Criminal Investigation of the Lampung Regional Police). Also, the police get closer to teenagers, work with the community, educate the public (do not post on social media recklessly).
THE POLICE CHALLENGE IN THE MODERNITY LATE ERA
The social change always followed by the challenges (Selo Soemardjan, Social Change in Yogyakarta, Bamboo Community, 2009).
These challenges must accepted by Indonesian National Police.
These challenge like – dislike generates the various challenges of Indonesian National Police.
These challenge also acknowledged or not, left several failures.
As an illustration: The police failures is frequently seen as a confusion. Or doubtful attitude.
For example: Some peoples insult – question – intend to replace – Pancasila. Or insult – question – intend to replace – the Indonesian President as a symbol of the country.
Or the behavior of people similar to the example above.
To make deal with it, the police are not being same action.
There is a perpetrator who was immediately arrested, become a suspected, processed by law. Some were delayed, until the perpetrators ran away. Or, some wasn’t processed. Some perpetrators have been processed, then detention suspended.
From the perspective of the societies, the police seemed confused. Doubt. As if there is no legal equality, for the lawbreakers.
Even though, the police must be prevent the crime potential in the future. Without the hesitancy. If the police hesitate in the action, it can generated the bad precedent.
There are several factors why the police haven’t yet succeeded in preventing the crime.
These factors are summarized by Kirby (2013, pages 14-21). Divided: External and Internal.
- The police haven’t been able to adjust the organization, governance and how it works to the public change of politic, social, economy, technology, environment and the law which occurred very quickly in the societies.
- The police haven’t been able to coordinate with the parties that also have interest to crime control. Among other, the commercial agents that paid by the society to controlling the crime.
- The police fail to develop roles, along with the needs development, demands and societies focus in the crime control. Although, it doesn’t completely fail.
- The police fail to establish the work plan, due to dictated: Politic pressure, mass media, social media, interest groups which hiding behind the mass organization.
- The police fail to understand the characteristics of community, as a locus and criminal subjects.
- The existence of corrupt police, acting unethically, unprofessionally. Also, failure to make a decision.
- Bad leadership.
- Failure to choose the right police strategy in controlling crime.
- Weaknesses of competence, knowledge, and motivation on the police team.
Failure due to the various elements above, produces negative consequences. Logic: All failures have a price. The price payer is the society.
According to Cordner et al., The price of police failure to prevent crime, there are several aspects. Namely:
A. Increase in crime, quality and quantity.
B. Generate high cost economy
C. Generate high social costs.
The obstacles – challenges must be overcome. The Indonesian National Police must be the winner to prevent crime.
Referring to Wong (2012), the main frameworks are:
- Rationalization of the Indonesian National Police organization. Performance using scientific methods. Faithful to Standard Operational Procedure (SOP). It results oriented.
- Police professionalism. It regarding education, general training and special training.
- Police services must be professional, responsive, responsible and competent.
- Responsible police behavior. It controlled by an internal system. Transparent in the eyes of the public, so that to produce trust.
In order to achieve the four things above, Wong (2012) recommends that all police listen to the following matters:
- Socio-economic changes, causing changes in the objectives of achieving law enforcement. So, the policymakers in the Indonesian National Police must constantly pay attention to social changes in society.
- Data and information are the basis of policing. It’s no longer based on the experience, intuition, coerciveness, especially stubbornness.
- The police must be able to unite (combination) various ways in: Upholding the law. Control crime. Maintain order.
- The policing must be based on: Standard procedure. Institutional Rational.
- The effective policing – efficient, must be supported by adequate budgets and equipment, but rational.
- All police must be properly organized, in terms of: Ideology and thinking. Recruitment and training. Command and control. Supervision and accountability. All for the sake of: Politically strong, competent, and professional.
- Planned and periodic performance evaluations. Based on scientific, and comprehensive research.
Apart from all the above theoretical basis, the Indonesian National Police has acted correctly in the case of Okti Even Rizki. It’s firm without hesitation.
This assertiveness prevents the potential for similar crimes from recurring in the society. The police must maintain that assertiveness, for maintaining the order. (*)