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Reforming Ethical Policing in Indonesia: Legal Protection for Conscientious Objection and the Duty to Disobey Unlawful Orders

Research output: Contribution to journal › Article › peer-review

Abstract

In the context of police institutions in Indonesia, members of the police force are often faced with a dilemma when receiving orders from superi-ors that have the potential to violate the law. On the one hand, there is an obligation to uphold the law and protect human rights. The conflict raises legal questions about the extent to which police officers in Indonesia are protected when they refuse or disobey unlawful orders, based on the principles of the right to conscientious objection and the duty to disobey. This study uses normative legal research and comparative doctrinal analysis to examine the conceptual underpinnings of these principles and evaluate institutional practice. Through an analysis of international legal instruments, national regulations, relevant case studies, and selected comparative mate-rials, this article concludes that these two principles are an integral part of the development of a democratic, accountable, and human rights-oriented police institution in Indonesia, and therefore deserve comprehensive legal protection.

Original languageEnglish
Pages (from-to)839-869
Number of pages31
JournalJambe Law Journal
Volume8
Issue number2
DOIs
Publication statusPublished - 29 Nov 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Duty to Disobey
  • Legal Protection
  • Police Ethics
  • Right to Conscientious Objection
  • Unlawful Orders

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