Wednesday, July 18, 2007

Mafia Justice Between There and the Nothing

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.

Geef me Goede rechter, rechter commissarissen Goede, geode geode officieren van Politie justitieen Ambtenaren, en ik zal met een slecht wetboek van het recht straf procces geode beruken (Taverne).

THE face of law in this country post-1998 reforms did not visit sunny. Reformation ideals to make the law as a Commander (Supremacy of Law) in the national and state life did not materialize. More and more law enforcement (Law Enforcement) hope even more live fantasy (Utopia). Above statement is not a pessimistic expression of the law in this country but that's the reality condition of law enforcement in Indonesia today. Many factors that cause terpuruknya law in this country.

These factors are the First, legislation is currently reflect more accurately reflect the interests of rulers rather than the interests of the people. Second, the low Moral Integrity, Credibility, Professionalism and Legal Awareness Law Enforcement officers in enforcing the law. Third, lack of facilities and supporting the smooth prasana in the law enforcement process. Fourth, the level of public legal awareness is still low. Fifth, the legal culture that is still less response and respect for law.

Discuss the presence or absence in the Judicature Mob justice system in this country is something very interesting. Mob justice is something there but invisible. This is because so neat and tersistematisnya this judicial mafia networks. Only certain people are able to know of its existence. The actor who was behind the judicial mafia network is nothing but the law enforcers themselves. The term Law Enforcement officers are very broad, so include those directly involved in the field of law enforcement. Within this paper, it is law enforcement will be limited to those who are directly involved in law enforcement that includes not only law enforcement but also the maintenance of peace consists of judges, prosecutors, lawyers and police. And the term commonly referred to Attorney, Advocate, Justice and the Police are Chess House.

The mafia in court are greedy people who have been treated according to the law of business rules. They did not kill, but to manipulate the evil that is good and good becomes evil opposite. They turn the facts, the right becomes wrong and wrong becomes right the wrong that people should be punished (eg 20 years in prison) can freely roam or be sentenced to house arrest weird., While his opponent is right in the eyes of the law rather pay the penalty by crouching behind bars. In addition Judicial Mafia, has turned the ideal function of the Court as a place justisiabel (Seeker of Justice) to get justice to "market" in which case the transaction. Excesses generated from aberrant behavior of law enforcement / judicial mafia is the disappearance of justice in this country. Face legal / law enforcement does not change that as he had been expressed by the Greek philosopher Plato (427 BC-347 BC) which states "that the law is like a cobweb can only trap a weak and can easily be destroyed by those who are strong". Justice currently only belongs to those who have the power (money) only and does not belong to all mankind.

According to criminologist Ronny Nitibaskara causes of deviant behavior law enforcement officers / Mob Justice because they are stuck in the pattern of life-Materialist Pragmatic who worships wealth. Also Mafia Courts exist since the low awareness of the Code of Professional Conduct of law enforcement officers in carrying out duties and legislation that support the justice system (Criminal Code) has a gap and support the Judicial Mafia in childbirth.

Mafia Trial in assessing this sense is not fair / unfair if we just blame someone or not law enforcement officers to frame a system of people's work. People and systems have Interdependent relationships because good people would be damaged if not in a good system, otherwise a good system would be damaged if too diselenggarakn by people who are not good. And to overcome the problem of judicial mafia is author wishes to depart from the concept of Lawrence Meir Friedman in his book Legal System suggests there are three elements of the legal system (Three Element of Legal System), namely: Structure (Structure), substance (Subtance) and Cultures of Law (Legal Culture) . A description of the three elements of the legal system is as follows, First, the structure is a frame or chassis, parts of which still survive, giving the kind of shape and boundaries of the whole. Structure in the legal system in Indonesia, for example law enforcement such as police, prosecutors, and courts. Second, the substance is the rules, norms, and patterns of human behavior in real dalm system. The substance also means that products produced by people who are in the legal system, including for their decisions, the new rules which they set. The substance also includes living law (law of life), and not just the rules in the law books or law books. Third, the legal culture is the human attitude toward law and legal system, beliefs, values, thoughts, and hope.

The third element in the legal system must be addressed in an effort to overcome or dismissed Mob Justice in Indonesia. In the structure of our legal system would need to set up an Independent Institutions Institutions that are outside of Law Enforcement through the control functions of the institutions of law enforcement. Why should institutions outside of law enforcement institutions this is done for monitoring objectivity because as we know that internal controls had been closed does not seem always transparent in order to maintain the good name of their corps. The Judiciary in this field will be implemented has been the establishment of the State Institute of Judicial Commission which has the task of maintaining one of the judges' behavior and maintain the dignity of judges. And also a significant sampling of community control of Law Enforcement Institutions must exist.

For that would be other law enforcement institutions (judiciary, police and Advocate Organization) was formed immediately perform Independent Institutions pegawasan function. And also something else that is very urgent need to overhaul the structure of the legal system in Indonesia is the bureaucracy and administration, it is true what dikemukan by Max Weber that modern law is the law that is very bureaucratic. However, the existing bureaucracy to respond to social realities so as to serve the community well. In the substance of the legal system in Indonesia need to be revised laws and regulations that support the judicial system in Indonesia such as the Criminal Code because it is not relevant to the current condition of the society.

For culture / cultural attitudes need to be developed law abiding and obedient to the law of law enforcement officers in enforcing the law so that a role model for people. The last thing that is not less important in overcoming Mob Justice is the role given by the institution of the Faculty of Law. Because as we know that law enforcement officers are biological children born to mothers who named the Faculty of Law. Let the entire Faculty of Law (FH particularly oriented to print legal practitioners) in Indonesia is not only oriented birth-Jurist Jurist (Sarjana Hukum) that are reliable in all but legal science-oriented birth-Jurist Jurist who qualified in the field other than law also Jurist , which has jurits Moral Integrity, Credibility and professional in carrying out law enforcement. It seems to Philosophy courses Professional Law and Ethics is not just a formality given only to students but trying to actually put these courses into the conscience of students.

Based on the above description can be concluded that the Mafia Courts deal with problems need a extra work through a systematic effort, comprehensive, impartial. Efforts are three elements to fix the legal system on the dikemukan and contributions of educational institutions namely the Faculty of Law. With the hope to be able to materialize a clean judicial system of the Mafia Courts and charismatic.

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