Sunday, July 8, 2007

Problem of Law Enforcement in Indonesia

By: Firdaus Arifin
Writer: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
Published by: Indonesian Constitutional Law 2006.

REFORM ideals for seats in the supreme law (Supremacy of law) in national and state life until this moment never terrealisasi. In fact it can be said only a dream and delusion (Utopia). That statement about the proper menjelaskankan disclosed for the existing legal reality and is happening today in Indonesia.
When examined the law face a bleak implications of the conditions of law enforcement (law enforcement) are stagnant and even if the law is enforced discriminatory enforcement. Corruption practices in processes such as law enforcement, judicial mafia, discriminatory judicial process, buying and selling verdict, or collusion Police, Judges, Advocates and prosecutors in the judicial process engineering is the daily reality that can be found in law enforcement in this country . Implementation of law enforcement that "slum" like that makes the laws in this country as it had been described by the great Greek philosopher Plato (427-347 BC) which states that the law is a spider's web that can ensnare only a weak but will tear if ensnare the rich and powerful. (laws are spider webs; they hold the weak and delicated who are caught in their hair Meshes are torn in pieces by the rich and powerful).

Implications arising from the law enforcement operation is not properly and effectively is the damage and destruction in various fields (political, economic, social, and cultural). Also, too bad law enforcement will lead to respect and public trust in law dwindling day by day. As a result, people will seek justice in their own way. The proliferation of vigilante action (eigenrichting) in the community is one form of public distrust of the existing law.

Then the question is, what factors are causing the difficulty of law enforcement in Indonesia? If studied and analyzed in depth, there are at least seven factors inhibiting law enforcement in Indonesia, namely the seven factors, First, weak political will and political action leaders of this country, to become law as a commander in the administration of government. In other words, the rule of law is still limited to rhetoric and political jargon touted during the campaign. Second, legislation is currently still more accurately reflect the political interests than the interests of the people's rulers. Third, the low moral integrity, credibility, professionalism and legal awareness of law enforcement officers (judges, prosecutors, police and Advocates) in enforcing the law. Fourth, lack of facilities and prasana and facilities to support the smooth process of law enforcement. Fifth, the level of awareness and legal culture of society is still low and less respect for the law. Sixth, the law enforcement paradigm is positivist-legalistic to prioritize the achievement of formal justice (formal justice) rather than substantive justice (substantial justice).

Seventh, the policy (policy) is taken by the relevant parties (stakeholders) of overcoming the problem of law enforcement is still partial, patchy, not comprehensive and tersistematis. Looking at the various problems that hinder law enforcement process as described above. Steps and strategies that are urgent (urgent) to do this as a solution to these problems is to make corrections and arrangement of the existing legal system. According to Lawrence Meir Friedman in a legal system there are three elements (three elements of the legal system, the structure (structure), substance (subtance) and the culture of law (legal culture). In the context of Indonesia, the third element of the reform of the legal system proposed by Friedman is very essential to do so. Related to the structure of the legal system, the arrangement needs to be done on the existing legal institution like the judiciary, prosecutors, police, and advocate organizations. In addition to the arrangement is also done to the institutions that supervise the functioning of legal institutions. And Another thing that is very important to be addressed immediately associated with the structure of the Indonesian legal system is bureaucratic and administrative law enforcement agencies. It is true what dikemukan by Max Weber (1864-1920) that one of the characteristics of modern law is the law that is very bureaucratic. But , existing bureaucracy to respond to social realities so as to serve the people seeking justice (justitiabelen) well.

In terms of substance legal system needs to be revised various devices of legislation that support the law enforcement process in Indonesia. For example, legislation in the criminal justice system in Indonesia such as the Criminal Code and Criminal Procedure Code revision process of the current operation must be completed. This is because both these legal instruments are not relevant to current conditions. Third, for the legal culture (legal culture) needs to be developed abiding behavior and obedient to the law starting from the top (top down). That is, if the leaders and law enforcement officers behave obedient and submissive to the law it would be an example to the people.

Finally, we hope that this government ditahun 2007 can quickly complete the legal reform agenda that had not gone well. If not, be prepared to immediately create a society like the one described by the great English philosopher Thomas Hobbes (1588-1679) is the homo homini lupus bellum omnium contra omnes.

1 komentar:

pengobatan on 22:00 said...

saya butuh bantuan pencarian bukti bukti apapun yang ada hubunganya
dengan kasus yang saya hadapi
kasusnya dapat di lihat di
saya tunggu jawabanya di
terima kasih atas perhatianya
saya tunggu jawabanya

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