By: Firdaus ArifinWriter: Lecturer Constitutional Law Section and Secretary of Constitutional Studies Center Faculty of Law, University of Pasundan, Bandung, West Java, Indonesian.
FOR the umpteenth time, returning the law enforcement process in Indonesia should be tarnished by the corrupt behavior of prosecutorial authorities. This time the culprit was Urip Tri Gunawan, a prosecutor is concurrently the Chairman and the Coordinator of Team 35 Attorney General (AGO) in charge of the investigation process for the case of Bank Indonesia liquidity assistance (BLBI) in particular received by Bank Dagang Nasional Indonesia (BDNI) is owned Syamsul Nursalim. He was caught by the Corruption Eradication Commission (KPK) just after receiving the money of U.S. $ 660 thousand, equivalent to 6.1 billion dollars, from Artalyta Syriac, the alleged bribe money in the termination of the settlement process BLBI BDNI afternoon last week, (Kompas, 03/03/2008). This event is certainly very surprising for us all. At the time being, amid vociferous popular demands to the government of President Susilo Bambang Yudhoyono immediately resolve the legal cases that has nearly a decade old and the financial harm the state with a total of hundreds of trillions of rupiah, the prosecutor (attorney) as the institution that had been given the mandate and trust by the people to resolve these cases, even to irregularities in the mode of action accepting bribes from the obligor accomplice "naughty". In addition, the discovery of a bribery case involving prosecutor investigating Team Leader BLBI cases will add a long dark history records of law enforcement process in Indonesia.
We all must agree and agree, that the phenomenon of bribery that occurred in each of the law enforcement process in Indonesia by involving the prosecutor, certainly not a new phenomenon for the first time that happened. If we listened to the back, recorded've uncovered many cases of bribery involving a prosecutor in this beloved republic. One of them, cases of bribery that occurred in the settlement process of the corruption of PT Workers Social Security (Social Security) with the accused former president director of PT Jamsostek Ahmad Djunaidi which occurred in mid-2005 silam.Pada time, two public prosecutor (prosecutor) who dealing with corruption cases is rising bourgeoisie PT Jamsostek Ronni and Cecep Sunarto allegedly received bribes amounting to Rp 550 million. Disclosure of the bribery case, begins with the recognition Ahmad Djunaidi defendants who claim to have given money amounting to Rp 550 million to two rising bourgeoisie prosecutor Cecep Sunarto Ronni and to expedite the trial process itself that is given through an intermediary called Aan Gusnanto Hadi. Negative impacts arising from the prosecutor's behavior was corrupt disappearance values of justice and legal certainty (rechtszaakerheid) and lower levels of public trust in law enforcement. The rise of vigilante action (eigenrichting) conducted by the community is a reflection of public distrust of the legal institutions and law enforcement agencies.
The emergence of the phenomenon of corrupt prosecutors in the clear is not without cause. When examined more in at least five factors are the cause. These five factors namely, First, low levels of quality, moral integrity, credibility and professionalism of the prosecutor in the work carry out their duties. This is all the impact of the error system of recruitment and management of Human Resources (HR) in the institutions of our judiciary. So far, the system and the recruitment pattern of the existing attorney, can be said is not fully based on the principles of professionalism, not yet open (transparent), and the requirements that are not in accordance with the requirements. In addition, the practice of having to pay bribes or some money to be accepted into the prosecutor also pointed out as the cause of the collapse of the morality of law enforcement officers. Second, they (DA) trapped in a pattern of pragmatic life-materialistic hedonism who adored and material possessions. Thus the motto of law enforcement officers struggle fiat justicia roeat coelum, which means, enforce justice, although the sky is falling, has been distorted into "for the money even if justice would be destroyed". As a result, prosecutors often are true role as the spearhead in the law enforcement process, but instead became a rapist vampire vampire-law and exploiting the values of justice from the law itself. Third, professional code of ethics (code of conduct) which is the moral standard of behavior for prosecutors no longer guided at the time of carrying out their duties and authority. In addition, an altruistic motivation to work in legal services was also abandoned, the prosecutors to put forward personal interests than the interests of the people's sense of justice. Fourth, no effective institutional oversight and disciplinary system for attorneys who have so far. This is caused by the implementation of monitoring systems which are influenced by a sense of solidarity to defend and protect their peers (l'esprit de corps). With a sense of solidarity mechanisms resulted in punishment (punishment system) can not walk properly. Fifth, the low level of welfare caused by the prosecutor salary system (remuneration) are still low. With the low remuneration often prosecutors seek the additional money through the sale by the case or a Broker Case (Mark). Then the question is what steps should be done to overcome the various problems mentioned above?.
The steps that can be done today as a way to overcome the corrupt behavior of the prosecutors mentioned above is to make corrections made as directed and comprehensive (total reform) in each sector, which includes, first, reform candidate recruitment mechanisms prosecutors. The need for reform and the design was held back for potential recruitment mechanisms that prosecutors have been due to a professional prosecutor, good quality and integrity are not born by itself, but only through the mechanism of birth and recruitment patterns that put forward the principles of transparency, accountability, participation and objectivity. Mechanism that gives priority to the objective qualifications and ability and integrity is believed to prevent the escape of individuals who are not candidates competent prosecutor and mentally battered. In addition, any candidate receiving the prosecutor should always be closely monitored by the public so as not to create a nuanced recruitment Corruption, Collusion and Nepotism (KKN). Second, reform of institutions and systems of supervision of the prosecutor. Way, the effectiveness of re-assignment and functions supervisory institutions, especially the regulatory institutions that are external and independent as the Commission Attorney. In addition, improved surveillance systems and mechanisms of the prosecutor is also a very important thing to do. Associated with improved surveillance systems and mechanisms should be done in an integrated manner, ie by using a systems approach (systems approach) and institutional approaches (institutional approach). Third, improve the level of welfare and salary (remuneration) for the prosecution. Related to improvements in this sector, should the government and relevant parties (stakeholders) need to establish other minimum standards for attorneys salaries adjusted to the needs of decent living standards and positions in which the prosecutor is placed. In addition, there is need for changes to the allowances and facilities for the prosecution and gives bonuses and rewards (rewards) to the prosecutor who has made achievements in carrying out his work. With the increase in welfare attorney can at least minimize the potential for prosecutors to seek additional money by selling things or become a broker case.
In addition to those three things, other things are also very important to be remedied in order to prevent corrupt behavior of the prosecutor is to improve the legal culture (legal culture) from the community. Culture or habit to always be won or settled the case in ways that are not in accordance with the procedures for legal danmelawan has been very rampant in society, from now on must be abandoned. Because, as long as people do not have the awareness to change the perspective in solving any legal problem, then the prosecutor the opportunity to have an honest, clean, and authoritative will increasingly closed and becomes a mere utopian.
We hope in the near future, the three steps above can be implemented by the Attorney General Hendarman Supandji, because we do not want to prosecutorial agencies continue to be home "comfortable" place of living and the bandits berlindungnya impersonate law enforcement officers. Ending this brief article, the author would like to quote a legal maxim that ever raised by a legal expert who says Taverne, "give me the judge, prosecutors, police and advocates of intelligent and moral, then the law is not perfect even be able to enforce the law and I justice ".
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