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: the Daily Pikiran Rakyat, 23 November 2009.
FACT Finding Team (TPF) Bibit Samad Rianto - Chandra M. Hamzah case or team leader Eight senior advocate Adnan Buyung Nasution has ended his tenure. After over two weeks to do a series of verification activities of some facts related to the chaotic case the twisted seed-Chandra, Tim Eight convey the outcome of the verification recommendations to President Susilo Bambang Yudhoyono (SBY), Tuesday (17/11). Result, there are five fact-finding team submitted recommendations to President SBY.
The fifth recommendation is that the team final, first, the team asked for the legal process of seed-Chandra cases cease immediately. Second, the team asked President Yudhoyono to impose sanctions that officials responsible for the legal process and at the same time imposed institutional reform and repositioning of personnel on the body police agencies, prosecutors, the Corruption Eradication Commission (KPK), and the Institute of Witness and Victims Protection (LPSK ). Third, the team asked the president to prioritize the eradication of brokers in all cases in law enforcement agencies, including the judiciary and the profession of advocates. Fourth, solve other cases are related, such as corruption cases and cases of PT Masaro pengadaaan SKRT Department of Forestry. Fifth, the president suggested that the state commission formed to create a comprehensive program with the direction and steps to improvement clear legal institutions, including professional organizations advocate.
When examined, legally there is nothing surprising in the final recommendations of this fact-finding team. Moreover, since the beginning of a trend that the police had difficulty in finding the evidence and complete supporting data to follow the legal process for cases to seed disangkakan-Chandra. With difficulty, to the extent that the police had to change several times a suspicion that a crime will be charged against the two commissioners Commission this off. Therefore, the impression of engineering becomes increasingly difficult to avoid. In fact, the team recommendation is to prove that there was something wrong with the scandal that happened Seed-Chandra.
Although the law says nothing surprising, the team recommended potentially very great difficulty for President Susilo Bambang Yudhoyono. Difficulties can occur if the President SBY was not bound by the recommendation of the TPF. However, for President Susilo Bambang Yudhoyono, a situation that there be a choice that is not easy. Moreover, the police had gone too far on the seed-Chandra. Not only that, so far the police are so sure of the status haqqul suspects and arrests have been made. In fact, so was confident, ready to Police Headquarters to be responsible for the actions of anyone who has done against seed-Chandra.
However, apart from the issue, the final recommendation of the team still has a strategic value in terms of providing clarification of the facts about the legal case against Chandra-Seed. As is known, the case popularly known as "alligator lizards versus" This has been widely absorbing khlayak leading to the birth of a sense of mistrust (distrust) the public against law enforcement officers and law enforcement process (law enforcement) in Indonesia. It's hard to imagine if there is distrust in the middle of the community seeking justice against the function of law enforcement in Indonesia. If the law is no longer trusted and no longer makes public law as a commander, would be chaos (chaos) in the life of nation and state.
Now, after a recommendation submitted to the president, the next agenda is awaiting action will be taken President SBY. Public awaits what steps he would take President SBY. Of course, not all the recommendations the team can be absolutely satisfied by President SBY. However, there must be at least one or two that must be decided rekomendsi expressly by the President SBY. Problem is that? It's up to President SBY.
Whatever decision the President SBY fragile public reaction. For that President SBY should be careful in sorting out and weighing the least of which cause public resistance. However, when looking at the current situation, the most plausible is to be carried out by President Susilo Bambang Yudhoyono is to meet the team recommendation. Even with that choice, President SBY should do something contrary to the actions taken by the police for this. This is the challenge for the firmness and the rule of President SBY. Now is the time President Susilo Bambang Yudhoyono said doubts about the determination as president given the highest authority to regulate the country.
After all, in fact it is not difficult for President Susilo Bambang Yudhoyono to implement it because the team also recommended that those who are alleged to have "the criminalization of the Commission", both in the Attorney General's Office and the Police, obtain an administrative sanction, even if the necessary strict legal sanctions. This option will save the image of President SBY as a person who is also mentioned in the taped conversation that was played at the Constitutional Court. President SBY decisive action, if really brave to implement the recommendations the team will be remembered throughout time as a serious presidential eradicate corruption and abuse of power in this country. Although this-grazed brinkmanship, but the negative implications for political legitimacy in the eyes of the people is very small than when President SBY to ignore it. In addition, the institution of the presidency, Kejaksaaan Court, and the Police will also be saved if the President SBY TPF dare implement these recommendations. Good image of the presidential institution will rise again. Image of the Supreme Court and the Police will also be restored.
Therefore, President SBY course of action does not stop there. TPF recommendations to the Attorney General's institutions and the police reform should also be noted by President SBY. One of the most fundamental thing is that both institutions were truly professional function in enforcing the law in this country, without being influenced by mob law or intervention by those who have political and economic power. The assumption that circulated in the community showed that the Attorney General, Police, or even the Supreme Court are particularly vulnerable to the intervention of political and economic power. Assumptions must ditepis with a bold political step by President SBY to reform state institutions related to law enforcement in this country. If not, the goal of making the law as commander of a utopian just something for this nation.