Monday, December 21, 2009

Rule of Law : between formality and Justice

Chapter 1

previously imagined, through the media, in the last few months in the year 2009 a bad face on view of law enforcement are obvious to the public. In fact, on the screen, it becomes ugly face Like a reality show which unfortunately passed for a second. This is the moment when the public is made more literate legal, political and often wrapped. Anggodo Widjojo major roles in the spectacle. Following, Chandra Marta Hamzah, Bibit Samad Riyanto, Team 8, Minah, Prita Mulyasari, and several others. Getting him the consequences of the law, they were then asked about the legal status of Anggodo Widjojo, following the recorded conversations fugitive brother Anggoro technocrats with several parties who played in the Constitutional Court. Like it or not, then comparing the public, good fortune that seemed to overshadow even Anggodo are still strolled freely, with bad luck and Prita Minah. Basar also Suyanto and Kholil, Bujel Village residents, Mojoroto, Kediri, who was tried for stealing a watermelon, then Manisih (39) and two children, namely Jowono (16) and Rustono (14), and his cousin Sri Suratmi (19), citizen Kenconorejo Village, Sub Tulis, Batang, who took cottonwood cottonwoods found in plantations.

They seemed to be an icon of irony that only law enforcement dared to touch the destitute and poor people are helpless against. Indeed, the formal legal process against Minah, Manisih family, and other common groups, not wrong. But on the other side of the law often forgotten, they were raised and schooled in order to become human beings more virtuous and wise. Moreover, public trust law verses to them. The debate was developed, the law should not become a dead soul who does not have a guarantor of justice. Of course, the law enforcers argue, has been working according to the procedure and the principle of formality. But they forget, how often people have been hurt by the number of deviant behavior of law enforcement. This is what makes sense of justice torn.

The debate about the sense of justice and legal certainty has actually surfaced long ago. In a discussion in Jakarta, Expert Staff of the Judicial Commission Arnold said, there are many differences between the two was due to entering the legal philosophy. Often, the name of legal certainty, justice marginalized. In fact, the essence of law is to bring a sense of justice itself. Anggodo and Minah cases may simplify our thinking. Some time ago, one of the media in a full page to compare the head to head between the 1.5-month sentence with a 3-month trial period to Minah, and imposed a suspended sentence to former Supreme Court Chief DPRD Jateng Mardijo. Case than they helped, Minah stole three cacao fruit for Rp 2100, while corruption Mardijo USD 14.8 billion. Please if you want to contemplate this. Related sense of justice, Attorney General Hendarman Supandji express his opinion. Sense of justice, she did not think would meet, because everyone has their own sense of justice. In law, justice obtained in court.

Want''brought a sense of justice, outside the (court) will not be met. Would not have met, justice-justice that. We already have a system, let's take it to court,''he said. Not Simply text Prof. Satjipto Rahardjo, in some of his writings, diligently writing about the law that is understood by conscience. Law understood not as a mere text, but related nature of human thought and conscience who launched it. According to him, the concept of law as a mere text needs to be supplemented as the legal awareness of behavior. Emeritus Professor of the Sociology of Law refers to Undip Prita Mulyasari case. Law enforcement officers who work with conscience, will produce a different decision than if only the legal text spelling. Unfortunately, the lesson to the conscience of law enforcement is not taught at the university. Satjipto opinions in line with the material of the discussions held progressive laws in Jakarta, recently. The core discussion expressed the need for social justice courses are taught in law school. Social justice''should be a new perspective in the legal world,''said Uli Parulian Sihombing, director of the Indonesian Legal Resources Center, which became one of the speakers discussion.

Law is expected to compensate for the progressive mindset that often the legal community-positivistic legal thinking. Still in the same discussion, the Chairman of the Constitutional Court declared Mahfud Md. disagree if justice can only be found in the courts. Moreover, recent indications of judicial mafia more real. If since the beginning in the handling of the case there is something that is not true, then why should be forwarded to the court. While in court, the litigants come looking for victory, not justice. The Dean of Faculty of Law, Airlangga University Muchammad Zaidun states, currently the preferred law enforcement legal certainty than the justice and legal benefits. Still imprint in our memory, in the year 2006, law enforcement is only based on legal certainty to be hot topics.

Due to a fight with his older class, alias Raju Azwar Muhammad who was then 8-year-old was arrested and tried in the District Court Branch Stabat Pangkalan Brandan, Langkat, North Sumatra. In fact, when arrested, Raju placed in the same cells with adult prisoners. At that time, the judge who insists on hearing the boy kept running legal process for enforcement and legal certainty. This is what then makes grim Munarman, who was then chairman of the Indonesian Legal Foundation. Munarman's attitude after he compared the fate of Raju by Tommy Suharto, who in 2006 were still detained in Nusakambangan, but often out of jail. ''It shows law enforcement in the republic is still discriminatory and only for small people. Law only on the side of those powerful, both politically and economically,''he said.

Professor in the Faculty of Law University Eleven March (UNS), Prof. Dr. Sulistyono Adi said, actually there are some gaps to improve the condition, so that law can be authoritative again. Among other things, the president must have a commitment to strict law enforcement and provide exemplary. "In this case, the president must stand in front to reform the institutions under it, the police and prosecutors," he said. In addition, this nation must have the Attorney General, National Police, and the leadership of the Supreme Court a credible and authoritative. Adi argues, in the eradication of corruption, police and judiciary institutions are too weak and equivocal. "The Attorney General's office, cases involving large enterprises or conglomerates, the handling is not clear. In the Supreme Court, too, there are 60 per cent of cases of corruption there is acquitted, "he said. In addition, political parties winning the election, sitting in the House of Representatives Commission III, must have a strong commitment to law enforcement. In the selection of nominees, must be proportional. The press, academics, and NGOs, was also charged with corrections. . . . to be continu,,,,,

2 komentar:

knowingarea on 12:02 said...

Nice article

kararas on 12:04 said...

Like this

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