Rabu, 25 Desember 2013

artikel hukum

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Law Enforcement between Hope & Reality

Oleh : Drs. M. Sofyan Lubis, SH.

Law enforcement is responsible (accountable) can be interpreted as an implementation effort of law enforcement that is accountable to the public, the nation and the state relating to the rule of law in the legal system, it is also related to the usefulness of law and justice for the people. Law enforcement is not able to be separated by the legal system itself. Moderate legal system means a part of the processes / steps that must be executed interdependent and obeyed by Law Enforcement and Society that led to the establishment of the rule of law.

It is common knowledge that law enforcement in Indonesia is very alarming, in addition oddly never a deterrent for the people continue to violate the law, so that the community has been very well trained how to handle in case of violations of the law is doing, whether it is a violation of traffic, or general offense-offense conduct, or committing a crime of corruption, not a problem. Most of the people we have trained properly how to influence the legal process run so that he could be released from the snare of his sentence. This fact is one of the indicators of poor law enforcement in this country.

Although there are no comprehensive measures need to build an accountable system of law enforcement, among others

1). The need for improvement or updating and supplementing existing laws and regulations that exist, for example, need to be followed up with a government regulation (PP) Act No.4 of 2004 mainly governing criminal sanctions for violators of the Code of Criminal Procedure, particularly for those who arrested, detained, charged, or prosecuted without a clear law, or for errors or legal person who applied as defined in Article 9, paragraph (2) of Law no. 4 of 2004 on Judicial Power,

2) Improve the quality of human resources (HR) Law Enforcement in terms of both morality and intellect, not least because the current Law Enforcement, did not understand well the legal ideals are upheld;

3). The establishment of an independent institution by the Government whose members consist of elements of intelligent society (non-active judges, prosecutors and police active) aimed at overseeing the law enforcement (law enforcemen ') in which the agency will recommend that the authorities gave sanction for law enforcement officers who violate the laws of morality and / or violate the law enforcement process [vide: Article 9, paragraph (1) and (2) Act No.4 of 2004 on Judicial Power, Jo. Article 17 Jo art. 3 paragraph (2) and (3) Jo. Psl.18 paragraph (1) and (4) of Law 39 of 1999 on Human Rights (Human)],

4) Keep doing additional standardization and adequate welfare provision, especially for law enforcement on the payroll are: Judges, Prosecutors and Police (Non-Advocate) for their professionalism as the bulk of law enforcement in Indonesia is more focused in their work to enforce the law in accordance of the law itself objectives;.

5) The conduct of the socialization of law and legislation intensively to the public as a consequence of the principle of law that says that: "every society deemed to know the law", even if the product is new law passed and promulgated and published in the State Gazette. Here the role of Legal Aid or Legal Aid-Legal Aid and NGOs or similar organizations is needed, especially in doing "advocacy" to the laws and regulations can actually promoted and adhered to by all of the components that exist in this country in order to achieve goals the law itself;.

6). Build determination (commitment) with the enforcement of the law is consistent. This commitment is expected to be born primarily initiated and initiated by the "House of Chess" Law Enforcement or 4 elements, namely: Judge, Lawyer, Attorney and Police, and commitment to follow and be followed by the whole society;

But the measures suggested above to build an accountable legal system certainly can not run smoothly without the full support of the Government of clean ('clean government'), because the rule of law ('law enforcement') is part of the legal system of government. Governments ('lapuissance de executrice') should guarantee the independence of law enforcement agencies in this institution subordinate "attorney" and "police" because the real security of law enforcement institutions are political platform of the government law that seeks Conditioning governance-conscious behavior of Indonesian society and comply with the law in the life of the nation. Law enforcement and accountable is fundamental proof that Indonesia is really a state law ('rechtsstaat'). In addition, people should be informed of the criteria / measures are used as the basis for assessing a law enforcement accountable to the public in order to create a culture of control of society, without which good law enforcement in Indonesia is only in the Republic of Dreams. (April 2007)