Observer: Law Enforcement is a Mirror of the Quality of Democracy

JAKARTA - Legal and political observer, Pieter C. Zulkifli, said that the rule of law must remain the foundation of state life. Because according to him, only power that is subject to the constitution, ethics, and justice is able to maintain the legitimacy of the state in the eyes of the people.

Pieter also emphasized that law enforcement is not merely a matter of implementing rules, but a mirror of the quality of democracy and the direction of a nation. He emphasized that when the law is perceived to lose its independence, what is at stake is not only a sense of justice, but also public trust in the state.

"The rule of law is not tested when everything goes normal, but when the power has the opportunity to go beyond the limit, but chooses to remain subject to the constitution and justice. 'Justice is the first virtue of social institutions'," said Pieter Zulkifli in Jakarta, Saturday, June 27.

Pieter Zulkifli also said that justice is the first virtue of every social institution. He then alluded to the political philosopher John Rawls who reminded when justice shifted to merely a tool of interest, the state slowly lost its moral foundation. "The law is still standing, but people's trust collapses," he said.

According to Pieter, Indonesia has actually long understood that economic progress cannot be separated from the quality of law enforcement. Investors come not only because of abundant natural resources or large markets, but because of legal certainty. "The business world needs clear rules, fair treatment, and guarantees that the law does not change according to the political wind," he said.

Unfortunately, said Pieter, recently there has been a growing restlessness. In the midst of an economic condition that has not fully recovered, the public is facing rising prices for basic necessities, while purchasing power is weakening. "Many business actors complain of declining income. The industry is under heavy pressure. The budget deficit continues to grow, while financing through debt is only a short-term solution that does not touch the root of the problem," said Pieter.

In such a situation, Pieter assessed, the government should focus its energy on strategic agendas, namely strengthening the investment climate, increasing national productivity, improving the quality of human resources, and building legal certainty. According to him, it is in this condition that the country is tested.

"A leader is not judged by the number of programs launched, but by his ability to determine the correct priorities," he said.

Pieter Zulkifli said that this priority could not be achieved without a strong legal system. Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia explicitly states that Indonesia is a state of law. He explained, the constitution is not merely a normative declaration, but a mandate for all state organizers to place the law as the commander in every decision-making.

"Law enforcement will gain legitimacy if it is carried out professionally, honestly, independently, and based on the principles of good governance," he explained.

On the other hand, continued Pieter, the weakness of the legal system is generally rooted in a number of fundamental problems, ranging from the low integrity of law enforcement officials, corruption in the judicial system, political power and political interests, overlapping regulations, to inequality of access to justice.

"When these issues are left, the law loses its authority as a protector of the rights of citizens. As a result, what is born is not certainty, but public distrust of state institutions," he said.

Pieter Zulkifli emphasized that the legal crisis will eventually spread into a multidimensional crisis. Without legal certainty, he said, it is difficult to establish social order, protect the rights of citizens, or create a healthy business climate.

In the long term, he added, the country risks being trapped in uncertainty, weakening democracy, and even systemic damage. Because democracy and the law are like two sides of the same coin. "They both support each other; when one of them weakens, the direction of the country's journey can easily deviate from the ideals of the constitution," he added.

Furthermore, Pieter Zulkifli said that countries that are now the world's economic powerhouses show a pattern that is almost similar. China, for example, not only builds infrastructure and industries.

"For decades, the country has sent thousands of its best sons and daughters to study at various world universities with the full support of the government. After returning, they are given space to conduct research, develop technology, and strengthen the national industry. Education, research, and law enforcement go hand in hand," he explained.

Not only that, he revealed that four decades ago China also faced serious corruption problems. However, institutional reforms were carried out gradually to give birth to a relatively more effective bureaucracy. "It does not mean that the system is perfect, but there is consistency in building institutions. Because strong laws are not born out of fear, but from certainty and consistency," he said.

Therefore, Pieter Zulkifli believes that Indonesia should take an important lesson. Support for research is still far from adequate. According to him, many of the best talents are looking for a space to grow abroad because they feel undervalued in their homeland. But ironically, creativity and innovation are often faced with confusing regulatory and legal processes.

"This is where the most fundamental problem arises. Law enforcement must not give the impression of being carried out to fulfill the interests of power or become an instrument for resolving political conflicts," he said.

Pieter said the constitution had given a clear direction that Indonesia was a state of law, not a state of power. Therefore, every legal process must be based on evidence, trial facts, and the principle of justice, not on perceptions or momentary interests.

"In the perspective of legal philosophy, the purpose of law enforcement is not merely to punish, but to present justice that is able to balance legal certainty, usefulness, and universal moral values," he said.

Pieter Zulkifli then exemplified Gustav Radbruch who taught that good law must maintain a balance of three basic values proportionally: justice (Gerechtigkeit), namely the equality of rights and equality of every citizen before the law. Then, usefulness (Zweckmäßigkeit), namely the law must present the greatest benefit for the community; and legal certainty (Rechtssicherheit), namely the existence of clear rules so that the community is protected from arbitrariness.

"These three values must not be conflicted, but must go hand in hand. Legal certainty without justice will create rigidity. Justice without legal certainty has the potential to create uncertainty. Meanwhile, the benefits that ignore morality will only make the law a pragmatic tool of power," he explained.

Pieter Zulkifli emphasized that every state organizer bears a moral responsibility to carry out the people's trust with dignity, uphold the truth, and enforce the law without discrimination. He also quoted the French philosopher Montesquieu who once reminded, 'There is no greater tyranny than that which is perpetrated under the shield of law', that is, there is no greater tyranny than the tyranny that is carried out in the name of the law.

"That sentence is still relevant today. When the law loses its independence, not only individuals are harmed, but the entire economic system pays a high price. The business world becomes hesitant to take risks. Investors choose to wait. Job creation slows down," he said.

Pieter Zulkifli stated at the same time, the public also hopes that every government program is really directed for the benefit of the people, not to be a political consolidation space or a tool to build the loyalty of certain groups. Social programs, economic development, cooperatives, and strategic policies must be managed professionally, transparently, and accountable.

"The state must not give room for the emergence of the perception that public policies are used for interests outside the interests of the wider community," he said.

Furthermore, Pieter emphasized that moral voices should not disappear. Religious figures, academics, intellectuals, media, and civil society have the same responsibility to continue to remind state organizers to continue to run in the ethical corridor. "Power without moral control will easily slip into arbitrariness," he said.

The former Chairman of Commission III of the Indonesian House of Representatives also quoted Aristotle's statement who once said, 'The law is reason free from passion', where hukm is common sense that is free from passion. According to him, this simple sentence is actually a reminder for anyone who is holding power. Because power will always come and go, but justice is the legacy that determines whether a nation is respected or remembered for having ignored it.

In the end, he said, Indonesia is not lacking in resources, nor is it lacking in smart people. What is most needed today is the courage to put the law back on its feet: as a guardian of justice, not a servant of power.

"Because when the law stands on integrity and conscience, the economy will grow, investment will come, the public will gain certainty, and the younger generation will learn that honesty is still the best way to build the nation's future," he concluded.