JAKARTA – “Legal, social, political and economic protection for the people must continue to be strengthened. The fulfillment of civil rights and democratic practices, the political rights of women and marginalized groups, must be guaranteed by the government. The law must be enforced fairly, without discrimination.
Security, social order and political stability are key. A sense of security and a sense of justice must be guaranteed by the state, especially by law enforcement officers and judicial institutions.
This excerpt from President Jokowi's speech at the MPR annual session at the Senayan Parliament Complex, Jakarta in the context of Indonesia's 77th Independence on Tuesday (16/8), seemed to be a trigger for law enforcement and judicial institutions to be able to carry out their functions properly. Work hard to protect the people from legal oppression.
The part of President Jokowi's speech on legal justice in Indonesia needs to be underlined. So far, public trust in law enforcement and judicial institutions in Indonesia tends to fluctuate. See the results of the survey by the Indonesian Survey Institute (LSI) on 27 June 2022-5 July 2022.
"The police stagnated at 72 percent, then the level of trust in the Prosecutor's Office increased in two months to 70 percent, the courts 60 percent to 65 percent, and the KPK 66 percent to 63 percent," said LSI Executive Director Djayadi Hanan during an online press conference at the end last July.
Regarding the results of the National Police survey which did not change from the previous one, Djayadi confirmed that he had not included the latest issue, namely the case of the murder of Brigadier J at the official residence of the former Head of the Propam Division, Inspector General Ferdy Sambo. The survey was completed before the incident occurred.
However, according to the Executive Director of Indonesia Review, Ujang Komarudin, law enforcement in Indonesia is still weak. Sharp down blunt up.
There are still many legal cases that oppress the small people that have not been handled properly. For example, cases of fighting over agricultural land between farmers and businessmen, about land mafia, judicial mafia, narcotics mafia, and many more.
"In the last 10 years it hasn't been really fair. The law is still selective. How can you sweep the floor if the broom you use is dirty,” he told VOI, Tuesday (16/8).
That is why, if you want law enforcement to run well, Human Resources (HR) in law enforcement agencies and judicial institutions must have integrity and courage.
Then, the president must also have the courage to tear apart the mafia. Because, they are the ones who make the law unbalanced.
“Many legal mafias are hiding under power. This is a classic problem created by a bad system. There are people who finance the elections, so when you get caught in a case, it's safe," continued Ujang.
However, the public must remain optimistic. One-sided law enforcement conditions often occur. Overcoming it is not as easy as turning the palm of the hand. Moreover, for matters related to power.
“It takes consistency and commitment from the government, law enforcement officers, and the people themselves. We really can. Just look at the case of Ferdy Sambo, which is currently on track, an appreciation for the President and the National Police Chief. I am also optimistic, the same thing can continue to be done, he explained.
Law and PowerLaw and power, according to the former Indonesian Minister of Law and Human Rights, Amir Syamsudin, are an inseparable part of society. The function of power over the law is clear as a means of forming laws, enforcing the law, and implementing the law.
While the function of law is a medium to legalize power. Legal legalization of power means establishing the legality of power from a juridical point of view. Not only that, the function of law against power is also to regulate and limit power. And, hold power accountable.
But in reality, the relationship between power and law often has its ups and downs. The issue of the formation of the KPK Law, the omnibus law on job creation, the COVID-19 Pandemic Emergency Law and changes to the UI statutes, for example, clearly illustrate the fundamental problems of the legal world in Indonesia.
"This issue indicates the dominance of power over the law, the manipulation of legal functions by the power holders," said the former Minister of Law and Human Rights in his article entitled 'The Moral Problem of Law Enforcement' in Kompas.
The existence of the new KPK Law still does not reduce the corruption that occurs. The Job Creation Law, which was made to encourage economic progress and investment, on the other hand could potentially become the most dangerous regulation for the working community.
A number of politicians and academics, continued Amir, even suspected that the omnibus law of the Job Creation Law could create practices of evil conspiracy among business actors, slavery in the economic sense, social violence, and so on.
“We need to re-learn to understand the law more correctly and fairly. The essence of law is basically a matter of values that describe morality, truth, and justice," Amir added.
The law must not be subject to power, it must not be a tool of the ruler or a tool of capitalists to protect the interests of the rulers or elite groups.
"We want the law that determines the existence of power and the law is made to protect the interests of the entire community, not the interests of the rulers or elites," said Amir Syamsudin.
As stated in President Jokowi's speech, that law enforcement in Indonesia must be applied indiscriminately. The law should not be sharp down, but blunt up.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
