Attorney General's Warning: Remember! The Source Of Law Is Moral, And In Moral Is Conscience

Attorney General ST Burhanuddin (Photo: Antara)

JAKARTA - Attorney General ST Burhanuddin reminded all law enforcement officers, especially prosecutors, that the source of law is morals, and within morals there is conscience.

"Remember! The source of the law is morals, and in morals there is a conscience. I as the Attorney General do not need a prosecutor who is smart but immoral, and I also do not need a prosecutor who is smart but not with integrity. What I need are prosecutors who are smart and with integrity," said the Attorney General, in Purwokerto, Banyumas Regency, Central Java, as reported by Antara, Friday, September 10.

According to him, the professionalism of a prosecutor will be perfect if he can balance intellectuality and integrity.

"I strongly believe that every human being has and is able to use a conscience. Therefore, I do not want the prosecutors to carry out arbitrary prosecutions, without seeing the sense of justice in society. Remember, the sense of justice is not in the text book, but is in the conscience," he said.

Thus, he said, you should never pawn your conscience, because it is the purest gift that humans have and it is a reflection of the nature of God, who is merciful and merciful.

Burhanuddin further said that justice is the main goal of the law, but it does not mean that other legal goals, namely certainty and benefit are marginalized.

"When legal justice, legal benefits, and legal certainty mutually negate each other, conscience becomes a bridge to reach the balance point," he said.

According to him, conscience is not the goal of law, but rather a catalytic instrument to embrace, unite, and realize the three legal goals at once.

When the benefits of law and legal certainty based on conscience have been achieved simultaneously, he said, legal justice will be fully realized.

"There is a conscience component that has a big role in realizing legal justice, I call it Law Based on Conscience," he explained. He said the higher the value of using conscience, the higher the value of legal justice that can be realized.

He also cites Sudikno Mertokusumo and A Pitlo's writings on Chapters of Invention which state that law without justice is useless, and law without purpose or benefit is also unreliable.

"Law based on conscience is a way to realize true legal justice based on the benefits of law and legal certainty which are achieved simultaneously by involving conscience," he asserted.

Furthermore, Burhanuddin said that restorative justice is the settlement of criminal cases by involving the perpetrator, victim, family of the perpetrator or victim, and other related parties to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation.

According to him, the philosophy of the Prosecutor's Office on Restorative Justice is to protect the underprivileged. The essence of Restorative Justice, namely "restoration.

"The restoration of the peace that had faded between victims, perpetrators and the community," he also said.

He said the Prosecutor's Regulation on Restorative Justice, which was promulgated on July 22, 2020, coincided with the 60th Adhyaksa Bhakti Day and at the same time became a gift for law enforcement in Indonesia.

"I believe this Prosecutor's Regulation will be a momentum that changes the 'face of law enforcement in Indonesia'. There will be no more cases like Granny Minah and Grandpa Samirin that will reach the court. There will be no more law enforcement that only sees legal certainty, and there will no longer be laws that are only sharp downwards," said Burhanuddin.