Task Force (Task Force) Eradication Mafia Law by President SBY is a bold step and at the same time implies recognition of the existence of legal mafia organization in the practice of the criminal justice system for 65 years of Indonesian independence.
Mafia laws in Indonesia are identical with the web of the Underworld government that has the destructive power of the state security and government authority, including law enforcement agencies. Gambling nationalism and determination in combating mafia law is in the public eye exam in the country and abroad. However, the formation of Task Force Legal Mafia Eradication is not an appropriate solution to prevent and cope with the existence of mafia right hukum.Yang Commission should strengthen its presence as well as coordination and synchronization between the Commission, the Police, and Attorney.
The legal status of the Task Force and law enforcement agencies so that there is no visible presence of task force commensurate to be "outside" the criminal justice system. Mission President to eradicate mafia difficult to run with the legal status of such Task Force. In addition, the Presidential Instruction on the achievement of targets and indicators of success of the eradication of corruption by police and prosecutors less precise. Because the attainment targets and success indicators are true is one indicator of the budget provision of operational policing and prosecution. However, in practice, the parameters (benchmarks) are used as reasons for the success of police and prosecutors for the purpose of achieving attainment of quantity rather than quality of case handling korupsi.Tujuan last achievement conditio sine qua non of goal attainment quantity.
DIRECTIONS
Currently, the direction, goals and mission of law enforcement in combating corruption is not clear anymore. Only the consideration of two objectives that are not balanced as well as return loss (financial) state failed to significantly compared with its budget that has been issued for the three law enforcement agencies. On the other hand, the purpose of punishment to frighten the perpetrator is not achieved because in addition to the maximum discretion permitted treatment Penal Law, as well as discretion according to the Criminal Code since the investigation to prosecution. This berekses discriminatory, especially for actors who do not have the political strength and power of money.
For example, granting remission and parole; SP 3 and SKPP. Different treatment has a negative impact on the problem of legal protection and legal certainty both for the sake of the country or for the interest they called "corrupt". The discourse of hatred against corrupt lately has been drifting away from international norms recognized in the eradication of corruption such as the UN Convention on Anti-Corruption Convention in 2003 because it did not connect the eradication of corruption with no menyalatkan agama.Wacana corrupt corpse is an example than this and never appeared in Islamic countries though.
Errors of views on the appropriateness of capital punishment for criminals is not only because the right to human life belongs to God Almighty, but how to live one's rights revoked in law enforcement practices that are now occurring corruption. In this condition, keep in mind the opinion of criminal law experts developed countries, "Better to let 100 people guilty than to punish one innocent person." Truth material in corruptive practices of law enforcement depends on the owner's sheer power, not on the principles applicable law and based on the precepts belief in Almighty God and the precepts of a just and civilized humanity.
Disorientation
Current law enforcement practices are experiencing disorientation performance of the trust which was ordered in the 1945 Constitution and its amendments. First disorientation, police, prosecutors and judges today seem to lose identity because of the presence of an external supervisory body such as the Judicial Commission, the Commission Prosecutor and Police Commission. In addition to effective yet also appears to exist a strong desire to enter too much work these law enforcement agencies that are contrary to law.
The strength of social criticism and a free press often creates uncertainty in performing law enforcement duties and authority of properly according to applicable law. Second disorientation, no longer clear boundaries of internal and external control systems in law enforcement. What happened "internal controls" performed by civil society, should be by an internal watchdog (Inspector General, etc.), and "external control" made by "insiders" that law enforcement agencies here sendiri.Di not clear anymore who is watching whom.
More no longer clear to whom all the control functions must be accounted for, the House of Representatives as a watchdog of government performance (executive) or to the people of Indonesia, or civil society anywhere and anytime you want the people of Indonesia, or only to a president only. Third disorientation, expertise who "monopolized" by the academics in addressing the problem of enforcement of current hukum.Yang had grown, no longer clear the difference between an "intellect worker" and an "intellectual".
This was as ever leveled by Widjojo Nitisastro, citing the opinion of Baran. Widjojo explained that, an "intellectual workers", he's just "selling his brain" and do not care for what the brain was used "; on the contrary, an" intellectual "has a different mental attitude: in principle an intellectual is a critic of society ... he became "the conscience of society" and spokesperson for progressive forces, like it or not he is considered "troublemakers" and annoying by the ruling class who tried to defend the ada.Pernyataan Widjojo suitable in the current reform era. Disorientation fourth, enforcement of current law specifically relating to economic actors do not support / strengthen the national economic system, but even "undermine" the efficiency and effectiveness and productivity of economic actors.
Even away domestic and foreign investment to strengthen the economy nasional.Ada many reasons and among them is the negative excesses "extortion" and "coercion" that brings financial gain by unscrupulous law enforcement is greater than the current judicial process fair, equitable and beneficial to the nation and countries. The exact cause of this condition is the ideology of globalization has encouraged the nation's life that are hedonistic deify mere material; far from the inner well-being for masyarakatnya.Pola socio-cultural and economic life for a moment had been "condemned" this nation's children into the life described by Hobbes, " man is like a wolf against his neighbor "(homo homini lupus bellum omnium contra omnes).
Hobbes's statement is now accepted in the practice of law enforcement. Disorientation fifth, there is a fundamental mistake about the punishment that is seen as the only means to penjeraan and repentance even if the necessary capital punishment. The purpose of the establishment of law and law enforcement in the National Medium Term Development Plan (RPJMN) Year 2010-2014, did not prioritize the purpose of revenge but rather putting purpose of strengthening the national economic development. Development Plan also contained no intent to create new classes, "corruptor", in Indonesian society.
The only legitimate authority is a court sentence. Serving time in prison is a vehicle for penance. Instantly the relevant finished serving, should be unforgivable sins. There is no right of the state or anyone to "extend" a person suffering exceeds the penalty which was imposed by a court order.
Ruthlessness in law enforcement must be stopped by anyone against anyone in this beloved country if the intention of becoming a nation that berketuhanan the Almighty, maintain and defend the precepts of just and civilized humanity. (*)
Prof Romli Atmasasmita
Mafia laws in Indonesia are identical with the web of the Underworld government that has the destructive power of the state security and government authority, including law enforcement agencies. Gambling nationalism and determination in combating mafia law is in the public eye exam in the country and abroad. However, the formation of Task Force Legal Mafia Eradication is not an appropriate solution to prevent and cope with the existence of mafia right hukum.Yang Commission should strengthen its presence as well as coordination and synchronization between the Commission, the Police, and Attorney.
The legal status of the Task Force and law enforcement agencies so that there is no visible presence of task force commensurate to be "outside" the criminal justice system. Mission President to eradicate mafia difficult to run with the legal status of such Task Force. In addition, the Presidential Instruction on the achievement of targets and indicators of success of the eradication of corruption by police and prosecutors less precise. Because the attainment targets and success indicators are true is one indicator of the budget provision of operational policing and prosecution. However, in practice, the parameters (benchmarks) are used as reasons for the success of police and prosecutors for the purpose of achieving attainment of quantity rather than quality of case handling korupsi.Tujuan last achievement conditio sine qua non of goal attainment quantity.
DIRECTIONS
Currently, the direction, goals and mission of law enforcement in combating corruption is not clear anymore. Only the consideration of two objectives that are not balanced as well as return loss (financial) state failed to significantly compared with its budget that has been issued for the three law enforcement agencies. On the other hand, the purpose of punishment to frighten the perpetrator is not achieved because in addition to the maximum discretion permitted treatment Penal Law, as well as discretion according to the Criminal Code since the investigation to prosecution. This berekses discriminatory, especially for actors who do not have the political strength and power of money.
For example, granting remission and parole; SP 3 and SKPP. Different treatment has a negative impact on the problem of legal protection and legal certainty both for the sake of the country or for the interest they called "corrupt". The discourse of hatred against corrupt lately has been drifting away from international norms recognized in the eradication of corruption such as the UN Convention on Anti-Corruption Convention in 2003 because it did not connect the eradication of corruption with no menyalatkan agama.Wacana corrupt corpse is an example than this and never appeared in Islamic countries though.
Errors of views on the appropriateness of capital punishment for criminals is not only because the right to human life belongs to God Almighty, but how to live one's rights revoked in law enforcement practices that are now occurring corruption. In this condition, keep in mind the opinion of criminal law experts developed countries, "Better to let 100 people guilty than to punish one innocent person." Truth material in corruptive practices of law enforcement depends on the owner's sheer power, not on the principles applicable law and based on the precepts belief in Almighty God and the precepts of a just and civilized humanity.
Disorientation
Current law enforcement practices are experiencing disorientation performance of the trust which was ordered in the 1945 Constitution and its amendments. First disorientation, police, prosecutors and judges today seem to lose identity because of the presence of an external supervisory body such as the Judicial Commission, the Commission Prosecutor and Police Commission. In addition to effective yet also appears to exist a strong desire to enter too much work these law enforcement agencies that are contrary to law.
The strength of social criticism and a free press often creates uncertainty in performing law enforcement duties and authority of properly according to applicable law. Second disorientation, no longer clear boundaries of internal and external control systems in law enforcement. What happened "internal controls" performed by civil society, should be by an internal watchdog (Inspector General, etc.), and "external control" made by "insiders" that law enforcement agencies here sendiri.Di not clear anymore who is watching whom.
More no longer clear to whom all the control functions must be accounted for, the House of Representatives as a watchdog of government performance (executive) or to the people of Indonesia, or civil society anywhere and anytime you want the people of Indonesia, or only to a president only. Third disorientation, expertise who "monopolized" by the academics in addressing the problem of enforcement of current hukum.Yang had grown, no longer clear the difference between an "intellect worker" and an "intellectual".
This was as ever leveled by Widjojo Nitisastro, citing the opinion of Baran. Widjojo explained that, an "intellectual workers", he's just "selling his brain" and do not care for what the brain was used "; on the contrary, an" intellectual "has a different mental attitude: in principle an intellectual is a critic of society ... he became "the conscience of society" and spokesperson for progressive forces, like it or not he is considered "troublemakers" and annoying by the ruling class who tried to defend the ada.Pernyataan Widjojo suitable in the current reform era. Disorientation fourth, enforcement of current law specifically relating to economic actors do not support / strengthen the national economic system, but even "undermine" the efficiency and effectiveness and productivity of economic actors.
Even away domestic and foreign investment to strengthen the economy nasional.Ada many reasons and among them is the negative excesses "extortion" and "coercion" that brings financial gain by unscrupulous law enforcement is greater than the current judicial process fair, equitable and beneficial to the nation and countries. The exact cause of this condition is the ideology of globalization has encouraged the nation's life that are hedonistic deify mere material; far from the inner well-being for masyarakatnya.Pola socio-cultural and economic life for a moment had been "condemned" this nation's children into the life described by Hobbes, " man is like a wolf against his neighbor "(homo homini lupus bellum omnium contra omnes).
Hobbes's statement is now accepted in the practice of law enforcement. Disorientation fifth, there is a fundamental mistake about the punishment that is seen as the only means to penjeraan and repentance even if the necessary capital punishment. The purpose of the establishment of law and law enforcement in the National Medium Term Development Plan (RPJMN) Year 2010-2014, did not prioritize the purpose of revenge but rather putting purpose of strengthening the national economic development. Development Plan also contained no intent to create new classes, "corruptor", in Indonesian society.
The only legitimate authority is a court sentence. Serving time in prison is a vehicle for penance. Instantly the relevant finished serving, should be unforgivable sins. There is no right of the state or anyone to "extend" a person suffering exceeds the penalty which was imposed by a court order.
Ruthlessness in law enforcement must be stopped by anyone against anyone in this beloved country if the intention of becoming a nation that berketuhanan the Almighty, maintain and defend the precepts of just and civilized humanity. (*)
Prof Romli Atmasasmita
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