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Political Corruption and Economic Law

Corruption is an urgent problem that must be addressed, in order to achieve economic growth and a healthy stretching. Various records of corruption every day reported by the mass media both print and electronic, reflected the increase and development of models of corruption. Anti-corruption rhetoric was not powerful enough to stop this despicable practice. Regulation of legislation that is part of the political law made by the government, become meaning less, if not accompanied with sincerity for the manifestation of the legislation that exists. Political law is not enough, if there is no recovery against the executor or legal actors. Constellation such as this reinforce the political reasons of law which was designed by the government not only meets the meanstream more is happening.
Political dimensions of law which is a "policy enforcement" or "enactment policy", is the dominant policy implementation in developing countries, where legislation is often used as a political instrument by government, the rulers rather, to things that are negative or positive. And draft legislation with the dimensions of such a dominant place in Indonesia, which actually opened the door for the entry of corrupt practices through the weakness of legislation. Look at the economy law Juwana Hikmahanto analysis, such as Limited Liability Company Act, Capital Market Law, Mortgage Law, Corporate Documents Act, Bankruptcy Law, Banking Law, Competition Law, Consumer Protection Law, Law Construction Services, the Law on Bank Indonesia, the Foreign Exchange Law, Arbitration Law, Telecommunications Law, Fiduciary Law, Trade Secrets Law, the Law on Industrial Design Law and many other economic areas. Almost all legislation that has the dimensions of the political policy of the law "enforcement policy", and give space to the occurrence of corrupt practices.
The fact that happened shows that industrial countries can no longer patronize the developing countries about corruption, because through korupsilah social-economic system is broken, both developed and developing countries. Even in his book "The Confesion of Economic Hit Man" John Perkin reinforce the role of the superpower countries like the United States through donor agencies such as IMF, World Bank and Multinational companies ensnare developing countries like Indonesia in the pools of rampant corruption and foreign debt trapped in the outer unusually large, entirely corrupted by the Indonesian authorities at the time. This is done in doing the hegemony of economic development in Indonesia, and succeeded. Democratization and Corruption Metamorphosis shift system, through the collapse of the power of icons New Order, Soeharto. Bring blessings for the growth of the life of democratization in Indonesia. Reform, so many people call these changes. But unfortunately the reform should be paid handsomely by Indonesia through the collapse of the economic foundation that is "Buble Gum" that every time it is ready to explode. Hypocrisy (Hipocrasy) becomes a powerful weapon for fooling the people. However, what the people want warning was never realized, and lulled by the gentle rebound neat song and word of mouth hipocrasi born of the progressors the ideals and character of the new order. Once corruption is centralized at the center of power, as regional autonomy or decentralization, followed by the decentralization of financial management, corruption has a significant equity and growth. The shift system that the authors explain, shared by Susan Rose-Ackerman, who saw the case in Italy, Rose explains democratization and free market is not the only means of deterrence of corruption, authoritarian government's shift to democratic governance is not necessarily capable of displacing the tradition of bribery. Corruption exists in every social system, feudalism, capitalism, communism and socialism. Law required effort as a mechanism of social solutions to resolve conflicts of interest, stacker personal wealth, and the risk of bribery. There must be a painful legal pressure for the corrupt. Corruption in Indonesia has brought disharmony of political-economic-social, charts the growth of the number of poor people continues to rise because of corruption.
In the life of democracy in Indonesia, corruption more easily found dipelbagai areas of life. First, because of the weakening of social values, personal interests become more mainstream choice than the public interest, and ownership of individual objects into personal ethics that underlie social behavior of most people. Second, there is no transparency and accountability of public integrity system. Bureau of public services actually used by public officials to pursue personal political ambitions, solely for the sake of promotion and advancement. While the quality and quantity of public services, not the main priorities and orientation. And two reasons for this burst in Indonesia, public services have never termaksimalisasikan because of corruption and democratization actually facilitate corruption. Uncertainty Corruption and Economic Development At the beginning of the paragraph the authors explain that corruption always lead to economic development situation is uncertain. Uncertainty is not beneficial for economic growth and healthy business. The private sector is difficult to predict business opportunities in the economy, and to make a profit then they would not want to be involved in a major conspiracy of corruption. High cost economy faced by businessmen, so that investors are reluctant to invest into the real sector in Indonesia, even if investors are interested they prepare to invest in the financial sector in financial markets.
One important element to stimulate private sector development is to improve the flow of foreign investment (foreign direct investment). In this context, corruption is often the additional tax burden on the private sector. Foreign investors often respond negatively to this Hali (high cost economy.) Indonesia can achieve the optimal level of foreign investment, if Indonesia prior to minimize high cost economy caused by corruption. The practice of corruption is often interpreted in a positive way, when this behavior becomes an effective tool to relieve tension and rigidity to penetrate the bureaucracy of government administration and political channels are closed. Political tensions between politicians and bureaucrats are usually effective mitigated through corrupt practices that meet their personal interests. Parallel with Mubaryanto opinion, which says "There is never equate economic disease inflation and corruption. Inflation, which has been a hyperinflation in 1966, managed to overcome our technocrats. Unfortunately now there are no signs we are able and willing to overcome the problem of corruption, although corruption is really a terrible outbreak. Apparently the problem of inflation more technical nature so that economics as monodisiplin relatively easy fix. Instead of corruption is a socio-cultural issues and politics, so that economics alone is not able to cope. Even worse economics tend not even dare to fight corruption because it is considered "not too disturbing development." Inflation is also considered to be "more exciting" development, to "expand the market" for luxury goods, which are produced. "The business world does seem more excited if there is corruption"! Whatever the reason, corruption tends to create inefficiencies and waste sectors of the economy is always happening. The resulting output is not proportional to the amount issued, the threat of inflation always accompanies economic development. GDP fell sharply, the currency continues to erode. Due to the multiplier effect of such corruption. Mubaryanto explained, the key to solving the problem of corruption is government partisanship on justice. Corruption must be considered to inhibit the realization of social justice, social development, and moral development. If now corruption has been attacked by members of the legislature in the central and local levels, the danger must be considered far more severe because they (members of the DPR / DPRD) is representative of the people. If the people's representatives are "congregational" in corruption, this action clearly does not represent the aspirations of the people, if since the multidimensional crisis that originated from the 1997/1998 financial crisis is a serious suggestion for the government to side with the people's economy (and not anymore in a conglomerate), in the form programs of economic empowerment of the people, then this means there must be political justice. Economic justice and social justice has so far not materialized in Indonesia because it is not developed political justice. Political justice is the "rules of the game" fair politics, or produce justice for all citizens. We call on the philosophers and social scientists, to work hard and think by empirical-inductive, ie always use the empirical data in the argument, not just think only theoretically, the more so by always referring to Western theories. By thinking thoughts empirical conclusions generated will directly benefit the community and policy makers today. For example, it fair to rich people we are living in luxury while at the same time still very many people who have to beg just to eat. Rich or poor countries alike, in the absence of good faith to combat corrupt practices there will always mendestruksi economy in the short and long term. Much evidence suggests that the economy and corruption scandals often happen in many countries rich and prosperous and also occurred from the moral depravity of the cleptocrasy in poor countries and developing markets like Indonesia. Economic development is often used as an excuse to pawn natural resources to multinational corporations and the State in which superpower had packed pundit corrupt practices to accumulate wealth-purse for political purposes and personal and group.

Lawyers Group of Pakistan: Going America, Osama Muslim Heroes!

Groups of lawyers Pakistan on Wednesday protested against the action the United States that killed Al Qaeda leader Osama bin Laden, condemned the U.S. and pray for the "hero" to them. The leader of Al Qaeda were discovered and killed in a family villa in the town of Abbottabad, about one kilometer from the Pakistan military academy, and 50 km from the capital Islamabad.

About 70 lawyers protesting in Abbottabad, condemned the U.S. operation in the city of tu, witnesses said. They shouted "Go, go America," "Osama bin Laden is our hero" and chanted slogans against the U.S.-selogan and very broke the Pakistani government. "We condemn terrorism but can not accept the violation of our sovereignty," said Tahir Faraz Abbas, chairman of the local lawyers association.

In the city of Peshawar in the northwest, where bin Laden had lived in the war to expel Soviet troops from Afghanistan, about 200 lawyers to say a prayer for the highest leader of Al Qaeda in perngadilan-court. "Osama is a Muslim hero. He was doing jihad for Muslimsthroughout the the world ." Ghulam prominent local lawyer said the Prophet.

"I doubt Osama in Abbottabad. If he was here, he is our hero and will remain our hero," he said. Conspiracy theories, which is triggered by a deep mistrust U.S. quickly spread to the entire Pakistani society for the killing Osama.

Good Lawyer and Bad Lawyer

West Sumatra Provincial Prosecutor's Office ranks again to make a breakthrough. This time, instead of the detained suspects, but including lawyers with suspicion hamper the investigation. If in Jakarta membuikan KPK prosecutors, the lawyers are grounded in West Sumatra prosecutors.

Is Manatap Ambarita SH (43), legal adviser of Afnel Ambarita-suspect to 3 cases of alleged corruption of road and bridge maintenance project on the Mentawai Islands district for Fiscal Year 2005, investigators eventually arrested Kejari Old Pejat, Friday (04/04/2008) at 14:35 pm.

Chief State Attorney Old Pejat, Law Mugopal SH MH mention, forced detention given to this lawyer. "He has hindered the prosecutor's investigation of his client that a suspect in a case handled. Naive, he actually indicated strong client had deliberately influence (Afnel Ambarita) for not attending the call screening, "he said, Friday afternoon at the High Attorney West Sumatra.

Mentioned Mugopal, it summoned the suspect Afnel Ambarita for inspection on Thursday (03/04/2008). Implementing activities in the corruption case of road and bridge maintenance project on the Mentawai Islands district fiscal year 2005, asked to attend at 09.00 am High Attorney-examination at the Raden Saleh, Jalan Padang, West Sumatra.

In fact, Afnel not come. Just now plans to contact, a middle-aged man came to the investigator. He introduced himself by name Manatap Ambarita SH. And a lawyer from Afnel Ambarita. Found that, Attorney Investigator Budi Letters SH, Yarnes SH and SH Nofiandri torn asked where his client. Strangely, it gives answers Manatap unclear and confusing.

"He said if his client could not come at this time. Conditions are fine and not sick. Even more confusing, he asked that investigators had mengundur calling until he understands his client's case suffered, "said Law.

Found the answer earlier, investigators do not want to serve. And suggested Manatap to fetch back his client to be checked with the status of a suspect. But what is meretricious, after two hours of waiting, the lawyer did not come.

Feeling dikerjai, investigators had followed the suspect at his address in Padang Black stump with the intent to pick up force. Once there, the suspect was not found. A woman (the wife of the suspect) at the address mentioned, if Afnel go with Manatap since morning and not come home.

Search continues to address Manatap disebuah inn guesthouse in the city of Padang. Similar results were again obtained. Investigators were furious. A number of the inn was visited and checked. All Manatap together to determine the existence Afnel.

Search eventually led to a five-star hotel in Juanda street. Thursday (3 / 4) at 23:30 pm, Manatap who had just entered the lobby of the hotel picked up and taken to the West Sumatra High Attorney's office. Manatap then asked to name where the presence of the suspect Afnel. Before long, he seems to call someone. Finally, on Friday (4 / 4) early morning at 0:30 am, Afnel finally surrendered and followed Manatap ke High Attorney West Sumatra.

"The treatment was clearly demonstrated when Manatap deliberately obstruct investigations. The reason for violating article 21, Law No. 31 of 1999 on Corruption is the background of its status was raised to morning and arrested the suspect, "explained Mugopal.

Moreover, he added, from the recognition of his driver, lawyer and client are always together since morning. Inevitably, he also following his client Afnel Ambarita (held Friday, April 4, 2008 at 3:30 pm) to the prison Muaro Padang. (Tos)

Article 21 of Law No. 31 Year 1999 regarding Criminal Acts of Corruption: Any person who intentionally prevent, hinder or frustrate Directly or indirectly, investigation, prosecution and trial examination of the defendant and witnesses in corruption cases shall be punished with imprisonment for 3 (three) years and a maximum of 12 (twelve) years or a fine of at least USD 150.000.000.00 (one hundred and fifty million rupiah) and not exceeding Rp 600.000.000.00 (six hundred million rupiah).

Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment
of Offenders, Havana, Cuba, 27 August to 7 September 1990
Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,
Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,
Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,
Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,
Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,
Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,
Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,
Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,
Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,
Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,
The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
Access to lawyers and legal services
  1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.
  2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.
  3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.
  4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.
 Special safeguards in criminal justice matters
  1. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.
  2. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.
  3. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.
  4. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.
Qualifications and training
  1. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.
  2. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.
  3. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.
Duties and responsibilities
  1. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.
  2. The duties of lawyers towards their clients shall include:( a ) Advising clients as to their legal rights and obligations, and as to the working of the legal system in  so far as it is relevant to the legal rights and obligations of the clients;           ( b ) Assisting clients in every appropriate way, and taking legal action to protect their interests;
             ( c ) Assisting clients before courts, tribunals or administrative authorities, where appropriate.
  3. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.
  4. Lawyers shall always loyally respect the interests of their clients.
Guarantees for the functioning of lawyers
  1. Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
  2. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
  3. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
  4. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.
  5. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.
  6. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.
  7. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.
Freedom of expression and association
  1. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.
Professional associations of lawyers
  1. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.
  2. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.
Disciplinary proceedings
  1. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.
  2. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
  3. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.
  4. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.