Law Life Important: Oktober 2011

Crown Witness in Criminal Evidence

In his capacity as an instrument of public law that supports the implementation and application of the provisions of the Criminal Code as the legal material formal law has had its own verification system that refers to the valid evidence as described in section 184 Criminal Procedure Code, which is valid evidence is: a). witness statements; b). statements of the experts, c). letters; d). instructions and e). description of the defendant.

While the term 'crown witness' is not contained in the Criminal Procedure Code. Although the Criminal Code there is no authentic definition of 'crown witnesses' (Kroon getuide) but in practice and based on empirical perspective there was a crown witness. Here is meant "crown witness" is defined: "a witness who came and / or taken from one or more suspects or defendants who together perform a criminal act and in the case where the witness was given a crown. The crown is given to a witness who is a defendant is in the form of waived prosecution of his case or given a demand that is very light when his case transferred to court or be forgiven for that mistake ever made of the witness ".

And there are only crown witness in a criminal case which is an offense inclusion. Setting the 'crown witness' is initially set in article 168 Criminal Code, which principle explains that the party together as the defendant can not be heard and may withdraw as a witness. Later in development, then a review of understanding (rekoqnisi) of the crown witness as evidence in a criminal case is set in the jurisprudence of the Supreme Court Number: 1986 K/Pid/1989 dated March 21, 1990.

In the jurisprudence of the Supreme Court explained that no ban if the Attorney / Prosecutor General filed with the laden crown witness that the witness was in his capacity as defendants not included in the docket by the defendant provided testimony. And in the jurisprudence of the crown witnesses also stressed the definition is, "a friend accused of committing criminal offenses jointly put forward as a witness for the prosecution prove the charges, which separated his case for lack of evidence".

So here the use of crown witnesses 'justified' based on certain principles namely, 1) in case the inclusion of the offense, 2). there is a lack of evidence; and 3). Checked by the separation mechanism (splitsing); as for the latest developments of the Supreme Court correct its mistake by issuing a new opinion about the use of 'crown witnesses' in a criminal case, in which case the Supreme Court again explained that "the use of crown witnesses is contrary to the Criminal Procedure upholding human rights "(see: Jurisprudence: MARI, No. K/Pid/1994 1174 dated May 3, 1995; MARI, K/Pid/1994 No.1952, dated 29 April 1995; MARI, No. 1950 K/Pid/1995 , dated May 3, 1995; and MARI, No.. K/Pid/1995 1592, dated May 3, 1995.

The existence of the use of crown witnesses that continues to this day must be stopped, because it would cause legal problems. The existence of the reasons put forward klasic prosecutor, that in order to fulfill and achieve a sense of public justice as a crown witness the presentation of the basic argument is not a thing that justifies the use of crown witnesses as evidence can no longer be tolerated. In the normative use of the crown witness is contrary to the principles of fair trial and impartial (fair trial) and also a violation of universal human rights norms as stipulated in the Criminal Code itself, particularly the right to deny the defendant and the defendant possessed the right of defendants to proof obligations are not imposed (see article 66 Criminal Code), in addition also the use of 'crown witnesses' instruments also violate international human rights (International Covenant on Civil and Political Rights).

Ending the authors of this paper to suggest to us as law enforcement as follows: 1). The use of crown witnesses as evidence in a criminal case must be reviewed to be terminated immediately, as opposed to the essence of human rights (human rights), especially the rights of the defendant; 2). Let us support implimentasi principles of fair trial and impartial (fair trial) to attempt to find a solution to replace the use of evidence 'crown witnesses' in order to bring proceedings in accordance with the rules contained in the Criminal Procedure Code and create a sense of public justice (public)

Quo Vadis Consumer Protection

The most prominent issues in globalization is the application of free market system that is currently sweeping the world go fast with all its consequences. Entry and exit of goods and services across national borders has benefits for consumers where the consumer has the freedom to choose goods and services offered, but a negative impact on the other hand, the consumer will be the target / object of the business activities of business actors to benefit as much as possible .

A new development in today's society, especially in developed countries is growing attention to issues of consumer protection, in line with the increased protection of human rights. Monopolistic practices and a lack of consumer protection has been put "position" of consumers in the lowest level in dealing with business people (in the broadest sense).

Therefore the consumer is seen as more weak law should receive greater protection in the appeal periods ago. In connection with it in various countries, particularly in developed countries and the international world has made legal reforms relating to the responsibility of the manufacturer (product liability), mainly in order to facilitate the provision of compensation for consumers who suffer losses due to product that was circulated in the community .

In particular the meaning of product liability is legally the responsibility of the person or legal entity that produces a product, and / or party that sells the product and / or parties who distribute these products, as well as those involved here in a series of preparatory or commercial deployment of a product, and also includes entrepreneurs workshop, warehousing, agents and employees of enterprises above.

That the efforts of consumer protection is further intended to enhance the dignity and awareness of consumers and / or at the same time intended to encourage entrepreneurs in conducting their business activities carried out with a full sense of responsibility.

The need for regulation on the protection of consumers conducted for the purpose as follows: 1) Creating a consumer protection system which contains elements of openness and access to information, and ensure legal certainty, 2) Protect the interests of consumers in particular and the interests of all businesses in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrating the implementation, development and regulation of consumer protection to the areas of protection in other fields;

In the life of the community is very much the rights of consumers consciously or unconsciously often overlooked or violated by the perpetrators of the business, whether it occurs banking sector / in financial institutions, telecommunications and transportation services, at the pump / POM Gasoline, as well as in offering goods and services in general through the practices of misleading advertising, in which frequently occur: 1) Ad bait (Bait and Switch adv) which is now mostly done by the business by distributing invitations kecalon consumers to take gifts for free then enticed consumers to buy goods with a spectacular discount when price and quality of the goods have been manipulated; 2). Misleading ads (Mock-up-adv), where the content of this ad or the state of the efficacy of the product described by excessive and lead towards misleading, as occurs in many herbal products are advertised, generally only show / exploit the things that is the greatness and success products without informing adverse effects and side effects that can harm consumers.

And it is common knowledge of consumers who feel aggrieved are reluctant to do anything for losses suffered because of distrust of the "Institute for Court", even in Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulates the act which provided the advertising business by producing ads that can: a) the trick consumers about the quality, quantity, material, usability, and price of goods and / or tariff services as well as the timeliness of receipt of goods and / or services; b) trick the guarantee / warranty for goods and / or services; c). Contain misinformation, false, or inaccurate about the goods and / or services; d). It contains information about risks the use of goods and / or services; e). Exploit the incident and / or without the permission of an authorized person or that person's consent; and f). Violating ethics and / or provisions of legislation on advertising. But in reality consumers are harmed many people who do not know / want to how to exercise his right.

In the Consumer Protection Act there are three institutions that play a role and responsibility in the organization of consumer protection, namely: 1). Minister and / or relevant technical minister whose scope of duties and responsibilities include the areas of trade, 2). National Consumer Protection Agency, and 3). NGO namely the Institute of Consumer Protection Organizations. At points 1 and 2 represent the government, while NGOs in point 3 represents the interests of society. Dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board composed of the elements of government, Consumer, and Business.

Of course, the purpose of the law of Indonesia to provide consumer protection is a matter that can not be avoided, in line with our national development objectives, namely the development of the whole Indonesian people.

Perceptions of Justice and Development

If Development can be defined explicitly as a concept in which there is about the proposal about the desired changes in human behavior, it can be concluded that the essence of the Law Development is how to change human behavior towards the awareness and compliance with laws against the values of life and enforced in society. Specifically build human behavior and society must be within the context of community life of nation and state in which they understand and are willing to perform its legal obligations as citizens and understand about how demanding the rights guaranteed by law in the legal process itself.

Development should be also addressed how to change the behavior of the people of Indonesia, from behavior which is too backward to more advanced behaviors towards socio-economic, cultural, moral and prosperous behavior by understanding the rights and obligations as citizens. In this context obviously can not be separated from development and adherence of human consciousness or the public against the law values. Legal development should be carried out simultaneously with other development plans are implemented in the process of planning the development of a global nation, because the ultimate goal (goal end) development planning is a "human behavior" that adhere to the values of development itself.

On the basis of this thinking that led to the development of legal consciousness and legal compliance community must give major attention from all aspects of development are planned. We need to know that the law as a discipline actually has 2 (two) objects, ie objects formal and material objects. Formal object of legal science is how to lay the foundation and the handle to the creation of order, peace, decency and justice for individuals and society, while the Material object of legal science is how to create a culture of human behavior and society-conscious and obedient and fully understand the rights and obligations as part of a community of communities, of a nation and / or a country.

We are very concerned to see the culture of our nation's law behavior is apparent therein which is actually full of potential for violence and indifference to the discipline demanded in the habitat. The potential of this law behavior can be described as a cross-cultural behavior passed on the street. Compliance pass-traffic in the streets over can occur if there is a traffic cop who was always ready to watch the road users or riders on the streets, if Poltas not exist then all traffic signs tend to be broken, especially violations of the sign of the existing traffic lights at the crossroads. Absence of an orderly society can be measured against the law of public awareness in pass-cross on public streets.

Not even a little too much road users (motorists) are likely to violate the street signs and did him also despite Traffic Police who guard it at the time. Development Law can not seem to run smoothly if the root problem is the failure of some indicators of development is not completed, for example, among other concerns: 1) aspects of welfare (prosperity) in which the concerns of several indicators such as indicators of the availability of jobs with salaries "enough"; 2) aspects of facilities and pre-roads to accommodate the comfort and safety of the motorist road users; 3) aspects of professional law enforcement; 4) ensuring the needs of the community aspects concerning food, clothing and shelter; 5) aspects of the system goes conducive of infrastructure and superstructure of the concerns the public service; and many other aspects that can not be mentioned due to the limited column.

Construction of Law, strictly speaking can not be done partially or is a stand-alone concept. Communities tend not to adhere to all guidelines and legal norms if the fundamental aspects concerning the necessities of life are threatened and / or difficult to be fulfilled in the midst of a global system in which they live. If this happens, do not expect a lot of people we want to consciously abide by all norms and rules of law in our country. This is a chain will bear the impact of the development of pseudoscience. Is it democratic development, moral development and moral nation, the construction of physical facilities and infrastructure in the form of pre-office buildings and supermarkets, or the construction of educational facilities and produces just gave birth job seekers. Legal development should be carried out simultaneously and synergy with other development aspects. Without such that he became a utopia, so the law can only be observed by the public in an authoritarian system of government.

Law Enforcement Accountability

Accountable law enforcement can be interpreted as an implementation effort of law enforcement that can be accountable to the community, nation and state concerning or relating to legal certainty in the legal system, law and justice for the benefit of society. Nor the law enforcement process can be separated by the legal system itself. Being the legal system can be interpreted is part of the process / stages that are interdependent to be done or executed and obeyed by Law Enforcement and Society that led to the establishment of legal certainty.

If someone is arrested, which is in the power of goods seized for allegedly has something to do with the crime, the legal process is not running not even complete, rampant violations of the Criminal Procedure Code, is one proof of the lack of accountability of law enforcement in this country. The steps to build an accountable law enforcement system for the foreseeable future we can point out, among others:

1). The need for improvement or update and complement the law and existing legislation; 2) Improve the quality of Human Resources (HR) Law Enforcement both in terms of morality and intellect, because not a few law enforcement that exists today, does not understand well the legal idealism are being upheld; 3). Establishment of an independent institution by the Government in which its members consist of the elements of an intelligent public (non-active judges, prosecutors and police on active) which aims to oversee the enforcement of law (law enforcemen ') in which the agency recommends that the authorities will give sanctions for law enforcement officers who violate the laws of morality and / or violate the law enforcement process (see: Article 9 paragraph (1 and 2) Act No.4 of 2004 on Judicial Power, Article 17 of Jo's art. 3 paragraph (2 and 3) Jo. Psl.18 paragraph (1 and 4) of Law No.39 of 1999 on Human Rights (Human Rights);

4) Keep doing standardization and additional provision of adequate welfare especially for Law Enforcement on the payroll are: Judges, Prosecutors and Police (Non-Advocate) for their professionalism as part of the largest law enforcement in Indonesia is expected to focus more on enforcing the law according to the purpose of the law itself; . 5) The conduct of the socialization of law and legislation intensively to the public as a consequence of the legal principle which says that: "every society is considered to know the law", although products such laws recently passed and promulgated and published in the State. Here the role of Legal Aid or LBH-LBH and NGOs or similar institution is needed, especially in doing "advocacy" to the laws and regulations can be completely socialized and obeyed by all the components that exist in this country for the achievement of objectives the law itself;. 6) Build a determination (commitment) together in the enforcement of law ('law enforcement') are consistent. This commitment is expected to be born primarily initiated and initiated by the "House of Chess" Law Enforcement or 4 elements, namely: Judge, Advocate, Attorney and the police, then that commitment can be followed also by the whole society;

But the measures suggested above to build an accountable law enforcement system certainly can not run smoothly without the full backing of the Government of clean ('clean government'), because enforcement of the law ('law enforcement') is part of the legal system of government. State government ('lapuissance de executrice') should guarantee the independence of law enforcement institutions are subordinate in this institution "Attorney" and "police" because the real guarantee of law enforcement institutions is a political platform of the government law that seeks mengkondisi-behavioral procedures in the life of Indonesian society nation and state to governance-society behavior supports the achievement of the ideals of the nation's premises which is the destination country Indonesia, be it the state's goals and objectives into the country out there as mandated in the Preamble to the Constitution or NRI on at paragraph IV, which in essence is: 1.Melindungi whole Indonesian nation and the entire homeland of Indonesia; 2. Advance the general welfare; 3. Intellectual life of the nation; and 4. Participate in the establishment of world order based on freedom, abiding peace and social justice;

Accountable law enforcement is the basis and proof that Indonesia is really a State Law ('rechtsstaat'). People should be informed of the criteria / measures which form the basis for assessing the accountability of law enforcement accountable. Therefore, in establishing an accountable system of law enforcement needs to have socialization-education law and legal education on an ongoing basis to communities that are accountable law enforcement can be realized by law enforcement together with the community.

Law Enforcement between Hope & Reality

Law enforcement is responsible (accountable) can be interpreted as an implementation effort of law enforcement that can be accountable to the public, state and nation relating to legal certainty in the legal system, is also related to the usefulness of law and justice to society. Process of law enforcement simply can not be separated by the legal system itself. Being the legal system can be interpreted is part of the process / stages that are interdependent and must be run followed by Law Enforcement and Society that led to the establishment of legal certainty.

It is common knowledge that law enforcement in Indonesia is very alarming, in addition masyarakatpun strangely never been a deterrent to continue to violate the law, so that the community has been very well trained how to handle it in case of violations of law that he did, whether it's a traffic violation, or general-offense conduct offense, or committing a criminal act of corruption, not a problem. Most of the people we've trained properly how to influence the legal process runs so that he can be detached from the snare of his sentence. This fact is one indicator of poor law enforcement in this country.

Although not comprehensive measures need to be there angkah to build an accountable system of law enforcement, among other things: 1). The need for improvement or update and complement the law and existing legislation, for example, need to be followed up with a government regulation (PP) of the Act No.4 of 2004 primarily to regulate the provision of criminal sanctions for violators of the Criminal Code, especially for those, who arrested, detained, prosecuted, or prosecuted without a clear statutory, or by mistake or legal person who applied as already stated in article 9, paragraph (2) of Law no. 4 of 2004 on Judicial Power, 2) Improve the quality of Human Resources (HR) Law Enforcement both in terms of morality and intellect, because not a few law enforcement that exists today, does not understand well the legal ideals that are upheld;

3). Establishment of an independent institution by the Government in which its members consist of the elements of an intelligent public (non-active judges, prosecutors and police on active) which aims to oversee the enforcement of law (law enforcemen ') in which the agency recommends that the authorities will give sanctions for law enforcement officers who violate the laws of morality and / or violate the law enforcement process [vide: Article 9, paragraph (1) and (2) Act No.4 of 2004 on Judicial Power, Jo. Article 17 of Jo's art. 3 paragraph (2) and (3) Jo. Psl.18 paragraph (1) and (4) of Law No.39 of 1999 on Human Rights (HAM)]; 4) Keep doing standardization and additional provision of adequate welfare especially for Law Enforcement on the payroll are: Judges, Prosecutors and Police (Non-Advocate) for their professionalism as part of the largest law enforcement in Indonesia is more focused in its work to uphold the law according to the purpose of the law itself;.

5) The conduct of the socialization of law and legislation intensively to the public as a consequence of the legal principle which says that: "every society is considered to know the law", although products such laws recently passed and promulgated and published in the State. Here the role of Legal Aid or LBH-LBH and NGOs or similar institution is needed, especially in doing "advocacy" to the laws and regulations can be completely socialized and obeyed by all the components that exist in this country for the achievement of objectives the law itself;. 6). Build determination (commitment) of the joint law enforcement consistent. This commitment is expected to be born primarily initiated and initiated by the "House of Chess" Law Enforcement or 4 elements, namely: Judge, Advocate, Attorney and the police, then that commitment can be emulated and followed by the whole society;

But the measures suggested above to build an accountable law enforcement system certainly can not run smoothly without the full backing of the Government of clean ('clean government'), because enforcement of the law ('law enforcement') is part of the legal system of government. State government ('lapuissance de executrice') should guarantee the independence of law enforcement institutions are subordinate in this institution "Attorney" and "police" because the real guarantee of law enforcement institutions is a political platform of the government law that seeks to mengkondisi grammar-conscious behavior of Indonesian society and abide by the law in the life of nation and state. Accountable law enforcement is the basis and proof that Indonesia is really a State Law ('rechtsstaat'). In addition, people should be informed of the criteria / measures which form the basis for assessing a law enforcement accountable to the public in order to create a culture of control of society, without it a good law enforcement in Indonesia is only in the Republic of Dreams.

We sued the Legal Compliance

Legal expert Prof. Sociology Satjipto Raharjo, in his book "-The Other Side Of The Law in Indonesia, Compass Publishing, 2003", implicitly concluded that, the feeling of not guilty, even if the decision judex factie (PN and PT) has been declared guilty in question is a bad precedent for culture of law enforcement in this country ". Critical view of the legal sociologist kmenjadi it worth our reflection together, since it contained a very deep message about the need we mentradisikan legal culture in this country, because the law is impossible without an embedded culture of law can be enforced with justice.

Legal culture is closely connected with law and legal compliance awareness within the community. In the legal culture of a tradition that can be seen daily public behavior that is consistent and reflects the will of the law or the guidelines established law applies to all legal subjects in the life of nation and state. In the legal culture of society can also be seen whether our society in the legal consciousness has really uphold the law as a rule in life together and as a basis to resolve any issues arising from the risk of living together. However, look at the material, it is hard to build a legal culture in this country.

Surely the public legal awareness alone is not enough to build the legal culture in this country, because the legal consciousness of the community is still an abstraction, not a real form of behavior, even though our society either instinctively or rationally actually aware of the necessity of obedience and respect for the law . Therefore even though our society is aware of the laws in force in the country, our society is not necessarily comply with the law. Compliance with the law is a substantial thing in building the legal culture in this country, and whether it is actually legal compliance?.

Writers need to emphasize again, that compliance with the law society is essentially a community loyalty or legal person whose loyalty is to the law is manifested in a tangible form of behavior to the law abiding. In a contra-rio lawless society because society is faced with two lawsuits in which the fidelity between loyalty to a conflict with any other allegiance. For example community faced with fidelity to the law or the loyalty to "personal interests" that are contrary to law, such as the number of traffic violations, corruption, acts of anarchism, etc.. Moreover, people dare not become law-abiding personal interest because the law has no authority anymore, where law enforcement because of his personal interest is also no longer be good law enforcement. So in this case, loyalty to self-interest becomes the starting base of why human beings or society we are not obedient to the law.

If the loyalty factor can not be relied upon again to make people obey the law, then the state or government will inevitably have to build and make the public fear as a factor that makes law-abiding society. If we have consistently built the country into state law, anyone should be subject to the law. Law can not be enforced in a discriminatory, impartial to anyone and anything, except to truth and justice itself. Therein lies the justice of law. But if the law applied discriminatory, can not be trusted again as a means to fight for rights and justice, then do not blame if people would fight for their rights through the law of the jungle or physical violence. Therefore the law should have the authority to uphold the rule of law so that people can respect it in the form of obedience to the law itself. Thus the need to build a culture of law is a matter of principle in state law, which the law must be able to change society for the better, more organized, more could be trusted to fight for rights and justice, more able to create a sense of security. Hopefully ..!!.

Corruption, Democracy & Development

Countries that have unstable political process, system of government that are not well developed, and the people are poor is open to misuse the opportunists who promise the development of resources or infrastructure quickly, but do not want to compete openly in a democratic, those who brought promises and gives hope a better future, but their way of doing business is destroying the country with its political corruption.

For our country even in the law Eradication start of Act No.3 of 1971 Jo. Law No.31 of 1999 Jo. Law No.20 of 2001 which in consideration of the bill had argued that "the result of corruption that occurred during this financial harm than the state or state economy, also menghabat growth and sustainability of national development that demands high efficiency". but the fact that corruption was endemic everywhere and had disrupted the national development. Regional Autonomy in Indonesia government-run systems have removed the corruption that exists at the central level to areas which are precisely the quantity is much greater than that existing at the central level.

Corruption is a social evil (extraordinary crime) that must be eradicated through a process of judicial corruption. To be effective anti-corruption measures is not enough just to make regulations both domestically and internationally but must first build up the people who can eradicate corruption itself, without building the human resources that will be impossible to eradicate corruption can be reduced much less eradicated corruption .. In theory, corruption can occur due to the 2 (two) factors occur simultaneously, namely the factor of "opportunity" and the factors "stimulation", where the factor of chance is always associated with weak surveillance systems, are always stimulating factor associated with poor mental attitude and morality human resources.

In short corruption difficult to occur in the system and good quality control and human resources that a good mentality. But if the act has become a culture of corruption in this country, while the cultural values that tend to be immortal, then certainly it would be difficult to eradicate corruption, though the law and legislation on combating corruption is so complete, but corruption still occur. Given today we have been so busy fighting and prosecuting corruption that occurred in the era of the Suharto government without due respect to the interests of the people who crusial, so the bias is politically and economically has been very disruptive to our national development, in an era where the corruption is within local Soehato political elites and economic elites have been anticipated ahead of time by securing the assets of overseas corruption, so combating it requires a large energy and a very long time.

Our priorities in combating corruption without realizing it has made us careless and forget to deal with the serious problem of nation-building that has been so chaotic in the midst of absolute poverty experienced by the majority of the Indonesian nation. For the sake of the people like it or not we should back up back and review the existing policy. Begin with a stop feuding among political elites and reformers in this country with no mutual accusations of corruption, because there is no ivory that is not cracked, because if diperturutkan majority of the political elite in this country can be a prison population.

Therefore used to create political stability, economic and security stability in the country. Wake up with the advanced education and moral development of nationalism, anti-corruption point to the current era of government reform since the very need to be controlled and supervised the government today, is for the corrupt Suharto era pemeritahan there should be a political solution that makes them interested in going bring back the assets that exist in the form of foreign investment or built his company in Indonesia which can provide jobs for many people. Please fix the displaced national development that began with the functioning of the National Development Planning Agency (BAPPENAS) to formulate a national development plan with establishment of the Annual Five (REPELITA) so that development can be controlled by the people at large and can measure the extent to which an era of more powerful government that has done permbangunan against his people, because honestly that more people needed right now is inadequate food, clothing and shelter, as well as a sense of security sought in everyday life rather than mere political promises in the midst of tumult and uncertainty of the future!.

Controversy Defendant So Candidates

Parliament plenary session in the House of Representatives on Monday, July 7, 2003 Presidential Election finally pass the bill into law the Presidential Election. Bangyak the rate law was born as the result of political bargaining between the several interests of the Party elite, each of which has a defect in the terms proposed in the bill before the Presidential Election.

Mensikapi passage of the bill into law has turned out to be momentum also by some political elites to dramatize the passage of the bill in a manner that can be said to be half his personal insights as he campaigned saying, "the problem return it to the people, because people are smart enough to elect the President directly, for example in-Pilkades Pilkades made during this ". Perhaps these comments have a point. People already have experience in the Village Head Election (Pilkades) in his village. And people already have experience in looking at the doings of the village chief as a candidate prior to Pilkades, among others:

1). People visited by someone (jurkam) from one of the contestants are asked to vote-so image by giving reward money and gratitude; 2). Then people visited again by someone other than the other contestants, also requested that he would mecoblos porn pictures with cash rewards greater, 3). People have enough experience in a pragmatic attitude amid difficult burden they face, which should take precedence of how to sustain life, or upholding the values of civilization.;

Even if seen from the development experience during this Pilkades people may not give a damn about who will lead this country, because that is important for people aspiring leaders can prosper. The defendant was talking about legal nomenclature should be assessed separately from the glass-eyes of the law. People do not feel urgent to assess and draw conclusions or take a stand against him. Throughout history there are supposedly people still give respect to the Pitung Jago Betawi also referred to as "Maling Budiman", or as his Rhobin Hoot Indonesia, where their actions are justified by the people that robbed the property of the Company or a rich merchant-traders are cheating and treason, because the results rampokannya always distributed to the poor who suffer. Speaking of the "defendant" in fact we all have the potential to become a "defendant" because kometmen we have been very questionable morals in the life of nation and state. Perhaps many of us save the errors that can be categorized as an act of unlawful conduct even criminal, just may not have been caught and questioned people, we still survived. The words of the defendant "should not be used as a tool to perform character assassination (Caracter Assasination) or the said defendants do not also socialized into a social allergy must be addressed with cynicism. Was not Nelson Mandela in South Africa that former inmates can be president of South Africa even though it's been the former president, Mandela was still honored by most South Africans. In our country if we uphold the rule of law sportsmanship position that carried a person accused can not be said he was guilty so we have taken unwittingly punishing attitude towards self-defendant.

Presumtion principle of innocence (presumption of innocence) as defined in Article 8 of Law No.14/1970 concerning Basic Provisions for Judicial Authority, namely: "all persons suspected, arrested, detained, prosecuted and / or appear before the court, wajiab be presumed innocent before the court stating his mistakes and have the force of the permanent ". And also affirmed in Article 18 paragraph (1) Law No.39/1999 on Human Rights Mamusia (HAM), namely: "any person who is arrested, detained, and prosecuted for alleged criminal act done something right to be presumed innocent until proved guilty legally in a court of law had all the guarantees necessary for his defense, in accordance with the provisions of legislation ". On the basis of this provision, the people must be taught to adults do not denounce a "defendant" let alone asked to determine punitive attitude toward "the defendant" by turning off the rights of the accused are still there.

Politicians / political elite should understand the law, menimal understand about the rights of the accused and not make a "defendant" a political commodity, do not look for popularity on the destruction of other people (political opponents). Departing from the legal principle of presumption of innocence, as well as under article 8 of Law No.14/1970 and Article 18 paragraph (1) Law No.39/1999, then it can be justified by law a "defendant" became a presidential candidate, any candidate in in government structures or prospective chairman of the High Institution other State in this Republic. If the country is consistently upholding the rule of law, it must be enforceable legal rights of a person as a whole and complete.

Mark and Mafia Courts

Case realtor (Mark) here is more meant, anyone who tries and attempting to influence law enforcement who was handling a case, so the legal process benefit certain people with certain benefits in the form of giving bribes, so that his actions are very detrimental to those seeking justice are supposed to receive justice, or to sacrifice innocent people as casualties of the law. Markus therefore this becomes a very promising jobs fortune.

Mark, in principle, ordinary people who are not committed by law enforcement, who claim to have a good relationship and have access to the official who is handling a particular case with a promise to weigh, as follows: 1) Can remove the suspect from custody; 2) Can not get to muffle his case Court; 3) Can be snared mengkondisi of articles that weight should be made to the article to light the alleged suspects; 4) Mensplit case then released from the back door; 5) Lighten the demands (requisitoir); 6) Relieve the decision; 7) If you already detained and had to go to court, then mengkondisi BAP and witnesses so as not proven, and can be prosecuted for free; 8) Mengupayakankan special facilities in the crease; Etc..

In general, "Mark" can also be done by law enforcement itself, either directly or indirectly by using other people as intermediaries created by itself. Judicial Mafia being here is more aimed at the practice of law, where law enforcement system and culture run by the Law Enforcement, providing opportunities for abused, which is implicitly the "law and justice" has turned into a commodity that can be traded, depending on who order it. Law and justice can be bought by those people with money, so he became an expensive item in this country.

As for the realtor cases (Mark) with Mafia justice are two things that synergize or need each other, sometimes even in practice can not be separated. Judicial Mafia spectrum is much broader than Case broker. Law Enforcement in this country as compared to uphold the wet yarn in other words, the word "difficult and hard to be expected". One of the indicators that make law enforcement in Indonesia is rampant "culture of corruption" that occurs in almost all the bureaucracy and social stratification, so that has made the efforts of law enforcement and eradication of corruption, both Mark and mob justice was limited to rhetoric that contains sloganitas of empty speeches mere. Even in fact there is no doubt more and more laws are born then it is directly proportional to the more tradable commodity. Ironically not a few parts of our own society who are forced to buy it. Here the tanpak that justice and legal certainty can not be given away for free to someone if at the same time there are others who offered. This fact is clear to us the laws in this country would "never" siding with those who are weak and poor. "Once again'll never ...! "

Sarkatisme satirical nature says, "give me a good judge, the prosecutor is good, a good cop with the laws that are less good though, I achieved results that would definitely be better than the best laws that ever existed in this country". But it seems the law enforcement, politicians, officials and certain Characters in our society will not have time and space to the liver can mengubris any form of satire to question the existence of jobs and their responsibilities to the public. Better Thick-skinned and have no sense of shame, from the public satire menggubris would reduce their fortune.

Poor performance of the Law Enforcement and poor supervision systems that exist in the law enforcement process, has given rise to stigmatization of judicial mafia and mafia law cases including a broker (Mark) in Indonesia. The fact is if we trace its existence was rooted in the mentality of our culture as a nation. So what is called the "Mark" and "judicial mafia" perpetual existence tends to be a virus because he had been entrenched in the mentality of law enforcement in this country.

Therefore talking about Law Enforcement in Indonesia can not simply dismiss the judge, dismissed the prosecutors and police who fired the corrupt, but improvements must be initiated with the construction of cultural development approach to education with our mentality as a nation and make the moral force that is based on Faith and Taqwa to God the Almighty, as basic to cultural attitudes and behavior establishment of law enforcement in Indonesia. Without it, everything becomes a mere utopia!

Corruption vs. Nationalism Nation

Nationalism is an ideology or doctrine that creates and maintains the sovereignty of a country to realize the concept of a common identity for a group of people where the language and culture become elements of a binder in social interaction. Fastener elements gives rise to awareness of the nationalist community / people of Indonesia when dealing with the outside environment are disturbing.

In the history of Indonesia in particular, nationalism is still very important to its existence, first, for example, as a unifying ideology for the Dutch against the invaders, or Japan, or in the fight against the hegemony of neo-kolonilalisme. First, if the people in this scattered archipelago continues, there is no unifying ideology, and certainly the Dutch easily overwhelm us. Very likely the people in the archipelago just fight each other alone. Moreover, when the Dutch politics would provoke hostility and pumped continuous conflicts. Second, as a consequence, when the people in the archipelago had managed to liberate himself, at least nationalism as an ideological discourse to evoke the spirit of complete independence of Indonesia. although this kind of nationalism sometimes misinterpreted, by reason of Indonesian nationalism, we saved a tendency hostile to other nations.

But, the positive side of many, as the new nation found itself, we try to stay compact so many conflicts that may threaten the unity of Indonesia can be addressed on behalf of Indonesian nationalism. Third, at least nationalism can be used to provide the identity of Indonesian-ness, so that Indonesia was in the world. However, what is recorded with the world of Indonesian nationalism. Probably not much. At that time, regardless of the construction of Orientalism, people are more familiar with Indonesia as a nation are quite friendly, backward and poor country, a country that has a language of unity of Indonesia, which handle more than 600-the local languages which still survive to this day.

Indonesia distant days our country has launched a range of understanding of the concept of nationalism in the Archipelago who poured in a single entity: Ideology, Politics, Economic, Social, Cultural, Religious, National Security and Defense). As a consequence every citizen of Indonesia, especially when he was nominated as a leader within the existing power structure would have to have the Archipelago where the question must have an absolute obligation to participate in maintaining the territorial integrity of Indonesia from Sabang to Merauke, as outlined in the concept IPOLEKSOSBUDAGHANKAMNAS.

Now this from observations of the experts can not be denied, our nation's sense of nationalism is very thin, even threatened with extinction. What emerged is a bond primordialism, which is oriented on tribal ties, regional, religious and / or between groups.

History proves, over the last 30 years Indonesia clutched by a model of authoritarian power, the so-called New Order regime. As a result, many problems dislike and discontent bubbling under the surface. The most notable moment was the death of democracy, menjamurkan corruption, the absence of a just law, and so on. Due to the condition of the stretcher, the potential cracks turned into a ticking time bomb. Many people try to mobilize religion, or ethnicity, or even brought the discourse of the world such as democracy and universal justice to consolidate resistance. With a hasty and sloppy, the regime of complete resistance by force open or hidden. We know, at that time the military was powerful and frightening. Does the military do that by holding the spirit of Indonesian nationalism. However, the most effective strategy to counteract the resistance that the New Order government to control and exploit nationalism menek potentially devastating and even state governments. In this case nationalism must be constructed in such a way is oriented on how to maintain pluralism (Unity in Diversity) in order disappointments that occur in local-local can be broken.

Indonesian nationalism put forward to hold to the ethnic nationalism, or nationalism, religion, or geographical nationalism did not develop into a force yangal Ika) Country Indonesia in the notion of the archipelago, which accommodate a global dependency.

But even then very difficult kind of nationalism is built if the social system, legal system and government system has been contaminated with corrupt culture that can not be prevented. During the New Order political system or power structure has allowed the prevalence of massive corruption in all areas.

Corruption is "entrenched" This had constructed severe damage even to the lower layers of cultural behavior of people who view corruption as part of the social system, politics, economics, law and government. Although the legislation Corruption Eradication from Jo Law No.31 of 1999. Law No.20 of 2001 which in its consideration has been asserted that "the result of corruption that occurred during this financial harm than the state or state economy, also menghabat growth and sustainability of national development that demands high efficiency". Corruption is not just financial ruin and the country's economy, but destroy all the joints of the affected communities, nations and sovereign state.

Welcoming the oath of October 28, 2010 is youth, we need a new ideology of nationalism or ideology to nationalism-II, where this new nationalism is really oriented on:

1). schools of national unity, because there can be no unity if the people we are not able to become a different person with another person or unable to resolve the difference;

2). The founding of the attitude with how corruption should be completely eradicated as contrary to national development in all sectors; and

3). The founding of the attitude of each citizen of Indonesia on the necessity of maintaining the integrity of the nation and country who understand insights Indonesian archipelago as a whole that the integral of: Ideology, economic, political, social, cultural, religious, national defense and security.

Nationalism will never be owned by a Corruptors, because Corruptors are parasites that afflict the country people's lives and bankrupting the country to be destroyed. From the beginning we both know that the main causes of corruption are:

1) The element of "stimulation" is associated with a lower case of faith and piety are owned by the organizers of the state and other parties involved employed under the State finance;

2) The element of "chance", it is associated with a lower element of "Control" in the management of public finance management;

People might not want to corruption if he is not aroused and there is no chance for it. Obsession corruption due course:

1. Lifestyle that is happy to show off;

2. Feeling much money people would be appreciated;

3. To finance the project seek power;

4. For the cost of the already high social prestige;

5. For venture capital as a guarantee of old age;

6. Forced to finance the urgent basic needs, such as school fees, medical expenses the family is ill;

7.Dll.

Indonesian society that embraces market economics and neo-liberalism can not avoid the spread of lavish lifestyles that require high cost, while the incomes and purchasing power is low, then it can not avoid the stimulus for corruption, especially Iman and Taqwa, the majority of our society is very doubtful. Now would be eradicated from which O petinggi2 government elites and political elites in this country ...???!!

State vs. Subsidy Program Objectives

One of the "objectives of the Indonesian state into the (internal)" contained in paragraph IV-opening of the 1945 Constitution, which reads, "promote the general welfare ... If it is connected with the provisions of Article 33 paragraph (2) and (3) of the 1945 Constitution which confirms the mastery of Natural Resources (SDA) in Indonesia by the state monopoly is clearly a form of state / government of the natural riches that exist in Indonesia.

So on this basis the existence of the program "SUBSIDY" for people's basic needs is clearly a logical consequence of a monopoly of Natural Resources is the state. If the subsidy to the basic needs of the people without exception be abolished / eliminated, then it is a betrayal of our country's goal of "promoting the general welfare."

Any questions, whether people should be given and relied on government subsidies?

To this question is of course people should not be dependent on government subsidies, but regardless of the ideals the "subsidy" from the government for whatever reason should not be removed / eliminated, because, as mentioned above is a consequence of the state monopoly over natural resources.

You can imagine if people are given the right from the beginning of independence of Indonesia to be authorized or controlled management of natural resources since the days of the Old Order (Orla), the New Order era (New Order) until now, people would have sufficient time to take advantage of the opportunity to develop natural resources in the field of community economic and his fate would not have sunk, as now, people who experience absolute poverty is likely to be poor.

Another purpose of the state which is also listed in the 1945 opening of aline IV is "the intellectual life of the nation" is a form of government responsibility in the improvement of human resources (HR), so that people can improve their own well-being which in turn does not always depend on the subsidies granted by government , although such subsidies must still be given, but people certainly will not mind the set of subsidies toward a more demanding target.

In this era of globalization that emphasize the life of a market economy where growth and economic welfare of the people is left entirely to free market mechanisms, the situation is clearly the nation / people of Indonesia have not been ready to follow it up because in addition to the SDA Indonesia was already largely controlled by the kavitalis (investors) and most of the branches of production that dominate the life of the people is also controlled by foreigners, so it becomes more difficult for the government to restore the position of the current direction as is referred to in Article 33 paragraph (2) which reads, "the branches production is important for the country and who dominate the life of the people controlled by the state ".

And related subsidy programs to the people's basic needs including fuel to be supplied to the people always will be disturbed, because the government revenues in addition to relying on market economy and taxes associated with the kinds of taxes collected directly from the people and also comes from the profits of the company's vital whose number can be said no longer significant because state revenues in this sector are few, and is due to important companies in Indonesia are mostly owned by foreign ownership or foreign investors.

In conclusion the government subsidy to the people always will be disturbed and government policies that always seeks to reduce and eliminate subsidies clearly contrary to the objectives of the state into as mentioned in para-IV in the Preamble to the 1945 Constitution.

Indonesia In Crisis Law Compliance

Legal culture is closely connected with the awareness of law and embodied in the form of behavior as a mirror of legal compliance in the community. In the legal culture of a tradition that can be seen daily public behavior that is consistent and reflects the will of the law or the guidelines established law applies to all legal subjects in the life of nation and state. In the legal culture of society can also be seen whether our society in the legal consciousness has really uphold the law as a rule in life together and as a basis to resolve any issues arising from the risk of living together.

However, look at the material, which in the criminal law of evidence has always adhered to the truth that in fact occurred in this case called the material truth, it was really hard to build a culture of substantive law in this country, this suggests that indeed the public legal awareness alone is not enough building a legal culture in this country, because the legal consciousness of the community is still an abstraction, not a real form of behavior, even though our society either instinctively or rationally actually aware of the necessity of obedience and respect for the law.

Legal expert Prof. Sociology Satjipto Raharjo, in his book "-The Other Side Of The Law in Indonesia, Compass Publishing, 2003", implicitly concluded that, the feeling of not guilty, even if the decision judex factie (PN and PT) has been declared guilty in question is a bad precedent for culture of law enforcement in this country ". Sociologist critical view that law should be a reflection of us, since it contained a very deep message about the need we mentradisikan legal culture in this country, because the law is impossible without an embedded culture of law can be enforced with justice.

Therefore even though our society is aware of the laws in force in the country, our society is not necessarily comply with the law. Compliance with the law is a substantial thing in building the legal culture in this country, and whether it is actually legal compliance?.

Compliance with the law is the law of expediency consciousness that gave birth to the form of "loyalty" of society against the law values that apply in joint living behavior manifested in the form of actual adherence to those values which the law itself can be seen and felt by fellow members of the public.

Writers need to emphasize again, that compliance with the law society is essentially a public awareness and loyalty to the applicable law as the rule (the rule of the game) as a consequence of living together, where loyalty is manifested in the form of actual behaviors that law-abiding (between das Sein by das sollen in fact are the same).

In a contra-rio in society if we get that many people do not obey this law because the individual and society are faced with two lawsuits in which the fidelity between the demands of loyalty to one against the other demands of loyalty. For example the public is confronted with the choice of law or the faithful against faithful to the "personal interests", loyal and obedient to superiors who ordered the fight and kill or be loyal to his conscience which says that the killing was not good, or more commonly as often happens to people not obey the traffic rules, acts of corruption, anarchism and acts of vigilantism (eigen rechting) because they are more loyal to advance personal or group interests, etc..

Moreover, today's society become more courageous lawless personal interest in law enforcement because their value does not have authority anymore, where law enforcement because of his personal interest is also no longer be good law enforcement, perceived discriminatory law enforcement. So in this case, loyalty to self-interest becomes the starting base of why human beings or society we are not obedient to the law.

If the loyalty factor can not be relied upon again to make people obey the law, then the state or government will inevitably have to build and make the public fear as a factor that makes law-abiding society. Legal authority will be felt if we had a strong commitment, consistent and continuous, enforce the law without discrimination, any person shall be subject to the law, law enforcement should not be partial to anyone and for any reason, except to truth and justice itself. Therein lies the dignity of law and legal justice.

But if the law applied in a discriminatory way, full of political engineering, can not be trusted again as a means to fight for rights and justice, then do not blame if people would fight for their rights through the law of the jungle or violence or physical violence (eigenvalue rechting). In fact many of today's Indonesia has undergone a crisis of compliance with the law because the law has lost the substance of its purpose, and public attitudes have viewed buadaya law is enforced in a discriminatory and impartial to the specific interests of the wealthy, and powerful. Quo Vadis Law Enforcement Indonesia ...?