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 ...?