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.