Based
on UUD 1945, Indonesia is a law country, which has a lot of regulation in all
aspect of life whether oral or written rule. Law is compound of regulation which
made by a country or institution who has an authoritative of doing it. Every
people in a country should be a must to obey the rule, if not they will get
punishment for their breach of. But in reality it really contrasts with the
meaning of law as well. Ideals of law should be fair, honest, kind and siding
with the truth. But have a look on the reality there are a lot of unfairness’, there
are a lot of crimes did not clear to be solved, and etc. Why it can happen and
difficult to change? Is it a part of our culture or..? Can we achieve the
ideals of law in the future? In this essay writer will try to answer those
questions based on realty in real life. Have a look the implementation of law
in Indonesia it really bad. The applying of law in Indonesia is selects the
victims. There are some factors why those things can happen. Such as: the law maintenance
in Indonesia is not maximally, the applying the rule is not consistent, the
implementing of the policy is not suitable. The law maintenance are not
maximally, and etc. those things can happen is because of the law system and
all of the upholders of law are not consistent and have not organized well. There
are three factors of weakness of law implementing in Indonesia.
The first
factors of the weakness on law implementing in Indonesia is law’s produk,
actually law that has enacted
today are designed by the former of Indonesian occupiers, especially Dutch, at
first time laws is mated just reserved for the Europeans and the Netherlands. But
because of long time Dutch colonized Indonesia, it was for about (three and a
half centuries), so the law product was very large and not all off the law are
implemented in social life. The law in Indonesian that is implementing now is based
on Dutch’s laws before, but has been revised, supplemented and added. While it
has been revised based on social needs and social factor but it does not
running well in implementing of social life and most of law did not take a part
society on using their right as well. http://pondok24.wordpress.com/2010/04/13/catatan-kritis-pelaksanaan-hukum-di-indonesia/
The second
factors of the weakness on law implementing in our country is law enforcement. It consists of police,
prosecutors and judges. They have their own agencies but they have the same
pathways coordination. The functions of the police as the institutions that
serves the interests of society as well as the public protector, but in reality
these institutions is not act like that and most of society scary with them. This
happens because the image that formed by the members of the police is very bad.
On our views today police is not like that, most of them worked does not based
on their responsibility as a police who protect the society, but they work
based on money, and most of them just always doing public manipulation on
solving the problems, everything is true in this worlds if money talk. Not only
police, prosecutors and judges also is quite similar like that. The fairness in
this country can we buy by money, have a look in justice, there are a lot of
cases are deliberately and did not delegated to the court. Department of
justice is not able to overcome the practice of cheating by the judges. They
usually we called justice mob. Most of the doer of crimes did not have the
punishment that related with their fault, we always see the unfairness in all
aspect of society increase day by day.
The third factor is punishment or penalty of criminal
justice during this time has not changed since Dutch colonialism in Indonesia. So
the laws are less able to provide a deterrent effect and make people aware. There
are many laws are made by law enforcement to regulate people's lives, but the
fact those law are not effective to decrease the cases in our country. Because
in applying of that law are not consistent and many unfairness. Those effects
are because of three weaknesses previously. So as the young generation we have
a responsibility to solve those problems. There a lot of affects that happens
because three weaknesses above, such as Corruption cases increase day by day,
justice mob in everywhere, and many other cases. So as the young generation, to
solve those problems we have start by ourselves, then try to take care the
environment around, do our best for our country and helping each other to got
fare in all aspect of life.
Reference:
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