Legal System Without Belief

Lately, our society bobroknya treated to news about law enforcement in Indonesia. Starting from the case of Gaius Tambunan, engineering Investigation Report on the scavenger named Chairul until finally he was not proven guilty, until the act of "star wars" in the police in taking action against mafia practice law.



Instantly, the community became outraged by the conditions of our legal system that profanity. Concerned with the condition, NGO Indonesia Corruption Watch (ICW) in April declared that Indonesian law is in "emergency condition" due to the outbreak of mafia practice law.



Though, as said by John Locke, English philosopher, in Social Contract Theory that a legal system created by government authorities on the basis of public trust, with the hope that through the sovereignty of the government (government sovereignity) their rights can be protected and create order in the life of the nation and state ..



Damage to public trust in the legal system will automatically create a government objective in creating the legal system will never be achieved.



As a result of the lost confidence of the law

Damage to the order of the legal system has a greater impact for the life of our nation. Not only provides an opportunity for people like Gaius for embezzling taxpayers' money or make little people like Chairul as victims, but also has made a terrorist in this country to freely act by giving them the opportunity to create a false identity and buy weapons for use in acts of terrorism.



So it is with providing the opportunity for community groups to pressure the majority of minorities. I think we got enough people get a lesson from the destruction of the order of the legal system



These real examples, clearly show that there is something wrong with our legal system that has been built. Society becomes increasingly do not trust the legal system that should protect them.



Phillip Howard, the U.S. Justice Activist, founder of Common Good, in a speech entitled "How To Fix a Broken Legal System" to say if there are circumstances where the order of the legal system run by the government in a broad sense is no longer trusted by the community, it will be called "Universal Distrust Of The System".



This condition has characteristics which the law is no longer viewed as "human Institution," which can provide a sense of protection of their rights as citizens. Therefore, it must be done immediately steps to perform a trust or "restore the trust".



I strongly agree with Howard, because the sense of trust to a legal system created by the government would make the law as the most effective instrument of control in life of nation and state. Society put great expectations on the legal system.



Government Actions Against Overcoming Crisis Trust Law

The Government, in fact already be well aware the loss of public confidence in the legal system. Then as the solution, start to set up institutions of "extra judicial" such as the Task Force on Combating the Mafia Law (Mafia Law Task Force), then law enforcement forum between the Supreme Court, Ministry of Justice and Human Rights, Attorney General and National Police (Mahkumjakpol) for began to cultivate a sense of public trust in our legal system.



Judging from the facts, Task Force to move a case by case basis only and do not have the authority to execution. Mahkumjakpol formation which also have been done in the era of President Suharto. cites the opinion of legal experts Luhut Pangaribuan, the formation of law enforcement forum only shows that the law as if can be negotiated. (Compass May 5, 2010).



Such a solution is not more simply put "Band-Aid" on the wounds described as ketikdapercayaan community. Obviously, the wound will never heal completely because the only "covered". We need more than just "cover the wound", which we need is a total reform of the judicial sector.



The more clearly, what has been lost is the belief of our own legal system which is still far from community expectations.



How do we now rebuild public trust in the legal system? and where we should start building?



Building trust is not possible in a short time and can not be done with just a "cover up injuries." 1000 years can not be sufficient if we do not mobilize all existing efforts.



All forms must be eradicated and mafia law convoluted bureaucracy in the field of law should be simplified to cover the possibility of corrupt practices. Full commitment of the government in a broad sense is needed.



Then law enforcement officials must also be disciplined first. Culture that is ingrained corruption must be eradicated from an early age through the educational system, recruitment and remuneration systems are also good.



Supervisory functions of law enforcement plays an important role. Such oversight commissions to justices of the Judicial Commission, the National Police Commission (Kompolnas) for Police and Prosecutorial Commission must be strengthened. So also with the advocate, who until now are still busy fighting for the affairs of their respective powers.



Step revising our Constitution which is still in conflict with the values of human rights, the colonial legacy and not in accordance with the development of a new society was useful if the existing trust in legal system construction.



If people believe in the existing legal system, then society itself will be happy to comply with the laws made by the government. because their expectations were there. They believe the government will protect their rights as citizens and not abuse the trust given.



In the end, we no longer need extra institutions such as the Task Force, also Mahkumjakpol Corruption Eradication Commission. After that, then we are ready for the challenges facing the nation these days, and realizing the ideals as a prosperous nation