The Opinions of Law in Indonesia

8/9/2019 The Opinions of Law in Indonesia

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The Opinions of Law in Indonesia

Presented by:

Besse Puspita Syarif

Ahmad Fathoni Halim

Alfiana Adila Iswara

Fatimah Azzahra

17 State Senior High School

Makassar

Table of Contents


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Title page

PrefaceTable of Contents

Chapter 1 Opening

A. Background

B. Problem Points

C. Purpose

D. Experiment method

E. Date and Location of Experiment

F. Writing Systematic

Chapter 2 Literature Observation

A. The Prominent Figure Opinion

B. The Fact of Law

Chapter 3 Discussion

Chapter 4 Closing

Literature list

Attachment


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CHAPTER 1

OPENING

A. Background of Problem

Nowadays, the issue of law is often heard by us. It can be

good or bad perception from the citizen about law.

Law from big-sided definition is a rule which control or handle

the people inside the country or the district. So, the role of law is

important to develop the country especially Indonesia. But, the

public opinion of law is not as good as the ideal definition of law

itself.

From ago, the law had been misused by some sides that had

interest in their problem of law. Even now, the corruption,collusion, nepotism, or bribes are not strange word for all of us. It

is proved that the purpose, the true meaning of law doesnt run

well anymore.


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Actually, there is no wrong in our law. Our law just wants to

bind the citizen in order to be created the prosperous condition.

But the indistinct measure from government makes the law

becomes unhandled and unclear.

Although some problems can be solved from the government-

in this case, the polices- but it is just appear problems and all of

the people do not know absolutely about the real problems of

Indonesia is what.

So, we as the sixth group want to identify the opinion of law in

Indonesia and from that we may get a solution for the law in

Indonesia.

B. Problem Points

The three big problem points in this paper are:

1. What are the public opinions of our law?

2. What are the dysfunctions of law in our country?

3. What can we do for the law?C. Purpose of Experiment

1. Know the problems of law in Indonesia so that it opens

our eyes.

2. Know the dysfunctions of our law so we may repair it.

3. Think and do positive things for law.

D. Experiment Method

In this case, we just use the Source observation because

some reasons that we have. In this paper, we take any

opinions from some people who have a big participation or

the object of the law.

E. Date and Location of the Experiment


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Actually, we have finished this paper on 4th June 2010, but

because of any problems, the 2nd time we finish it on 11th June

2010. We take the limitation in Indonesia.

F. Writing Systematic

This paper has writing systematic liked below:

Chapter One Opening : in this chapter, we give the readers

the background, problem points, the

purpose of our paper, experiment method,

date and location, and writing systematic to

introduce firstly about the discussion inside

the paper.

Chapter Two : in this chapter, we give the readers the

source observation and fact that we have

about the discussion.

Chapter Three :in his chapter, we discuss the result from

the source observation that we get.

Chapter Four : in this chapter, we conclude the discussionand give some suggestions for the readers.

At last, we attach some attachment and we give literature list.

CHAPTER 2

LITERATURE OBSERVATION

A. Prominent Figure Opinion


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Article-news

"I am not an advocate for frequent changes in laws and

constitutions, but laws and institutions must go hand in hand with

the progress of the human mind. As that becomes more developed,


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more enlightened, as new discoveries are made, new truths

discovered and manners and opinions change, with the change of

circumstances, institutions must advance also to keep pace with

the times. We might as well require a man to wear still the coat

which fitted him when a boy as civilized society to remain ever

under the regimen of their barbarous ancestors." -Thomas Jefferson

Drs. Abd. Choliq, S.H., M.H.-Law enforcement is the duty and

responsibility of all components

who under the law (Rechtstaat), duties and responsibilities of

communities, institutions

police, prosecutors, courts and advocacy organizations. Hope all

people who dream come true justice in Indonesia, the law

enforcement

fair shake and ensure legal certainty should not be not to be

realized by

institutions / agencies related to law enforcement in order to play

an active roleto uphold public justice (law enforcement Selecta Capita

Indonesia, Performance Library, 2006, Cet I, p. 133).

Improved performance of the judiciary and other law enforcement

institutions

accompanied by the spirit to continue to maintain honesty and

fairness in its implementation.

In discussing the judicial domain is always located on the rules

and regulations,

so that the court viewed as a community that seemed orderly and

regular

because it only shows the front (Front side). While the rear of


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Judicial and other law enforcement agencies were not observed.

What it means

happens behind the examination process in the police, prosecutors

and courts do not reached by the observations (Ibid, pp. 134).

Important part in enforcement is the role of law enforcement

to examine the case with all related positions including the parties

associated with the case, requiring precision and regulations related

to

be violated, the extent of the offense. In implementing the

necessary

exegesis (interpretation) the depth it needs dedication, honesty and

performance

high.

Interpretation that supports the community justice is achieved:

grammatical,

Historical, philosophical, etc.. In the execution of law enforcement

agencies more convergent on the interpretation of grammaticalrules that refer to the formulation of legislation.

Whereas with grammatical interpretation that's all, not enough

support materialized justice and law enforcement are proportionate

and fair, but must be supported interpretation another example of

philosophical interpretation, why would someone do / not do or

receive anything. With grammatical interpretation can be classified

as

criminal acts. But with such a philosophical interpretation, why take

something perhaps due to starvation, forced and taken very little

value

once, so with a philosophical interpretation of them may be able to


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release

the person from legal entanglement. (Ibid, pp. 136-137).

Condition of Law in Indonesia

Law enforcement in Indonesia in relation to the case of Bibit-

Chandra, Susno Duadji and Century Bank overlap. All parties want

to show off and looking for sympathy. While Susilo Bambang

Yudhoyono as president could not act decisively as the 'father of

nation'.

According Yurisman, chairman of the snack Mark (National

Solidarity Anti-Corruption and Anti broker case), that's where his

roots. Why not be decisive if SBY is likely involved?

Yurisman say yes there is that possibility. He gives an example

of one of the irregularities in the case Susno, all want to

'overshadow' Susno, ranging from the National Police Commission,

SBY, until LPSK (Witness and Victim Protection Agency).

The role of the president

According Yurisman SBY does not give legal opinions are

correct, even straddling the law. All high state institutions have

spoken, where the role of president? Nothing at all. There is no

firmness. Thus Yurisman.

When the case first Seed-Chandra crowded, SBY to intervene by

forming Eight team for example. Is he now going to intervene

again? Apparently not. Why did not he intervene? This suspicion of

people fishing, so Yurisman. While he thinks, if SBY immediately

take action, can all be completed.


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Intelligent revolution

So what should be done? According Yurisman, the community

must take decisive action, there must be intelligent revolution, but

not revolution spilled blood. He encourages people to talk to SBY, so

also KPK dikangkangi not like other higher institutions.

Yurisman continue, there seems to be an actor playing behind all

this. This is what makes SBY and the Police in terms of

criminalization Seed clam-Chandra, Century Bank and Susno.

When asked his opinion about the rule of law in Indonesia, Yurisman

asserted, this means a red card to Indonesian law. Law can not be

enforced significantly, because only applies to small communities.

One of the concrete steps that can be done is to reduce SBY

National Police, as the most the first who refused to enforce the ruleof law.

Learning from the Dutch

According Yurisman, the enforcement of this law, Indonesia

should learn from the Netherlands and asked for international

support. This is important so there is no legal use for certain circles.

Because Indonesia does not want political change.

A product is said is true if packaged properly, so Yurisman.

Yurisman with snack Markusnya will continue to fight for it. He


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believes because of the support from the wider community, as well

as from the regions.

Objective opinion on the Indonesian Legal

In my opinion if it is related to purposes of the law in Indonesia

affected by the flow Mixes oriented to order. Because, according to

Mochtar Kusumaatmadja and the first principal purpose of law is

order. The need for this order is a basic or fundamental condition for

the existence of an organized human society. Then according to

Soerjono Sekanto Purnadi and legal purposes is the peace of

interpersonal life that includes the external order inter-personal and

personal internal tranquility. According to the law, Soebekti was

serving the purpose of the State, namely to bring prosperity and

happiness to its people. In serving the country's goal should be to

carry out any justice and order. It can be seen from Alenia to four

Opening Act - the Constitution, which reads "Later than that to form

a government of Indonesia that protect the entire Indonesian nationand all the spilled blood of Indonesia and for the general welfare,

the intellectual life of the nation, and participate in world order

based on freedom, lasting peace and social justice, national

independence was then compiled in an order of the Republic of

Indonesia which is based on powered people with: Belief in God

Almighty, just and civilized humanity, the unity of Indonesia, and led

by a populist policy in parley / representatives, as well as the

realization of a social justice for all Indonesian people.


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DISCUSSION

From the date that we get, we know that Indonesia has same problem with other

country. Thats why we take the international opinion of law because it gives the

basic for the law opinion in Indonesia.

Law in many contents refers to making the citizen better. The purposes of law

also tend to repair and keep the nation stability. But, some problems show the bad

side of the law person.

To help the problem of Indonesia, there must be consciousness of the people to

do the system well.

From the literature that we get, Indonesia has two big problems:

1. The awareness of Indonesian and government in Indonesia.


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2. The law lead to government and law upholder institution, not the citizen

First, the awareness is the biggest important character that the people must have

actually. The awareness of the people can develop the country, can decrease the

corrupt rate, and can reduce the environment problems, etc. yes, and the aware of the

condition of Indonesia will solve the problems. But, how can we increase the rate of

awareness in Indonesia? This is our homework and government also. All of us are in

improvement indeed, right? So, its not wrong if the realization increases now and do

not wait the time pass casually.

Second, the law leads to government and law upholder institution, not the citizen

anymore. In this case, the justice is staked. Why? The object of the law is citizen. The

government is for the citizen, right? But, the fact, many laws prosper the high official

while the citizen cry, ask for food but not given, so, where is the justice side? Because

there is no justice anymore, demonstration, rally, and the other action make the

government become dizzy, and it disturbs other people also. Both sides get no

advantage. Actually, if the government totally cares with this nation, they will take

distinct action to stop the criminality, and other. Although KPK is the distinct-

maybe- of the government, but it is not enough. It is proved by the KPK unclearproceeding now. There was unclear law object add in this country by the time.

So, it is our job and all of side who wants to get justice and improve the law in this

country, to increase the awareness and the government action to be better.

CONCLUSION AND SUGGESTION

From the points of problem, the conclusions are:

1. The opinion from the people about the law refers to the implementation of the

law itself that must be repaired.


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2. The dysfunction of law in Indonesia is created by all of side in Indonesia that

caused by government at first, like the unsafe demonstration, corruption, and

no justice.

3. To help our law, we can increase the awareness from ourselves.

As the better things for the next, we suggest:

1. To know the opinion of law, you may interview your own classmates or other.

2. Be objective to value some problems.

http://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-

di-indonesia/

http://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-

indonesia

pa-cilacapkab.go.id/artikel/pandangan.pdf
http://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-di-indonesia/http://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-di-indonesia/http://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-indonesiahttp://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-indonesiahttp://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-di-indonesia/http://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-di-indonesia/http://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-indonesiahttp://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-indonesia

The Opinions of Law in Indonesia

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