Responsibility Law Enforcement

Accountable law enforcement can be interpreted as an attempt by the implementation of

law enforcement accountable to the community, the nation and the state concerning the
lack of legal certainty in the legal system, law and justice for the benefit of society. Law
enforcement can not be separated from the legal system itself. Being the legal system can
be defined is the part of interdependent processes that must be enforced and complied
with by law enforcement and also by society for the sake of upholding the rule of law. For
example, if a person is arrested, the items seized in his power for allegedly nothing to do
with the crime, but the legal process is not running even never completed, the Criminal
Procedure Code and human rights violations in the legal process is one proof of the
absence of law enforcement in the country Here you are.

For it is necessary steps to establish the rule of law (Law enforcement) accountable,
among others:

1). The need for improvement or updating and supplementing the law and existing
legislation;

2) Improve the quality of Human Resources (HR) Law Enforcement in terms of both
morality and intellect, because many law enforcement that exists today does not
understand well the ideals of the law being upheld;

3). The establishment of an independent institution by the Government whose members

consist of elements of the wider community of intelligent (non-active judge, prosecutor
active and inactive police) aimed at overseeing the process of law enforcement (law
enforcement ') where the institution is authorized recommends granting sanction for law
enforcement officials who violate the law enforcement process has been determined.
(Vide: Article 9 paragraph (1) and (2) of Law No. 4 of 2004 on Judicial Power, article 17
Jo art. 3, paragraph [(2) and (3)] Jo. Psl.18 paragraph [(1) and (4)] Law No.39 of 1999 on
Human Rights (Human Rights);

4) Keep doing standardization and additional provision of adequate welfare, especially for
law enforcement salaried namely: Judges, prosecutors and police unless Advocate that
their professionalism as the largest part of law enforcement in Indonesia is expected to
focus more on law enforcement in accordance of the goal of the law itself;
5) The conduct of the socialization of law and legislation intensively to the general public
as a consequence of the legal principle that says that; "Every society is considered to know
the law". Here the role of print media (press) and electronic media "s (TV-Radio), as well
as groups Nongovernmental organizations (NGOs) are indispensable, because they are
much aware and concerned about the dissemination of information, as well as doing"
advocacy "to the public, government and the parties concerned to the establishment of
behavior and legal culture in this country; .and

6) There should be good will that gave birth to the determination (commitment)
together with the enforcement of the law ('law enforcement') are consistent. This
commitment is expected to be born mainly started and initiated by law enforcement
agents as "chess dynasty", consisting of: Judges, Advocates, Prosecutors and Police, which
of the commitment is expected to be followed by the whole society, so that in turn will
be born anyway legal culture in this country;

But the proposal above steps to build an accountable system of law enforcement would
not be able to run smoothly without the full support of the Government of the net
('clean government'), because law enforcement ('law enforcement') is part of the legal
system of governance. That the state government ('lapuissance de executrice') should
ensure the independence of law enforcement agencies in this regard subordinate
institutions "Attorney" and "police" because the real guarantee of a law enforcement
agency of a political platform that seeks to government law-conditioning system
behavior in the Indonesian society life of the nation so that the public attitudes
governance support the achievement of the ideals of the Indonesian people are to be
found in the fourth paragraph of the Preamble of the 1945 Constitution, which is:

1.protect whole Indonesian nation and the entire country of Indonesia;

2. Promote the general welfare;

3. Educating the life of the nation; and

4. Participate implement world order based on freedom, lasting peace and social justice;

Law enforcement and accountability are the basis of evidence that Indonesia really as State
Law ('rechtsstaat'). People should be informed of the criteria / size as a basis for assessing
the accountability of law enforcement accountable. Therefore, in establishing an
accountable system of law enforcement that there needs to be a systematic and organized
 Ethics and Moral Politics vs. Law Enforcement

In practice between Politics and Law is difficult to separate, because each a regime is in
power in each country has "political law" itself in melaksana concept of government
objectives, especially relating to the development and political policies both domestically
and abroad.

So do not be surprised if in this country so a change of government that followed the

change of the Minister of the rules and policies that executable also changed, and every
policy must require support in the form of legal protection is a law of the political power
of the ruling regime that the regime have a legitimate foundation of the concept and
development of the exercise of political strategy. Political strategy in the political struggle
of the law should be run with regard to ethics and political morality.

The "Political Ethics" should be understood in the context of "ethics and morality in
general". Talk about "ethical and moral" at least three things: first, ethics and morals
Individual more concerning liability and human attitude towards himself. One of the
principles that are specifically relevant in individual ethics is the principle of personal
integration, which speaks of a particular individual's behavior in order to preserve and
maintain the personal name as a moral good. Second, social moral ethics refers to the
obligations and rights, attitudes and behavior patterns of humans as social beings in their
interactions with others. Of course, as human nature is twofold, namely as individual and
social beings. Third, environmental ethics pertaining to the relationship between human
beings both as individuals and as a group with the wider natural environment.

Indonesia as a state based on law whose existence is a product of "political decision" of a

legal political regime is in power, so it can not be avoided in the process of law
enforcement implicitly 'interference of the regime' there must be. Moreover, the
Indonesian government system in the context of "Trias Politica" application is not pure,
where the Legislative, Executive and Judicial existence does not stand alone. Indonesia is a
concept in the form of trias politica 'sparation of powers' (separation of powers) instead
of 'division of power' (power-sharing). Where appear in the process of law-making role
of the government is so dominant determine the enactment of laws and legislation in this
country.

This fact can actually cause dissatisfaction of the people in the law enforcement process in
Indonesia what else on the other side of the politicians in this country less understand and
respect the "political ethics" when they run the democratic process which always tends to
violate the law and the rules that they agree on their own, so not many have questioned
the excessive political morals of the politicians of this nation. Excesses of popular
discontent in the practice of democracy and the rule of law that occurred during this has
led to the phenomenon of distrust and disintegrasion nation which in turn threatens the
integrity of the Republic. It is no wonder since 2001, MPR issued Decree No. VI / MPR /
2001 on the Ethical Life of a Nation. Where the birth of this TAP, influenced by weak
understanding of the ethics of national, state, and religion. The emergence worries
representatives in the Assembly revealed since the multidimensional crisis that led to a
serious threat to the unity of the nation, and the decline of the implementation of the
ethical life of the nation. It appears from the protracted social conflict, reduced manners
and nobility in social interaction, weakening honesty and attitude of trust in the life of
the nation, a waiver of the provisions of the laws and regulations in force in this country.

So political ethics in turn has a strong contribution to the well-absence of law

enforcement in this country, let alone the moral of Law Enforcement is already
dilapidated, then it can not be denied was complete rworsa law enforcement in our
beloved country Indonesia.

So before already severe and hopeless, like it or not we all have to immediately build this
nation's morale, give people an example and a good example of the Lords, the politicians,
the public and religious figures, waking up the education system to promote moral
education and personality so that it also determines whether or not the student and
graduate students, without a culture of ethics and moral owned Indonesia next
generation in turn would be destroyed as a sovereign state and dignity, even the people
will feel the fate will be far worse than the times when people Indonesia was colonized by
the Dutch.
 Type equation here.

Mark and Judicial Mafia makelar kasus

Broker Case (markus) here is meant, anyone who tried and attempt to influence the Law
Enforcement who is handling the case, so that the legal process benefit certain people with
giving bribes in the form of certain benefits, so it is very detrimental to their actions
seeking justice who should receive justice, or the expense of innocent people as sacrificial
law. Therefore this markus be very promising jobs fortune.

Mark in principle usually done by people who are not law enforcement, which claims to
have a good relationship and have access to the officials who are working on specific cases
with the promise-jani, as follows: 1) to issue a suspect from custody; 2) Can not dampen
his case to the Court; 3) Can conditioning of the article that snared the weight should be
made to the article alleged mild to suspect; 4) split the case then freed from the back
door; 5) Relieve demands (requisitoir); 6) Relieve the decision; 7) If you already arrested
and had to go to court, then conditioning BAP and witnesses so as not proven, and can
be prosecuted free; 8) Mengupayakankan special facilities in the crease; Etc.

In general, "markus" can also be done by law enforcement itself, either directly or
indirectly by using another person as an intermediary which he created himself. Judicial
Mafia being here is meant in the law in practice, where the law enforcement system and
culture that is run by the Law Enforcement, provide opportunities for embezzled, which
implicitly "law and justice" has been turned into a commodity that can be traded,
depending on who is order. Law and justice can be bought by those people with money,
so he became an expensive item in this country.

As for the Realtor case (markus) the Judicial Mafia are two things that synergize or need
each other, even in practice sometimes can not be separated. Judicial Mafia much broader
spectrum of Broker Case. In this country enforce Law Enforcement likened like wet yarn
in other words, of the word "difficult and hard to be expected". One indicator that
complicates law enforcement in Indonesia is rampant "culture of corruption" that occurs
in almost all the bureaucracy and social stratification, so it has made efforts of law
enforcement and eradication of corruption, both markus and mob justice which contains
only the rhetoric of speeches sloganitas empty sheer. Even in fact there is no doubt more
and more laws are born then it is directly proportional to the more tradable commodity.
Ironically, not a few parts of our own society who are forced to buy it. Here increasingly
tanpak that justice and the rule of law can not be given away for free to someone if at the
same time there are others who bid. This fact is clear to us the law in this country "will
never" siding with those who are weak and poor. "Once again there will never ...! "

Satire nature sarkatisme said, "give me a good judge, prosecutor good, good cop with laws
that are less well though, will I achieve results would certainly be better than the best law
that never existed in this country". But apparently the law enforcement, politicians,
officials and certain Characters in our society will not have the time and space to be able
mengubris hearts of all forms of satire that questioned the existence of jobs and their
responsibilities to the public. Better thick-skinned and have no shame, of the public satire
menggubris that will reduce their fortune.

The poor performance of the Law Enforcement and poor supervision system is in the
process of law enforcement, has given rise to stigmatization mafia mafia law and justice,
including brokering cases (markus) in Indonesia. The fact is if we trace the whereabouts
turns rooted in the culture of our mentality as a nation. So what is called the "markus"
and "judicial mafia" tend eternal existence because it has become entrenched mentality
virus in the process of law enforcement in this country.

Therefore talk about the Law Enforcement in Indonesia can not simply dismiss the judge,
dismissed the prosecutor and the police fired corrupt, but the improvement must begin
with the development of education with the mentality of our approach to cultural
development as a nation and make moral force which is based on faith and taqwa to God
Almighty, as basic to the establishment of cultural attitudes and behavior of law
enforcement in Indonesia. Without it, everything becomes utopian!