Keep the hope and reality

The application is responsible (responsible) can be interpreted as an attempt to apply the law of public accountability, the state and the nation as part of legal certainty in the law, is also tied to the law of justice and utility companies. Law Enforcement is closely connected with the legal system itself. The legal system can mean that a part of the process / steps that are interconnected and must be conducted and supervised by the application of Community law, which led to the creation of legal certainty.

And "well known to the police in Indonesia is very alarming, masyarakatpun also strangely, is never a barrier to keep breaking the law so that people are trained in business from top to violations of law the case of a violation traffic or the common definition of criminal conduct or driving offenses of corruption, no problem. Most people who have been trained and the legal process and are able to influence so that it can be released from the trap of the sentence. It an indicator of weak law enforcement in this country.

Although no action should angkah very repressive system, including: 1). The need to improve or update and complement existing legislation and existing legislation, for example, must be followed by a Government Regulation (PP) of Act 4 of 2004, in particular by providing for criminal penalties for violations of the penal code, in particular that the organization were arrested, detained, prosecuted or sentenced, without a clear law, or accidentally by law or established pursuant to Article 9, paragraph (2) Law No. 4 of 2004, the judiciary, 2) Improve the quality of resources human resources (HR law enforcement), both in terms of morality and intelligence, in part because the law currently exists, does not include the ideals of law is respected;

3). The creation of an independent agency of the government, its members will consist of an intelligent society (non-active judges, prosecutors and police active ingredients), which aims to ensure compliance (enforcement of the law ") that the Agency recommends that the authorities gave sanction for the enforcement of law in violation of the laws of morality and / or violation of the implementation process saw [Article 9, paragraph (1) and (2) of Law 4 of 2004 on the judiciary, Jo. Article 17 Section. Jo Articles 3 (2) and (3) Jo. Psl.18 subsection (1) and (4) of Law No. 39 of 1999 on Human Rights (Human)], 4) The need for rules welfare of others and the will to do, especially law enforcement officers, judges, prosecutors and police (not legal) for their professionalism in law enforcement in Indonesia is more concentrated in larger work with the right destination under the laws of force.

5) The conduct of legal and social legislation by the public under the legal principle that says that "all companies are considered to know the law," even if the product is a new law passed and promulgated and published in the state. Here, the role of legal aid or legal assistance, legal assistance and non-governmental organizations or similar institutions is necessary, particularly in the production of "defense" of the laws and regulations can be effectively distributed and respected by all components that exist in this country to achieve the objectives of the law itself. 6). The share of construction (commitment) in town for the uniform application. This commitment must be born, especially in the beginning and the initiative "The House of Chess" application of the elements, or 4, ie, judges, lawyers, prosecutors and police, and commitment that can be emulated and followed in whole of society;

However, the measures suggested above for a sound system of law enforcement would not be able to run smoothly, without the full support of the government itself ("clean government"), as the law is applied (application of law '") is part of the legal system of government. State Government ("executor lapuissance"), the independence of the agencies that depend on it to enforce the law that this institution, "The Practice" and "Police" entities in reality that the law is the law of government behavior policy platform mengkondisi grammar aware of Indonesian society and are trying to enforce the law in the life of the nation. The application is based and the evidence that Indonesia is a true rule of law ("rule of law" ). Also, people should be aware of policies and measures are used as a basis for assessing a police force accountable to the public in a control culture of the society, without which the police in Indonesia is only good in the Republic of dreams to create.

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Injunctions in idem NEBIS State vs Miranda

This short (meascure provisional) is an important decision for the judge issued a court hears both civil and criminal cases. In this case, the authors are limited to the preliminary determination in criminal proceedings. Practical examination in criminal cases, usually brief imposed following the exclusion of the defendant or his counsel. The lawyer for the defendants, except usually plays an important role in the imposition of the preliminary determination by the examiner of the court.

Exception to the defendant or the judge must inform the law provides for "provisional decision" to accept or reject the request. The form and nature of the decisions of courts in exceptional cases that the defendant or the defendant is composed of three types:. The determination, a preliminary injunction and final decision-making over the objection can be formulated in terms of design, the Court held that the Court refers is not entitled to be informed and to delegate to another judge. While others may take the form of a trial, which means that among the verdict was announced before the imposition of a final decision. It is a short form and nature of the final decision, which means that the treatment is stopped the same thing. The consequences of this decision shall enter into force in idem principle NEBIS. (See: Letter No. 3 Ederan MARI 2002 January 30, 2002 NEBIS in idem).

Consequences and legal implications of each of these forms of short certainly different. In short, the determination of the form, then the attorney / defend his case directly to the court hearing. Although this form of decision of the Decision contains a rejection of the exception to the judge continued the case to the Attorney / Prosecutor immediately filed a series of test instruments. However, if the preliminary determination in the form of a final decision, efforts can be made by the Attorney / Prosecutor is the resistance, or the final resort, given the substance of its decision. That the preliminary decision meruapakan a mechanism in the judicial process in our country which has confirmed the existence and function.

The author believes that the preliminary decision is a means to monitor the performance of the Attorney General / Attorney, which means they were in no hurry to make the prosecution, the presentation of a valid application datau an investigation. In practice, this is a preliminary determination that the prosecution by attorney Attorney / can not be accepted because the charge is based on studies that are not valid or does not conform to the edicts of the law, including criminal investigation punishable death, 15 years imprisonment or a fine of 5 years imprisonment or more for those who can not afford, where suspects in the investigation process is not accompanied by a lawyer (attorney), because the employee concerned has not complied with his court-appointed duty of the suspect / accused, then the results of investigations in this case must be reversed, even if the researcher has obtained a declaration that the defendant is not prepared to recommend its use.

So if a researcher has, in fact, Article 56, paragraph (1) of the Code of Criminal Procedure and the results of the study (BAP) in this case violated if an exception is the attorney / attorneys, judges have the courage to selanya declare the verdict, the results of the study (BAP) to cancel the same suspicion. The case against the lawyer / prosecutor may not directly cause the new rates and then to the Court, but legal action against these cases, the prosecutor can appeal and the appeal is not a resistance to the legislation. There is also a preliminary decision is a final judgment of the case shall be final. This can happen if you do not, except in the areas of competence requires acceptance of the fall, and all claims, since it is a civil dispute.

In this case, if the latter case, again by the NEBIS Attorney / Prosecutor applied in idem. Among the scholars who say the conditions to be met NEBIS part in idem is a suspect is convicted on the basis of the contents of your case, the main form of belief, free or free from any claim, is not completely wrong or no, because in fact, there are exceptions that are not yet involved the main proceedings and the decision is final and the decision NEBIS in idem applies, among other exceptions to the authority "of the court" (incompetence Exseption) in both absolute and relative terms than is the "requiring authority, the fall", namely: 1) except Judas category (Article 76 of the Criminal Code) 2), an exception tempores (Article 78 of the Criminal Code), and 3). matrices defendant (Article 77 of the Criminal Code).

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Legal Compliance Crisis in Indonesia

Legal culture is closely linked with the legal awareness and behavior is realized in the form of law as a mirror of society. In the legal culture is a tradition that every day can be seen in public behavior that is consistent and reflects the will of the law or the established guidelines of the Act applies to all subjects of the law in the life of the nation and the state. In the legal culture of the society can also be seen as our society is in serious legal consciousness upheld the law as a rule of life together and as a basis for problems resulting from the risks of living together to solve.

However, looking at the material in the evidence in the criminal law has always adhered to the truth that in fact happens is this thing called the truth of the matter, it was very difficult for a culture of the law to build in this country, suggesting that real knowledge of the law alone is not sufficient to promote a culture of rights in this country to build, because the legal conscience of the community remains an abstraction, not a true form of behavior, even though our society is instinctively and rationally informed about the necessity of obedience and respect for the law.

Legal experts Prof. Sociology Satjipto Raharjo, in his book "The other side of the law in Indonesia, Compass Publishing, 2003," implicitly concluded that, in the sense of innocence, even if the decision Judex faction (PN and PT), has been convicted question is a bad precedent for the establishment of the legal culture in this country. "Critical view of sociology, the law should reflect us, because it is a profound message in the culture mentradisikan legal necessity in this country, because the law is impossible without a comprehensive culture of a law can be enforced.

Therefore, although we are aware of the laws of the country, our society is not necessarily conform to the law. Obeying the law may be important in building the legal culture in this country, and if it is actually the legal requirements?.

Law enforcement is aware of the legal benefits that the form of "loyalty" to the values ​​of the legislation in force in life have made with the attitude expressed in the form of effective enforcement of the values ​​that the law can be seen and to hear the other members of the public.

Authors should emphasize again that the rule is essentially a public awareness and loyalty to the applicable law, as a rule (rule of the game) as a result of coexistence, that faith expresses itself in terms of behavior really have respect for the law ( in particular pushover das das Sein, in fact the same).

Unlike a person in the community, if we find that many people do not obey this law because the individual and society are faced with two processes where the wedding between the demands of loyalty to each other in conflict with the demands of loyalty. Thus, people are confronted with the choice of the faithful or unfaithful to the law against "private interests", the faithful and obedient to superiors who ordered the war and kill or be faithful to his conscience say that killing is not good, or more generally, as often people do not obey traffic laws, corruption, acts of lawlessness and vigilantism (Private rights tax) because they are more loyal to self-interest or group, etc. to prioritize.

Moreover, in today's society more and more daring self-interest, without application of the law because they have more authority, where the police because of their personal interests are no longer good law, experienced discriminatory application. So in this case, the loyalty of their personal interests based on a human or decrease, because our society does not comply with the law.

If the loyalty factor can not be invoked to enforce the law, the state or the government wants to build and the public fear as a factor that makes people obey the law. The judicial authority will be felt if we have a solid, consistent and continue to enforce the law without discrimination, a person is subject to the law, the observance of the law not only partial to anyone for any reason whatsoever, exception of truth and justice itself. Herein lies the dignity of law and legal justice.

But if the law is applied in a discriminatory manner, full of political engineering, not to trust more as a means to fight for justice and righteousness, then do not blame people if they fight for their rights through legislation or violence jungle or physical violence (Private rights tax). In fact, much of Indonesia today had a crisis of law enforcement because the law has lost the essence of his purpose, and public opinion have buadaya law applies in one. Discriminatory and impartial to the specific interests of the rich and powerful Quo Vadis Law enforcement in Indonesia ...?

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