Mafia Law and Justice

Mafia Law refers to the formation process of the law by the legislature are a lot of notes of a few narrow interests of certain political orientation groups. It was then that the law in Indonesia's policy towards the achievement of all the political nuances of the law can only be admitted as a doctrine and a political decision on public policy, political nuances here, but not the narrow interests of a "political laws" the second, but it aims to balance the interests of the whole community of life and long term.

As one small example of the birth of the Labour Law No. 25 of 1997 which began on October 1, 2002 (based on No. 3 of 2000, which was designated as the 28th Perpu Act 2000), but still no place under six months UU the legislation was repealed March 25, 2003, with most states diundangkan # 13 in 2003 to replace the Labour Act No. 25 of 1997.

A mixture of the Law on employment in Indonesia can not escape the attraction between the interests of the employees' interests with the interests of traders must have business interests is supported by the designated "Politicians are rotten."

Finally was able to establish the existence of Law 13 of 2003 councils, employment is more favorable in practice between operators. Statement of the fate of others suffering agree, and everything happens for a political factor to legislators to limit.

Mafia is the justice here means that the law in practice, is in the hands of law enforcement implicitly that "law and justice" has become a product that can be exchanged.

Law and justice of the state expensive products. The principles of justice, that the magnitude of the costs, companies in a fast, light and medium term is hard to find in judicial practice. Application of state compared to determine how connected immersed in other words the "sensitive and difficult to wait."

A rule of law in Indonesia is done quickly "culture of corruption in the bureaucracy and the social stratification which is made of the rule are limited by sloganitas with rhetoric and empty words.

In fact, the law again, it is undeniable that not a direct result of the goods may be charged. It's a bit 'is, ironically, part of our community who are interested as a buyer. Here Tanpak more justice and legal certainty could be given for free only to a person or the same as he had offered to another party.

This statement is to clarify the law in this state "never" for the weak and poor. "Again, never ..." Sarcasm is the nature sarkatisme said, "Give me a good judge, a prosecutor rather a good policy with the arms straight, but I got the results that are better than the best bed ever this country."

But perhaps the police, politicians, the Agency and the personalities of our society does not have the time and space to be happy mengubris all forms of satire, in which the existence of duties and responsibilities publiknya, by reducing rejekinya satire. It was the process of legislation and implementation process that led to the stigmatization of the law and the legal mafia in Indonesia, where we try to speak in the cultural mentality seems to mengakar as a nation.

To call the mafia and the law tends eksistensinya everlasting righteousness, because the virus has become entrenched attitudes in the process of law in this state. Until about law enforcement in Indonesia can not simply dismiss the judge dismissed the fate of justice and corrupt politics, but this improvement must begin with the development of approaches to cultural development and education in our state of mind of people, and moral and ethical development based of strong national faith and devotion to God Almighty.

However, attempts to place the commander of the state law is needed is the will of the movement of the polical political attention and moral elite of the whole child, the fate of the inhabitants of this land, and other corrupt politicians membrantas pressure to take over !

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Medical and dental malpractice

Speaking of "malpractice" is not just for people working in the health sector, including a doctor, but can also alleges negligence on the professionalism, that is, if they were journalists, lawyers, engineers and other groups. Understanding these errors come from people who work as health professionals, including doctors. Moderate limitations of embezzlement in the general feeling among health care workers are health care workers through a person of their professional responsibility to patients and carried out outside the profession in general stardard (SOP), leading to disability and death. However, the criteria or standard measures of the effect of an appeal that is believed especially for health professionals (doctors) do not explicitly formulated in the law, including Article 53, paragraph (2) of the Act No. 23 of 1992 , stated that professional standards are "guidelines to be used as a guide for making a good confession," As regards the scope of the quality of our profession, the legal adoption of a health expert, Professor Van der My Mr.WB, who said a health professional must meet three (3) general measures, namely: 1. 2 The Authority. average capacity, and 3. The total accuracy here means a number of health care workers must have legal authority to do the job (entitlement to rights), a license for doctors and other health professionals, a legal entity and a license to other providers such as hospitals or clinics. Health professionals have come up with an average capacity based on the experience of working in an environment to support their work, and medical personnel should have an accuracy of precision work of all sizes. But how difficult the development of a scale (measurement scale) of the health human resource professional standards, the law people who work in the health sector requires needed. to meet the professional standards and to respect patients' rights (see Article 53, paragraph 2 of Law No 23 of 1992 on health) and everyone is entitled to compensation of errors. or negligence of health professionals (Vide: Article 55, paragraph 1 of Law No 23 of 1992) ..

And health care workers who make mistakes or negligence in the exercise of their profession may be subject to disciplinary action determined by the Disciplinary Board of Health (Blank: Article 54, paragraphs 1 and 2 of Law No. 23 year 1992 on the health of Jo .. PP No. 32 of 1996 on health) .. Disciplinary committee of the health of workers (MDTK) eligible and who is authorized to investigate and determine the presence or absence of mistake or negligence in the implementation of the standards of the profession conducted by the health of the name of the patient. (See Article 5 of Presidential Decree 56 of 1995 MDTK RI). Criminal penalties, fines and administrative enforcement of Law No 29 of 2004 on the other the practice of medicine.

In short, a social worker is a doctor, nurse, pharmacy, dietary staff, and staff not only be charged and prosecuted for negligence, but medical personnel could also be prosecuted on the basis of the violation of patient rights in the presence of a therapeutic contract between healthcare patients: 1. The right to information about the disease, 2. The right to consent to an unconscious patient infotmed, 3. The right to be kept secret about the disease 4. The right to good ikhtikad physicians, and 5. The correct appropriate medical care, as well as possible. Patients' rights are the key here is the right to obtain relevant information from patients who normally contains about diagnosis, therapy with the possibility of an alternative therapy, the way doctors and experience in risk the possibility of pain or other feeling due to medical, therapeutic and prognostic. Health workers can be prosecuted under Article 1365 of the Civil Code of Jo. Article 55 of Law No. 23 of 1992 and may be sentenced under Article 359, 360 and 361 of the Penal Code, Article 80, 81, 82 of Law No. 23 of 1992 and Act No. 29 of 2004 on the practice of medicine. In addition to the rights of patients, we also need to note here what about the rights of health personnel especially doctors. With regard to the rights of doctors can be stated as follows: The right to work according to the rules of the medical profession, the law has refused to medical procedures that are not being responsible in a professional, the right to refuse to perform it is not good according to his conscience, the right to change the relationship with the patient who is considering working with patients to end is more, the right to privacy of a doctor, the right ikhtikat two patients in respect of the contract, the right to compensation, the right to defend the right to select patients, but this right is not absolute in nature.

So here, we can conclude that neglect is closely related to the violation of the medical profession, the medical act of infringement, and violations are prosecuted, prosecuted criminal and administrative sanctions will have a number of practices revocation of the permit.

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Therefore, the candidates agreed to debate

Parliament plenary session in the House, Monday, July 7, 2003 presidential election has finally passed the bill on the presidential election. Bangyak the rate law was born as a result of political negotiations between the different interests of the party elite, each of which a breach in the terms proposed in the bill to the presidential election.

Escape Mensikapi bill showed that the impetus for some of the political class to prevent the escape of the bill, so we can say that half of the campaign for their own ideas and saying his dramatize "The issue returned to the village because people are smart enough to elect the president directly, for example Pilkades Pilkades about it. " The observations may have a point. People who already have experience with the consent of the head. (Pilkades) in his town and people who already have experience of watching the proceedings of the village chief as a candidate for Pilkades, including:

1). People visit from someone (jurkam) of one of the participants are invited to vote for someone with a picture of the monetary and price appreciation, 2). When approached again by someone other than the other participants also requested that I wanted someone with a monetary reward program mecoblos picture is even greater, 3). People are experience, just pragmatic in the middle of the difficult task they face, which should take precedence over how to preserve the life or the preservation of civilized values.;

Although the light of the development experience for this Pilkades people can not worry about this country to lead, why is it important for people who have committed leaders can thrive. Speaking of the accused, the legal nomenclature must be evaluated independently of the glass eyes of the law. People do not feel encouraged to evaluate and draw conclusions or take a stand against. Throughout the story that give more Pitung Betawi Iago as "Maling Budiman," or that their Rhobin Hoot Indonesia, where people's actions can be justified by the Company or wealthy merchants traders steal the point, disappointments and betrayal, because rampokannya always distributed among the poor who suffer. Speaking of "suspicious" because we all have the potential to "suspect" because the moral and highly questionable kometmen in the life of the nation. Perhaps many of us to believe that errors can be considered an act of unlawful conduct, even a criminal, but have not been arrested and interviewed people, we are still alive. The words of the accused "not be used as an aid for defamation (Character assassination) if the words of the accused, not being socialized in the capital of allergy should be addressed to the execution of cynicism. Nelson Mandela in South Africa , ex-offenders would be president of South Africa, although it is a former president, Nelson Mandela is still revered by most South Africans. In our country, if the rule applies to the position of sportsmanship that the defendant has been executed can not say he was guilty so involuntarily in the direction of self-punishing attitude of suspicion.

Presumtion principle of innocence (the presumption of innocence) in accordance with Article 8 of Law No.14/1970 on the main provisions of the Court, namely: "all the suspects, arrested, detained, prosecuted and / or appear before the judge, the presumption of innocence wajiab in the decision of the court pleaded guilty and have the force of the permanent mission. "And under Article 18, paragraph (1) Human Genome Law No.39/1999 Mamusia Rights (HAM) is: "All arrested, detained and prosecuted for alleged crimes done something right to be presumed innocent until he is legally guilty by a court with all the guarantees necessary for his defense in accordance with the law. "Based on this determination, the people must be taught to adults are not guilty of a" suspect ", much less asked for a punitive attitude toward the" suspicious "to be determined by turning the rights of suspects are still there.

Politicians and political elite must understand the law, menimal understand about the rights of the accused and not a commodity "suspects" political, not trying to popularity, the destruction of others (political opponents). Departure from the principle of the right to presumption of innocence, but also under Article 8 of Law No.14/1970 and Article 18, paragraph (1) Law No.39/1999, May is justified by the law "suspect" presidential candidate, a candidate for the structure of government or head of a candidate in higher education institutions of other countries in the Republic. If the country continues to apply the rule of law must respect the legal rights of a person as a whole and complete.

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We complained to the legality

The legal expert Prof. Sociology Satjipto Raharjo, in his book "The other side of the law in Indonesia, Compass Publishing, 2003," implying that, in the sense of innocence, even if the trial faction Judex (PN and PT) pleaded guilty, is a bad precedent for the creation of the legal culture in this country. "Critical view of the legal sociologist kmenjadi worth reflecting on the whole, it is a profound message about our own need mentradisikan culture in this country, as it contains the law is not possible without an overall culture of a just law can be performed.

Legal culture is closely related to the law and knowledge of the law within the community. In the legal culture is a tradition that can be seen every day in public behavior that is consistent and reflects the will of the laws or guidelines set apply to all subjects of law in the life of the nation and state. In the legal culture of society can also be seen if our society is in serious legal conscience, the law has applied a rule of common life and the basis for any problems resulting from the risk of living together to solve. However, looking at the material, is difficult to develop a culture of right to build there.

Real awareness of the law alone is not enough to build the legal culture in this country, because the legal conscience of the community is always an abstraction, not really a form of behavior, even if our society is indeed instinctively or rationally recognizes the need for obedience and respect for the law. Therefore, although we are aware of the laws of the country, our society is not necessarily in accordance with the law. Obey the law may be important in building the legal culture in this country, and if it is indeed legal requirements?.

Authors should keep in mind that law enforcement is essentially a community or an organization whose loyalty was loyalty to the law is reflected in the shape of a real law-abiding behavior. Against the tide in a lawless society, because society is confronted with two cases in which the fidelity between conflicting loyalties to loyalty to another. So people are faced with fidelity to the law or comply with the "personal interests" that conflict with the law, such as trafficking, corruption, acts of anarchism, and so on. Besides, people dare not be law abiding interest in people, because the law is no longer the authority in law for their personal interests are no longer good law. So in this case, loyalty to their own interest, at the foot of a human being or decline, because our society does not comply with the law.

If the duty of loyalty can not be invoked to enforce the new law, the state or the government will not build and public fear as a factor that makes people obey the law. If we have always made the country the law, any person subject to the law. The law can not be applied in a discriminatory manner, not on the side of everything and everyone, except for truth and justice itself. Here is the righteousness of the law. But if justice is discriminatory, may be invoked as a means of fighting for justice and right, then it should not be blamed if people fight for their rights through the law of the jungle or physical violence. Therefore, the legal authority to enforce the law, so that people can be in the form of obedience to the law itself. Therefore, the need to build a culture of law is a matter of principle in the law, the law must be able to change society for the better, more organized you can rely on the defense of rights and justice, more able to create a sense of security. I wish ..!.

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Negligence Health Law

The allegations of irregularities are not really intended only for people who work in the health sector, there is a doctor, but may be due to lack professionalism, if groups of journalists, lawyers, paranormal, and other groups. The understanding of these bad practices are among those who work as health professionals, including physicians.

Excessive restrictions on malpractice in the general sense of health personnel, workers in the health of someone in the provision of professional responsibilities to patients and carried out of the profession in general stardard caused disability and death. However, the formulation of professional standards that will be the norm, particularly for health professionals (doctors) do not explicitly required by law.

Regarding the size of the standard, we have professional legal advice of doctors, Professor Van der Mr.WB be mine, who said that a health care professional must adhere to the 3 (three) general measures, namely: 1. Authority, 2. The average power, and 3. The overall accuracy, ie a health system must be legally authorized to perform the work (from right to left), a license for practicing physicians and other health professionals, a company or other authorized health care providers such as hospitals or clinics.

The following health care worker measures the average capacity should be determined on the basis of experience working in environments that support their work, then health should be careful to work with precision the size varies. But how difficult is it for a rating scale (scale) the standards of health care workers, the law requires people who work as caregivers should meet professional standards and respect the rights of patients (see:. Article 53 , paragraph 2 of Law 23 of 1992 on Health). And everyone is entitled to compensation for damages resulting from errors or omissions on the part of health workers. (See Article 55, paragraph 1 of Law 23 of 1992).

And the health of employees who make mistakes or negligence in the exercise of their profession may be subject to disciplinary action by the Board of Discipline of Health (empty .. Article 54, paragraphs 1 and 2 of Law No 1992 23 years Jo health PP No. 32 of 1996 on Health). Disciplinary Board of Health (MDTK) with right and authority to investigate the presence or absence of fault or negligence of the rules of the profession conducted by the health of patients, presumably. (See Article 5 of Presidential Decree 56 of 1995 MDTK RI).

In short, if a health professional is a doctor, nurse, pharmacy, nutrition staff and other personnel not only be charged and prosecuted by guilt, but the medical staff may also be sued based on breach rights patients presenting in the presence of a therapeutic contract between healthcare for patients include: 1. The right to information about the disease, 2. The right to consent to an unconscious patient infotmed, 3. The right to be kept secret about the disease, 4. The right to good medical ikhtikad, and 5. The right to adequate medical care, as well as possible. Patients' rights are the key here is the law of the relevant information of which usually contains about patients: diagnosis, treatment with the possibility of alternative therapy, about how physicians experience and risk the possibility of pain or other feelings that lead to medical, therapeutic and prognostic.

Caregivers can be prosecuted under Article 1365 of Civil Code Jo. Article 55 of Law 23 of 1992 and may be convicted under section 359, 360 and 361 of the Penal Code, Article 80, 81, 82, 23 of Law No. 1992 and other penal provisions. In addition to the rights of patients, we must also point out a little 'more about the rights of health personnel especially doctors. With regard to the rights of doctors can be stated as follows: The right to work according to the standards of the medical profession, the right to refuse medical procedures that can not be responsible for their professional practice, in accordance with the law of conscience the poor , the right to refuse to terminate the relationship with the patient, if the judge to conduct cooperation with the patient no longer has the right to privacy of a doctor, the right of both the patient application of a therapeutic (healing), the entitled to compensation, the right to defend itself and the right to select patients, but this is not absolute ikhtikat. So here, we can conclude that the abuse is closely related to the violation of the rules of the medical profession, the medical act of infringement and violations will be prosecuted for criminal penalties and administrative practices of the revocation of the license is given.

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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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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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