Read a variety of legal cases in the media on these days, seems tangled, this to describe how the law in our country. Of the cases Prita, Century, Antasari, spending forced the TNI offices residents of the house, or even to cases not being completed like Munir, the kidnapping of activists, and Lapindo.
While on the other hand in terms of drafting act and legislation, are not much different from the legal cases themselves, tangled!
Starting from unloading pairs Constitution (UUD'45) up to four times, the actual time the student movement (reform) have rotated the main demand is only down Suharto in power for too long because there are no restrictions on the term of office. Section 7 UUD'45 "The President and Vice-President holds office for five years and thereafter may be re-elected" that should have stayed added words such as "for the last time."
But what happen is all the article ransacked and severity are not studied well an early draft meeting notes makers, so they can understand the intent of each article or section is written there. And it is said is said in the amendment that no involvement of foreign hands to include their interests, really?
Flashback
When you open it and then go back and check our UUD'45, in many chapters, articles made its derivatives which mandated that law to itemize the intent and purpose clauses earlier. So that is why why in the article or paragraph UUD'45 many have the word "determined or regulated by statute."
And when we read in the Additional Rules UUD'45 clearly stated in point 1, that "Within six months after the end of the Greater East Asia war, the President of Indonesia to organize and conduct all matters set forth in this Constitution."
While, so many laws and regulations adopted that have not been adjusted to UUD'45. The Book of Criminal Law or Civil, Disorder Act (Hinder Ordinance), and many more products to our laws which is a colonial product, which actually needs to be changed or adjusted its contents with the spirit of our Constitution, namely the spirit rather than to the interests of the government (read: colonial rulers), but are meant more to the interests of the people or the public. And do not forget, Indonesia was formed and proclaimed as a Republic (public affairs) is for that. But that's actually the fact that now there is!
So that should happen, not the Constitution that has not been properly applied a modified, so the result we now hesitate to use presidential or parliamentary system?
Now
When we no longer have the legal basis for a strong, when the legal tools already do not care, when the law could be tweaked and perception can also be turned upside down, when the law into favoritism, when the law is no longer rely on the justice, when the law officers is no longer fair, the people became do not have a grip, people became legal tangled will eventually not care about the law. When the law was weakened in its implementation as a few examples of the above and the indifference of the people were very visible in everyday things like the traffic rules was breached.
Plus the making of the products or the rule of law hardly has the spirit of justice, which advanced more in the spirit of the threat and materials. All legal products prefer to put money until the millions of rupiah as a sanction, on the other hand the level of prosperity and the ability of the people is very far below it. Examples of sanctions in the Traffic Act that is worth millions of rupiah and the hot issue is about Marriage Act plan news is about the news in regulating nikah siri--establish a marriage without a marriage registrar officials. Meanwhile, to make a marriage in front of the registrar marriage officer must require that the cost of not a few, both for official fees or not, which certainly is a burden to people who in general are still below the level of ability.
This is exacerbated by imposition of sanctions against a lawsuit, it is very visible occurrence of injustice. Taking cocoa immediately arrested and threatened with punishment six months, while taking billions still be free to roam the grounds not found the articles for catching them and if any threat of punishment is only a few years.
Laws that need to be placed forward in fact that is not based on mere procedural but how justice is upheld, as it is said chairman of the Constitutional Court, Mahfud MD in a religious ceremony in one of the private TV station on Sunday, February 21, 2010.
For the several decades we have been accustomed to living without a good rule, and if repairs to improvement starts from now will still need at least a generation or two longer to get to the rule of law in our country. But surely this should be done from now by the whole community that will no longer due to legal sanction makes us doubt it would be legal.
| February 21, 2010 | samidirijono | architect |
While on the other hand in terms of drafting act and legislation, are not much different from the legal cases themselves, tangled!
Starting from unloading pairs Constitution (UUD'45) up to four times, the actual time the student movement (reform) have rotated the main demand is only down Suharto in power for too long because there are no restrictions on the term of office. Section 7 UUD'45 "The President and Vice-President holds office for five years and thereafter may be re-elected" that should have stayed added words such as "for the last time."
But what happen is all the article ransacked and severity are not studied well an early draft meeting notes makers, so they can understand the intent of each article or section is written there. And it is said is said in the amendment that no involvement of foreign hands to include their interests, really?
Flashback
When you open it and then go back and check our UUD'45, in many chapters, articles made its derivatives which mandated that law to itemize the intent and purpose clauses earlier. So that is why why in the article or paragraph UUD'45 many have the word "determined or regulated by statute."And when we read in the Additional Rules UUD'45 clearly stated in point 1, that "Within six months after the end of the Greater East Asia war, the President of Indonesia to organize and conduct all matters set forth in this Constitution."
While, so many laws and regulations adopted that have not been adjusted to UUD'45. The Book of Criminal Law or Civil, Disorder Act (Hinder Ordinance), and many more products to our laws which is a colonial product, which actually needs to be changed or adjusted its contents with the spirit of our Constitution, namely the spirit rather than to the interests of the government (read: colonial rulers), but are meant more to the interests of the people or the public. And do not forget, Indonesia was formed and proclaimed as a Republic (public affairs) is for that. But that's actually the fact that now there is!
So that should happen, not the Constitution that has not been properly applied a modified, so the result we now hesitate to use presidential or parliamentary system?
Now
When we no longer have the legal basis for a strong, when the legal tools already do not care, when the law could be tweaked and perception can also be turned upside down, when the law into favoritism, when the law is no longer rely on the justice, when the law officers is no longer fair, the people became do not have a grip, people became legal tangled will eventually not care about the law. When the law was weakened in its implementation as a few examples of the above and the indifference of the people were very visible in everyday things like the traffic rules was breached.
Plus the making of the products or the rule of law hardly has the spirit of justice, which advanced more in the spirit of the threat and materials. All legal products prefer to put money until the millions of rupiah as a sanction, on the other hand the level of prosperity and the ability of the people is very far below it. Examples of sanctions in the Traffic Act that is worth millions of rupiah and the hot issue is about Marriage Act plan news is about the news in regulating nikah siri--establish a marriage without a marriage registrar officials. Meanwhile, to make a marriage in front of the registrar marriage officer must require that the cost of not a few, both for official fees or not, which certainly is a burden to people who in general are still below the level of ability.
This is exacerbated by imposition of sanctions against a lawsuit, it is very visible occurrence of injustice. Taking cocoa immediately arrested and threatened with punishment six months, while taking billions still be free to roam the grounds not found the articles for catching them and if any threat of punishment is only a few years.
Laws that need to be placed forward in fact that is not based on mere procedural but how justice is upheld, as it is said chairman of the Constitutional Court, Mahfud MD in a religious ceremony in one of the private TV station on Sunday, February 21, 2010.
For the several decades we have been accustomed to living without a good rule, and if repairs to improvement starts from now will still need at least a generation or two longer to get to the rule of law in our country. But surely this should be done from now by the whole community that will no longer due to legal sanction makes us doubt it would be legal.
| February 21, 2010 | samidirijono | architect |
The Legal Sanction of Legal Doubt
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Reviewed by arsitek sami
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4:07 PM
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