Opinion: Charge Independence in Law Enforcement

By: Dr. January Siregar, SH, M. Hum. A great nation in terms of progress, discipline,
aspirations of the community, quality economic growth always starts from an upright rule of law. See the rule of law in Singapore indiscriminately on all its citizens. Siappun the guilty will be punished in accordance with applicable law. The result we see today in terms of no longer possible wherever we could face a state of Singapore.
Even in our country's symbols of Singapore's state education is everywhere. This proves that the bargaining position of education we can not compete with the quality of their education. Not to mention in terms of technology, economic growth, the level of public services and various other aspects. Why is that? What is certain in developed countries such as Singapore all equal before the law.

Our ideals became state law on the level of actual implementation is still far from satisfactory. In view of the state law as all legal experts said, contained a point that is universal, all the same rights and position in the field of law. Law will never discriminate. Who is guilty must be punished. The result appears a deterrent effect and is unlikely to repeat his actions again.

Enforcing the law has become a very difficult job. Especially when it comes to the aspect of its agents. Psychologically law enforcement community has always assumed he was not ordinary. They have special powers than other communities. The practice of misuse is often a problem as if - if it had been created a condition, that it is impossible to change. The result is, law enforcement officers acting outside the legal corridor as well.

How can scrape out of this condition is part of the reform law. Legal reform should ideally touching aspects of law enforcement itself. Law enforcement officials are things that must be addressed and continue to be encouraged to improve itself. In large cities such as we often see, when police entered the club nights often do not pay for drinks on the grounds that they were policemen guarding the security. These are just a handful of cases from the many cases that occur and be in charge of government relations at the legal issues.

The more the image of the decline of institutions and law enforcement officials in the eyes of society becomes an indication of the urgency to do a thorough reform of law enforcement agencies in this country. The last few weeks the legal consciousness of people swayed by the case of Mohammad Nazarudin, although being able to be returned to their homeland, but had drained this nation's energy due to the negligence and carelessness, our law enforcement officers. This is a public further away from the rule of law and professionalism of law enforcement.

Summary of various public opinion surveys conducted daily Kompas image shows how the decline of law enforcement at every level of law enforcement institutions in this country, both at the level of officials and law enforcement agencies. In a poll earlier exposure, nearly all respondents suggests the strong influence of money in settlement of legal issues in this country.

At the institutional layer, police, prosecutors, the judiciary and other law enforcement agencies are increasingly seen by the public eye. From the aspect of performance assessment of the general, public discontent was still prominent. Only 32.6 percent of respondents are satisfied with the professional performance of police and only 24.3 percent are satisfied with the prosecutor.

Expression of public discontent not only dominant in assessing accountability and professionalism of police and prosecutors. In more subtle cases, namely the attitude of partisanship, also was assessed as unsatisfactory sense of justice. More than 70 percent of respondents rated either police or prosecutorial authorities rather than side with the interests of society. On the other hand, it is difficult denied the strong public support for the legal position of the leaders of the Corruption Eradication Commission (KPK). As has been argued in the previous two polls, this time it was shades of partisanship is still strongly support the KPK.

Appreciation

Not be denied, as the institution of legal order and social carers in the community, the role and image of police could not keep isolated. Structurally, the release of the organization and the paradigm of the military police had completed the final on April 1, 2001. Through the instruction of the president and confirmed by the MPR decree, the police function as a means of defense, workmanship, and discarded tools of the revolution. Police officers are given specific tasks to be legal to guide security and public order so that motto as a "protector, protector, and the waiter Society" is more easily realized.

Public assessment of performance changes and the paradigm was seen also in the image of police officers since 2001 were recorded through the regular polls. Time trend shows, the police whose image tends to fluctuate in 2002 and then gradually improve until 2005.

The trend was then tends to fluctuate, which then declined sharply in 2009. Nearly half of respondents rated the police are still poor ability to provide legal certainty effect, especially in the resolution of the case and Mohammad Nazarudin Gayus. This proportion is slightly above the respondent judge otherwise. A similar proportion appear also in the attitude of respondents related to the ability of police to be independent in carrying out law enforcement.

Decline due to the unfolding of the image of the police institution evidence indicating the involvement of police officials in many cases police and fat accounts legitimize a negative perspective that has been just settle to the bottom of the public consciousness.

Not to mention the prosecutor agencies and the Institute of Court (starting from the courts until the Supreme Court) that can not be supporting the rule of law. Whereas the rule of law is the guarantee that all deviant behavior in the state can be prevented. Such as corruption and arbitrary action in the economy.

For it is necessary to build an awareness by all citizens and lawless enforcers also hukuk, in the absence of the rule of law we've failed to fill the real meaning of independence. Only with Solidify the rule of law that our nation can become a great nation. That's our job at the birthday of the Indonesian nation to 66th. Freedom ***

The authors are: Senior advocates in Medan

Posted in: Independence day,Law Enforcement,Opinions