The Opinions of Law in Indonesia

Presented by:
Besse Puspita Syarif
Ahmad Fathoni Halim
Alfiana Adila Iswara
Fatimah Azzahra

17 State Senior High School

Makassar
Table of Contents
Title page
Preface
Table of Contents
Chapter 1 Opening
A. Background
B. Problem Points
C. Purpose
D. Experiment method
E. Date and Location of Experiment
F. Writing Systematic
Chapter 2 Literature Observation
A. The Prominent Figure Opinion
B. The Fact of Law
Chapter 3 Discussion
Chapter 4 Closing
Literature list
Attachment
 CHAPTER 1
OPENING
A. Background of Problem
Nowadays, the issue of law is often heard by us. It can be
good or bad perception from the citizen about law.
Law from big-sided definition is a rule which control or handle
the people inside the country or the district. So, the role of law is
important to develop the country especially Indonesia. But, the
public opinion of law is not as good as the ideal definition of law
itself.
From ago, the law had been misused by some sides that had
interest in their problem of law. Even now, the corruption,
collusion, nepotism, or bribes are not strange word for all of us. It
is proved that the purpose, the true meaning of law doesn’t run
well anymore.
 Actually, there is no wrong in our law. Our law just wants to
bind the citizen in order to be created the prosperous condition.
But the indistinct measure from government makes the law
becomes unhandled and unclear.
Although some problems can be solved from the government-
in this case, the polices- but it is just appear problems and all of
the people do not know absolutely about the real problems of
Indonesia is what.
So, we as the sixth group want to identify the opinion of law in
Indonesia and from that we may get a solution for the law in
Indonesia.

B. Problem Points
The three big problem points in this paper are:
1. What are the public opinions of our law?
2. What are the dysfunctions of law in our country?
3. What can we do for the law?
C. Purpose of Experiment
1. Know the problems of law in Indonesia so that it opens
our eyes.
2. Know the dysfunctions of our law so we may repair it.
3. Think and do positive things for law.
D. Experiment Method
In this case, we just use the Source observation because
some reasons that we have. In this paper, we take any
opinions from some people who have a big participation or
the object of the law.
E. Date and Location of the Experiment
 Actually, we have finished this paper on 4th June 2010, but
because of any problems, the 2nd time we finish it on 11th June
2010. We take the limitation in Indonesia.
F. Writing Systematic
This paper has writing systematic liked below:
Chapter One Opening : in this chapter, we give the readers
the background, problem points, the
purpose of our paper, experiment method,
date and location, and writing systematic to
introduce firstly about the discussion inside
the paper.
Chapter Two : in this chapter, we give the readers the
source observation and fact that we have
about the discussion.
Chapter Three :in his chapter, we discuss the result from
the source observation that we get.
Chapter Four : in this chapter, we conclude the discussion
and give some suggestions for the readers.
At last, we attach some attachment and we give literature list.

CHAPTER 2
LITERATURE OBSERVATION
A. Prominent Figure Opinion
Article-news

"I am not an advocate for frequent changes in laws and

constitutions, but laws and institutions must go hand in hand with
the progress of the human mind. As that becomes more developed,
more enlightened, as new discoveries are made, new truths
discovered and manners and opinions change, with the change of
circumstances, institutions must advance also to keep pace with
the times. We might as well require a man to wear still the coat
which fitted him when a boy as civilized society to remain ever
under the regimen of their barbarous ancestors." -Thomas Jefferson
Drs. Abd. Choliq, S.H., M.H.-Law enforcement is the duty and
responsibility of all components
who under the law (Rechtstaat), duties and responsibilities of
communities, institutions
police, prosecutors, courts and advocacy organizations. Hope all
people who dream come true justice in Indonesia, the law
enforcement
fair shake and ensure legal certainty should not be not to be
realized by
institutions / agencies related to law enforcement in order to play
an active role
to uphold public justice (law enforcement Selecta Capita
Indonesia, Performance Library, 2006, Cet I, p. 133).
Improved performance of the judiciary and other law enforcement
institutions
accompanied by the spirit to continue to maintain honesty and
fairness in its implementation.
In discussing the judicial domain is always located on the rules
and regulations,
so that the court viewed as a community that seemed orderly and
regular
because it only shows the front (Front side). While the rear of
Judicial and other law enforcement agencies were not observed.
What it means
happens behind the examination process in the police, prosecutors
and courts do not reached by the observations (Ibid, pp. 134).
Important part in enforcement is the role of law enforcement
to examine the case with all related positions including the parties
associated with the case, requiring precision and regulations related
to
be violated, the extent of the offense. In implementing the
necessary
exegesis (interpretation) the depth it needs dedication, honesty and
performance
high.
Interpretation that supports the community justice is achieved:
grammatical,
Historical, philosophical, etc.. In the execution of law enforcement
agencies more convergent on the interpretation of grammatical
rules that refer to the formulation of legislation.
Whereas with grammatical interpretation that's all, not enough
support materialized justice and law enforcement are proportionate
and fair, but must be supported interpretation another example of
philosophical interpretation, why would someone do / not do or
receive anything. With grammatical interpretation can be classified
as
criminal acts. But with such a philosophical interpretation, why take
something perhaps due to starvation, forced and taken very little
value
once, so with a philosophical interpretation of them may be able to
release
the person from legal entanglement. (Ibid, pp. 136-137).
Condition of Law in Indonesia
Law enforcement in Indonesia in relation to the case of Bibit-
Chandra, Susno Duadji and Century Bank overlap. All parties want
to show off and looking for sympathy. While Susilo Bambang
Yudhoyono as president could not act decisively as the 'father of
nation'.

According Yurisman, chairman of the snack Mark (National

Solidarity Anti-Corruption and Anti broker case), that's where his
roots. Why not be decisive if SBY is likely involved?
Yurisman say yes there is that possibility. He gives an example
of one of the irregularities in the case Susno, all want to
'overshadow' Susno, ranging from the National Police Commission,
SBY, until LPSK (Witness and Victim Protection Agency).

The role of the president

According Yurisman SBY does not give legal opinions are
correct, even straddling the law. All high state institutions have
spoken, where the role of president? Nothing at all. There is no
firmness. Thus Yurisman.

When the case first Seed-Chandra crowded, SBY to intervene by

forming Eight team for example. Is he now going to intervene
again? Apparently not. Why did not he intervene? This suspicion of
people fishing, so Yurisman. While he thinks, if SBY immediately
take action, can all be completed.
Intelligent revolution
So what should be done? According Yurisman, the community
must take decisive action, there must be intelligent revolution, but
not revolution spilled blood. He encourages people to talk to SBY, so
also KPK dikangkangi not like other higher institutions.

Yurisman continue, there seems to be an actor playing behind all

this. This is what makes SBY and the Police in terms of
criminalization Seed clam-Chandra, Century Bank and Susno.

When asked his opinion about the rule of law in Indonesia, Yurisman
asserted, this means a red card to Indonesian law. Law can not be
enforced significantly, because only applies to small communities.

One of the concrete steps that can be done is to reduce SBY

National Police, as the most the first who refused to enforce the rule
of law.

Learning from the Dutch

According Yurisman, the enforcement of this law, Indonesia
should learn from the Netherlands and asked for international
support. This is important so there is no legal use for certain circles.
Because Indonesia does not want political change.

A product is said is true if packaged properly, so Yurisman.

Yurisman with snack Markusnya will continue to fight for it. He

believes because of the support from the wider community, as well
as from the regions.
Objective opinion on the Indonesian Legal

In my opinion if it is related to purposes of the law in Indonesia

affected by the flow Mixes oriented to order. Because, according to
Mochtar Kusumaatmadja and the first principal purpose of law is
order. The need for this order is a basic or fundamental condition for
the existence of an organized human society. Then according to
Soerjono Sekanto Purnadi and legal purposes is the peace of
interpersonal life that includes the external order inter-personal and
personal internal tranquility. According to the law, Soebekti was
serving the purpose of the State, namely to bring prosperity and
happiness to its people. In serving the country's goal should be to
carry out any justice and order. It can be seen from Alenia to four
Opening Act - the Constitution, which reads "Later than that to form
a government of Indonesia that protect the entire Indonesian nation
and all the spilled blood of Indonesia and for the general welfare,
the intellectual life of the nation, and participate in world order
based on freedom, lasting peace and social justice, national
independence was then compiled in an order of the Republic of
Indonesia which is based on powered people with: Belief in God
Almighty, just and civilized humanity, the unity of Indonesia, and led
by a populist policy in parley / representatives, as well as the
realization of a social justice for all Indonesian people.
 DISCUSSION
From the date that we get, we know that Indonesia has same problem with other
country. That’s why we take the international opinion of law because it gives the
basic for the law opinion in Indonesia.
Law in many contents refers to making the citizen better. The purposes of law
also tend to repair and keep the nation stability. But, some problems show the bad
side of the law person.
To help the problem of Indonesia, there must be consciousness of the people to
do the system well.
From the literature that we get, Indonesia has two big problems:
1. The awareness of Indonesian and government in Indonesia.
 2. The law lead to government and law upholder institution, not the citizen
First, the awareness is the biggest important character that the people must have
actually. The awareness of the people can develop the country, can decrease the
corrupt rate, and can reduce the environment problems, etc. yes, and the aware of the
condition of Indonesia will solve the problems. But, how can we increase the rate of
awareness in Indonesia? This is our homework and government also. All of us are in
improvement indeed, right? So, it’s not wrong if the realization increases now and do
not wait the time pass casually.
Second, the law leads to government and law upholder institution, not the citizen
anymore. In this case, the justice is staked. Why? The object of the law is citizen. The
government is for the citizen, right? But, the fact, many laws prosper the high official
while the citizen cry, ask for food but not given, so, where is the justice side? Because
there is no justice anymore, demonstration, rally, and the other action make the
government become dizzy, and it disturbs other people also. Both sides get no
advantage. Actually, if the government totally cares with this nation, they will take
distinct action to stop the criminality, and other. Although KPK is the distinct-
maybe- of the government, but it is not enough. It is proved by the KPK unclear
proceeding now. There was unclear law object add in this country by the time.
So, it is our job and all of side who wants to get justice and improve the law in this
country, to increase the awareness and the government action to be better.

CONCLUSION AND SUGGESTION

From the points of problem, the conclusions are:
1. The opinion from the people about the law refers to the implementation of the
law itself that must be repaired.
 2. The dysfunction of law in Indonesia is created by all of side in Indonesia that
caused by government at first, like the unsafe demonstration, corruption, and
no justice.
3. To help our law, we can increase the awareness from ourselves.
As the better things for the next, we suggest:
1. To know the opinion of law, you may interview your own classmates or other.
2. Be objective to value some problems.

http://emanemancakk.student.umm.ac.id/2010/01/22/pendapat-tujuan-hukum-
di-indonesia/
http://www.rnw.nl/bahasa-indonesia/article/tidak-ada-penegakan-hukum-di-
indonesia
pa-cilacapkab.go.id/artikel/pandangan.pdf