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.

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).

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 ..!.

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.

Corruption, Democracy and Development

Countries with political instability processes, systems of government are not well developed, and that the poor are open to opportunists who promise resources or infrastructure construction in haste abuse, but not to compete openly in a democratic way, these promises and hope of a better future, but his way of doing business is bad country of political corruption.

For our country, even in the early legislation eliminating 3 of the Corruption Act, 1971 Jo. Law No. 31 of 1999 Jo. Act No. 20 of 2001, taking into account the bill had argued that "because of the corruption that took place during the financial loss that the State or the country's economy, including growth and sustainability of national development menghabat, and high efficiency requirements. "but the fact that corruption is endemic to national development worldwide and interrupted. Regional autonomy in Indonesia since the conduction system of corruption in government is at the center to the regions that the correct amount is much higher at the central level.

Corruption is a social evil (extra ordinary crime) to be eradicated through a process of judicial corruption. To be effective, anti-corruption efforts are not enough to make legislation at both national and international, but first you must set the people to eradicate corruption in itself, without building the human resources that will be impossible to eradicate corruption can not be reduced very eradicate corruption .. In the theory of corruption can occur due to two (2) factors occur simultaneously, ie, the factor "risk" factors "stimulus", where it remains the case factor associated with weak systems surveillance, which are always stimulating factor associated with mental and moral attitude of the poorest human resources.

In a word occurs in a system of hard work and good quality management and staff have a good mentality. But if the act of corruption has become a culture in this country, while the cultural values ​​that tend to be eternal, then it is certainly difficult to eradicate corruption, despite the legislation on combating corruption is so complete but corruption remains current. Starting today, we are so busy fighting crime and combating corruption in the Suharto era, regardless of the interests of the appearance of the utmost importance, so the bias is politically and economically, is very harmful to our national development where corruption is Soehato the time between political elites and economic elites are well equipped to advance corrupt activities safely out of the country, so the fight requires a lot of energy and a very long long.

Our priorities in the fight against corruption, not realizing that he was careless and forget to address the serious problems of building a nation that was so chaotic in the midst of the misery experienced by the majority of Indonesia. In the interest of people like it or not go back and look at the current policy. Start with a vendetta between the political elite and reformers in this country without mutual accusations of corruption, because there is no ivory that is not broke, like most politicians in this country diperturutkan can be a prison.

Then used for political stability, economic stability and security in the country to create. Wake up to secondary education and moral development of nationalism, the struggle against corruption, the point to the current period of reform by the same need to be controlled and monitored the current government's reign of Suharto corruption pemeritahan needed political solution that would be interested in taking the business overseas in the form of investment, or building a company in Indonesia that can provide jobs for many people. The work in national development are neglected, which began with the operation of the National Development Planning (BAPENAS) for national development with the creation of the Five Year Plan (Repelita) to make, so that development can be controlled by the people in general and the extent to which a period of not more powerful permbangunan government action against his people, because people need today most frankly there is not enough food, clothing and shelter, but also a sense of security stress in daily life and not just political promises in the midst of the confusion and uncertainty of the future!.

Corruption vs nationalism

Nationalism is an ideology or doctrine, which creates and maintains the sovereignty of a country to the notion of identity for a group of people to realize that language and culture of a connecting element in social interaction. Ties led to the conscience of the community nationalism / Indonesian people in the treatment of disruptive external environment.

In the history of Indonesia, in particular, nationalism is still very critical of its existence, first as a unifying ideology to fight against the Dutch or Japanese, or the struggle against the hegemony of neo-kolonilalisme. First, if people in this archipelago is scattered, there is no unifying ideology, and of course, the Dutch easily overwhelm us. This is probably the people of the archipelago are fighting each other. Furthermore, when the Dutch policy would cause hostility and attract ongoing conflicts. Second, therefore, if the people of the archipelago was able to release at least nationalism as an ideological discourse in the spirit of independence from Indonesia to call. This type of nationalism, although sometimes misunderstood, why keep the trend of Indonesian nationalism hostile to other countries. However, the increase, as the new nation was trying to stay compact conflicts as the unity of Indonesia, a threat can be addressed on behalf of Indonesian nationalism. Most third parties of nationalism can not be used to verify the identity of Indonesia, nature, making Indonesia the world. However, what is recorded with the world of Indonesian nationalism. Probably not much. At that time, regardless of the construction of Orientalism, people are more familiar with Indonesia as a nation are very friendly countries, developing countries and the poor have a language of Indonesia unit, which is more than 600 local languages ​​and have even to this day. Well, in our country, Indonesia has a number of understanding the concept of nationalism in the islands are included in one unit: the ideology, political and economic, social, cultural, religious, national security and defense).

Therefore, every citizen of Indonesia, in particular when he was appointed as a leader in the power structure that has the archipelago, where the issue should be an absolute obligation to help preserve the territorial integrity of Indonesia from Sabang to Merauke, as described in the design of IPOLEKSOSBUDAGHANKAMNAS to have. Now this from the comments of the experts can not be denied, our sense of nationalism is very thin, even at the risk of extinction. Association primordialism emerged, focused on tribal ties, regional groups, religious and / or between.

History has shown over the past 30 years, Indonesia has taken a model of authoritarian rule, popularly called the New Order regime. Consequently, many problems of resentment and discontent beneath the surface turbulence. The most important thing was the death of democracy, corruption menjamurkan, the absence of a personal right, and so on. Given the state of the table, the risk of breaking into a bomb. Many people try to religion or ethnicity to mobilize, or even brought the world such as democracy and the discourse of universal justice to resist consolidation. With a hasty and careless, the total resistance to the regime by force, overt or covert. We know that in that time the army was terrifying. The military spirit of Indonesian nationalism. However, the most effective strategy to overcome resistance to the use of the New Order government to combat nationalism, control and eliminate the disappointments that occur in local-local to be broken. Offers Indonesian nationalism ethnic nationalism, or nationalism, nationalism, religion or geographical become a potential power that destroys the State Government to hold.

In this case, nationalism should be constructed so that it focuses on how diversity (national unity) persist in the state of the Indonesian archipelago intuition that the needs of global dependence. But it's still very difficult form of nationalism was built as a social system, legal system and government system has been infected by the corrupt culture that can not be avoided. In the political system or structure of the New Order power has allowed the proliferation of massive corruption in all areas. Corruption is "anchored" to do serious damage to the lower layers of the cultural behavior of people who see corruption as part of the social system, politics, economics, law and government. Even in the early legislation to eliminate corruption Law No. 31 of 1999 Jo. Act No. 20 of 2001 that the review states that "because of the corruption that took place during the financial loss that the State or the country's economy, growth, and even the sustainability of development menghabat National requires a highly effective . "Corruption is not only financial ruin and the country's economy, but to destroy all sectors of the community, nation and a sovereign state.

Welcomes the inauguration of October 28, 2011, this young, we need new schools or schools of nationalism is the nationalism-II, where the new nationalism is all about: a). schools of national unity, because there can be unity as a people we can hire another person to another person, or are able to postpone, 2) to be solved. The creation of the institution and corruption to be eradicated completely, in contrast to national development in all sectors, and 3). The creation of the behavior of every citizen of Indonesia on the need to maintain the integrity of the state and the nation of Indonesia, which provides information to understand the whole archipelago is part of: ideology, economic, national defense, politics, social, cultural, religious, and security. Hope ..!

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.