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Sabtu, 01 Oktober 2011

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 ...?