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ARTIKEL

LAW ENFORCEMENT IN INDONESIA

Disusun untuk memenuhi Nilai Ulangan Tengah Semester 1 Mata Kuliah


Bahasa Inggris

Dosen Pengampu : Bayangsari Wedhatami, S.H., M.H.


Riska Alkadri S.H., M.H.

Disusun oleh :
Deden Kurniawan
8111420296

ROMBEL 6
JURUSAN ILMU HUKUM
FAKULTAS HUKUM
UNIVERSITAS NEGERI SEMARANG
2020
LAW ENFORCEMENT IN INDONESIA

a) Introduction
Indonesia is a country where the life of the nation and state is regulated by law. Therefore,
Indonesia can be said to be a constitutional state. In accordance with what is written in
the 1945 Constitution of the Unitary State of the Republic of Indonesia article 1 paragraph
(3) which reads "The State of Indonesia is a state of law" and Article 27 paragraph (1)
also explains that every citizen is equal in law and government and is obliged uphold the
law and government without exception. From these 2 articles it can be known together,
law enforcement agencies in Indonesia should equalize all citizens in the law. However,
there are still irregularities that occur in law enforcement in Indonesia. In fact, some of
these law enforcers violate existing laws in Indonesia.

My aim in writing this article is to complete an English assignment to meet the Middle
Semester Deuteronomy scores assigned by my lecturer. In addition, I invite all of us to
evaluate the application and enforcement of law in Indonesia and the performance of
law enforcement officers in Indonesia and any irregularities in the application of law in
Indonesia.

b) Analysis
In my opinion, law enforcement in Indonesia is still weak and far from fair. Many of the
law enforcers, such as prosecutors, judges, and so on, are actually caught in corruption
cases. For example, the corruption case of prosecutor Pinangki Sirna Malasari, who
allegedly accepted a bribe from Djoko Tjandra amounting to approximately 7 billion
rupiah, this case became a hot topic in the mass media several months ago. Another
example is the corruption case of the former Chief Justice of the Constitutional Court Aqil
Mochtar who was arrested in October 2013 who was suspected of accepting bribes for
the handling of regional election disputes in Gunung Mas Regency, Central Kalimantan
and Lebak Regency, Banten. From these two examples, we can see the clear evidence that
law enforcers who should uphold the law fairly and are actually committing irregularities
in the field of law and abusing their positions for their own interests.
According to Indonesian Corruption Watch (ICW) data that I quoted from Kompas.com,
it was stated that in the period 2015 - 2020 there were approximately 22 prosecutors
from several regions in Indonesia who were caught in corruption cases. This is shocking
data. It is unfortunate that if law enforcers have committed fraud, then where should the
Indonesian people seek justice?

In several other cases, it shows that law enforcement in Indonesia is still sharp downward
and blunt upward. One example is the case of Grandma Asyani, who was sentenced to 5
years in prison in 2015. Grandma Asyani, who comes from Situbondo Regency, East Java,
was convicted of stealing two teak trees belonging to Perhutani for making a bed.
Grandma Asyani was then sentenced to 1 year in prison with a probation period of 1 year
and 3 months and a fine of 500 thousand rupiah. It is ironic that when we hear about this
case, the grandmother who only stole two teak logs had to spend her old age behind bars.
However, on other cases such as corruption cases. The convict was given a reduced prison
term. For example, in December 2019, President Joko Widodo approved the clemency
request submitted by corruption convict Annas Mamun. Annas Mamun, who was
involved in the corruption case of land conversion of oil palm plantations in Kuantan
Singigi Regency, Riau, was granted a one-year reduction in sentence. From the original 7
years in prison to 6 years in prison. It is unfortunate that when a corruption convict who
has eaten the people's money is reduced or even forgiven his sentence. President Joko
Widodo should carefully consider granting clemency to criminals who have so far had no
effect even though they have been imprisoned.

In my opinion, law enforcement irregularities in Indonesia are based on several factors,


including the low morale of law enforcers. This can be seen from the cases of law
enforcers who abuse their positions and get caught in cases such as corruption. They do
not feel ashamed of having taken the people's money, instead they are happy because
they have abundant assets even though in an unlawful way. The second factor is the level
of one's position. The higher a person's position, the easier it is for officials to be free from
lawsuits. They may pay / give bribes to judges or prosecutors to commute their sentences
or release them from prison. And the last factor is nepotism, officials commit crimes such
as misappropriation of office or corruption, but because they have an important power
or role in this country, they are very easy to get out of the trap of a legal sentence. This is
different from ordinary people who have no position or significant wealth, are very easy
to be convicted according to the applicable law and will be very difficult to defend
themselves in court. In fact, the judges actually intensified the sentences or made the
settlement process difficult.

c) Conclusion
Some of these cases seem to mirror that law enforcement in Indonesia is still selective
and sharp downward and blunt upward. When the corruptors who rob the people of
people's money are still free and have not been prosecuted, while those who are
economically weak are easily dragged to court to jail. These things are very inappropriate
to happen for a country as big as Indonesia which has complete laws and moreover,
Indonesia is a state of law. It is proper for the law in Indonesia to be addressed, especially
from the law enforcement officers who are tasked with ensuring that the law runs
properly. Supposedly, before they are appointed as judges or prosecutors they must first
take moral education or anti-corruption education. That way, law enforcement in
Indonesia will ensure that irregularities do not occur.

d) References
Basuki, Arie. 2015. Kasus-kasus kriminal yang mengusik rasa keadilan publik.
https://m.merdeka.com/peristiwa/kasus-kasus-kriminal-yang-mengusik-rasa-
keadilan-publik.html?page=all. (Diakses pada 1 November 2020 pukul 19.30)
Anafifitrotin. 2014. Ketidakadilan Hukum di Indonesia
https://www.google.com/amp/s/anafifitrotin97.wordpress.com/2014/11/07/ketidak
adilan-hukum-di-indonesia/amp/. (Diakses pada 2 November 2020 pukul 13.45)

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