Indonesian Legal Protection and Enforcement

Indonesian Legal Protection and Enforcement

• Legal Protection: Efforts to guarantee legal certainty, fostering a sense of security for all citizens.
• Legal Enforcement: Ensuring that acknowledged laws in society are upheld.
• Legal Characteristics: Govern behavior in society, authorized by specified legal bodies, are mandatory, and have clear penalties for violation.

Key Principles of Law

• Supremacy of Law: Law has absolute power to regulate all aspects of life, pervading society without external interference.
• Justice: The core objective of the law is to ensure fairness for all citizens (allowing rights and fulfillment of duties).
• Peace: A peaceful society is one where public interests are not disturbed. This results from protection in all aspects of life and adherence to the law.

Factors for Successful Legal Protection and Enforcement (Soerjono Soekanto)

• Law Itself:
  • Must not contradict national ideologies.
  • Clear, concise, and precise language.
• Law Enforcement Officials:
  • Professionals who uphold justice in their duties.
• Society: Comprehending and abiding by the laws.
• Supporting Facilities:
  • Personnel, organization, adequate equipment, etc.
• Culture:
  • Underpins existing laws.
  • Values of right and wrong.

Roles of Indonesian Legal Bodies

POLRI (National Police)

• Duties:
  • Maintaining public order and security (Keamanan dan ketertiban masyarakat, or 2K).
  • Enforcing the law.
  • Providing protection, guidance, and services to the public (Perlindungan, pengayoman, dan pelayanan kepada masyarakat, or 3P).
• Authority (11 specific powers):
  • Arrest, detention, search, and seizure.
  • Controlling movement in crime scenes.
  • Bringing suspects to investigators.
  • Stopping, questioning, and checking identification documents.
  • Conducting examinations and seizing documents for investigation.
  • Gathering information on suspected crimes (investigation).
  • Further investigation using evidence to find suspects (investigation).
  • Bringing suspects before the judge, issuing court mandates.
  • Sending case files to prosecutors.
  • Requesting information directly from immigration.
  • Guiding and assisting civil servants' investigation and receiving investigation results.
  • Other lawful actions.

JAKSA (Prosecutor)

• Criminal Cases:
  • Bringing criminal charges (penuntutan).
  • Executing court orders and rulings.
  • Supervising probation, supervision, and conditional release rulings.
  • Conducting criminal investigations.
  • Preparing/adding to case files and performing additional examinations before transferring to courts (through coordination with investigators).
• Civil and Administrative Cases:
  • Representing the state or government (both in and out of court).
• Public Order and Tranquility:
  • Raising public awareness related to law.
  • Securing legal enforcement policies.
  • Monitoring published materials.
  • Monitoring religious movements that threaten the state.
  • Preventing misuse and/or blasphemy of religions.
  • Researching and developing law and crime statistics.

HAKIM (Judge)

• Judicial Functions: Examining, accepting, and deciding legal cases impartially and fairly.
• Specific Judges (types): Constitutional Court, Supreme Court, various court levels throughout the country.
• Supreme Court Judge Powers:
  • Deciding cases appealed in the Supreme Court.
  • Examining the legality of laws below the Constitution.
  • Providing legal counsel for state bodies.
  • Overseeing court administration at lower levels.
  • Resolving jurisdictional disputes.
  • Handling requests to review previous firm rulings.
  • Overseeing administrative and financial tasks.
  • Consulting with lower courts on specialized judicial topics.
  • Giving guidance, admonition, or warnings to lower-level courts when necessary.
  • Reviewing judicial conduct internally.
  • Resolving petitions for clemency and rehabilitation.

ADVOKAT (Lawyer)

• Legal Professionals: Provide legal advice and representation to people.
• Requirements for Advokat status: Specific requirements for education, experience, conduct, and criminal history are needed.

KOMISI PEMBERANTAS KORUPSI (KPK - Anti-Corruption Commission)

• Duties:
  • Coordinating with institutions in eradicating corruption.
  • Supervising institutions in combating corruption.
  • Conducting investigations, prosecutions against corruption.
  • Taking preventive measures against corruption.
  • Monitoring government operations.
• Authority: Coordinating investigation/prosecution of corruption; asking for information related to anti-corruption efforts, requesting reports on corruption prevention; meetings, hearings, decisions on reporting systems.
• Principles:
  • Certainty & legality
  • Transparency & openness.
  • Accountability.
  • Common good.
  • Proportionality.

Dynamic Legal Violations

• Numerous types of legal violations occur in many spheres of life (family, school, community, nation, and country). Examples given include: ignoring parents, disrupting siblings' study, cheating, tardiness, skipping school, missing night watch duties, not participating in community cleanup, lack of identification, traffic violations.

Sanctions for Legal Violations

• Formal/Material Punishment: Defined punishments for specific offenses detailed in regulations.
• Formal/Material Characteristics: Level of punishment based on the committed offense.
• Actual & Desired Character Traits: Desirable traits associated with lawful behavior: being admired by society, not harming oneself/others, respectful treatment of others, harmonious relationships, legal awareness, lawful compliance.