Podcast
Questions and Answers
What are the two main concepts discussed in this chapter?
What are the two main concepts discussed in this chapter?
Protection and enforcement of law in Indonesia
Which of these is NOT a characteristic of protection of law?
Which of these is NOT a characteristic of protection of law?
What is the primary goal of law enforcement according to Andi Hamzah?
What is the primary goal of law enforcement according to Andi Hamzah?
What is the primary goal of law enforcement according to Simanjuntak?
What is the primary goal of law enforcement according to Simanjuntak?
Signup and view all the answers
The existence of codified laws is a major factor that assures the effectiveness of law enforcement.
The existence of codified laws is a major factor that assures the effectiveness of law enforcement.
Signup and view all the answers
What are the two fundamental aspects of the rule of law?
What are the two fundamental aspects of the rule of law?
Signup and view all the answers
What is the main aim of achieving justice within a society?
What is the main aim of achieving justice within a society?
Signup and view all the answers
Which of these factors is NOT considered vital for successful law enforcement, according to Soerjono Soekanto?
Which of these factors is NOT considered vital for successful law enforcement, according to Soerjono Soekanto?
Signup and view all the answers
Which of the following is NOT a core task of the Indonesian National Police (POLRI)?
Which of the following is NOT a core task of the Indonesian National Police (POLRI)?
Signup and view all the answers
Match the following legal professionals with their primary duties:
Match the following legal professionals with their primary duties:
Signup and view all the answers
What are two key attributes that must be present in a lawyer according to the text?
What are two key attributes that must be present in a lawyer according to the text?
Signup and view all the answers
What are the full names of the two highest judicial bodies mentioned in the text?
What are the full names of the two highest judicial bodies mentioned in the text?
Signup and view all the answers
Judges have the right to make decisions based on their personal opinions and beliefs.
Judges have the right to make decisions based on their personal opinions and beliefs.
Signup and view all the answers
What is the purpose of the Corruption Eradication Commission (KPK)?
What is the purpose of the Corruption Eradication Commission (KPK)?
Signup and view all the answers
Which of these is NOT a principle guiding the KPK's work?
Which of these is NOT a principle guiding the KPK's work?
Signup and view all the answers
A lawyer is always an advokat.
A lawyer is always an advokat.
Signup and view all the answers
The text states that anyone, regardless of their background, can become a lawyer.
The text states that anyone, regardless of their background, can become a lawyer.
Signup and view all the answers
What are the two main categories of sanctions for breaking the law outlined in the text?
What are the two main categories of sanctions for breaking the law outlined in the text?
Signup and view all the answers
Which of these is NOT a characteristic of someone who behaves in accordance with the law?
Which of these is NOT a characteristic of someone who behaves in accordance with the law?
Signup and view all the answers
What are the two primary factors considered when determining the appropriate sanction for a legal offense?
What are the two primary factors considered when determining the appropriate sanction for a legal offense?
Signup and view all the answers
Study Notes
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the fundamental principles of legal protection and enforcement in Indonesia, emphasizing the supremacy of law and concepts of justice and peace. Learn about the key characteristics that govern societal behavior and the successful factors influencing legal enforcement, according to Soerjono Soekanto.
