Indonesian Legal Compliance In Crisis

Legal culture is closely related to the legal awareness and behavior as expressed in terms of legal compliance within mirror society. In the legal culture of a tradition that can be seen daily public behavior that is consistent and reflects the will of the law or legal guidelines established law applies to all subjects in the life of nation and state. In the legal culture of society can also be seen whether our society in the legal consciousness has really uphold the rule of law as a life together and as a basis to resolve any problems that arise from the risks of living together.

However, when viewed in the material, which is in the law of criminal evidence has always adhered to the truth which is in fact happening in this case is called the material truth, it turns out it is hard to build a culture of substantive law in this country. This suggests that the real public awareness alone is not enough to build a culture of law in this country, because public awareness is still an abstract, not a form of behavior that is real, even though we both instinctively society, rationally and in fact aware of the need for compliance and respect the applicable law.

Experts Sociology of Law, Prof. Dr. Satjipto Raharjo, in his book “The Other Side Of Side-Law in Indonesia, Kompas Publishers 2003″, implicitly concluded that, no feelings of guilt, even though the judgment judex factie (District Court and High Court) has stated that the concerned guilty, a precedent bad for the enforcement of the legal culture in this country. Sociologist critical view that law should be a reflection of us, because it contains a very deep message about the need for us tradition legal culture in this country, because the law is impossible without culture embedded enforceable law with justice.

Therefore, even if our society aware of the laws in force in the country, our society is not necessarily comply with the law. Compliance with the law is a substantial thing in building a culture of law in this country and whether it’s actually legal compliance?

Legal compliance is the benefit of legal consciousness that gave birth to the form of loyalty to the values ​​of public law enacted in living together are realized in the form of behavior which is in fact adhere to the values ​​that the law itself can be seen and felt by fellow community members.

It should be emphasizedagain, thatcompliance withthe lawsocietyis essentially apublicawareness andloyaltyto thelawas arule(rule of the game) as aconsequenceof living together, whereloyaltyis manifestedin the form oftheactualbehavior ofthe lawless(between dasseinanddassolleninfactis the same).

Inacontra-rio in societyifwegetthatmanypeopledon’tobeythislawbecause ofthe individualandsocietyare faced withtwo lawsuitsin which thefidelitybetweentheconflictingdemands offidelityto the demands ofotherloyalty. For example,thesocietyfaced with the choiceof law orloyalfaithfulto the”personal interests”, loyalandobedient tosuperiorswhoordered thewarandkillorbe loyal tohis consciencewhichsaysthat thekillingwasnot goodormore commonlyas often happenspeopledo notobeytraffic rules, corruptionacts, deedsandvigilanteanarchism(eigen rechting) becausethey are moreloyal toprioritizepersonalorgroupinterests, etc.

Moreover,today’ssocietyis becoming moredaringlawlessself-interestbecausethelawenforcementauthoritytheyhave novalueanymore, wherelaw enforcementaswell asprivateinterestsnolongerbegoodlaw enforcement, law enforcementperceiveddiscriminatory. Thus, inthis case, loyalty toa personal interestintothe base ofhumanrefuseorpublicwhywedo notabide by thelaw.

If the loyalty factor is not reliable anymore to realize the law-abiding society, then the state or the government would not want to build and make the public fear as a factor that makes people obey the law. Authority of the law will be felt if we have a strong commitment, consistent and continuous enforce the law without discrimination, everyone shall be subject to the law, law enforcement shouldn’t be partial to anyone and for any reason, except to the truth and justice itself. Therein lies the authority of the law and legal justice.

But if the law is enforced in a discriminatory manner, full of political engineering, can’t be trusted anymore as a means to fight for rights and justice, then don’t blame if people will fight for their rights through the law of the jungle or violence or physical violence (eigen rechting). In fact many now Indonesia has experienced a crisis of obedience to law because the law has lost its purpose substance and public attitudes have looked law of cultures is enforced in a discriminatory manner and siding with a particular interest for the rich and powerful. Quo Vadis Indonesian Law Enforcement?

Enforce Laws Although the sky is falling

Regards Law,

Rahmat (Manager of English Department ALSA LC UNHAS 2013/2014)

#Indonesia

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