Law enforcement

In everyday life we often come across statements from the public cynicism that the law in our country has not enforced as such. This statement rather than just the instant of birth for no reason, but it was born as an expression of a sense of satisfaction lack of facts to law enforcement in many cases is still very far from the legal state of life expectancy in our country. The level of legal awareness of people seem to have advanced so that the real lack in terms of law enforcement directly diresponi negative by society.
People today have understood perfectly well what the purpose of the law. Referring Radbrurh opinions, legal purpose it shall meet at least three things are very basic points to be achieved, namely: Justice, Certainty and usefulness.
Justice is a gramatical derived from the word meaning fair balanced and impartial. Dr. Andi Hamzah, SH in "Law Dictionary" gives the sense of justice is the proper balance between the parties obtained, either in the form of profits and losses, is one of the legal nature of the benefit as well.
In practical language, justice can be interpreted as giving equal rights to the capacity of a person or application to every person in proportion, but it also means giving as much to everyone what a quota based on the principle of balance. Law without justice by Geny not mean anything at all.
Legal certainty of law enforcement points to a clear, permanent, consistent, and consequently, that its implementation can not be influenced by the circumstances in nature subjective. Citing the opinion of Lawrence M. Wriedman, a professor at Stanford University, argues that to establish "legal certainty" at least must be supported by elements as follows, namely: (1) the substance of the law, (2) the legal apparatus, and (3) legal culture.
The first element "legal substance" to talk about the substance of the written provisions of the law itself. The second element is the "legal apparatus" is a device, a system and executing work procedures than what is stipulated in the substance of this law. While the last element is the "legal culture" which is complementary to encourage the establishment of "legal certainty" is how the culture of public law, the provisions of the law and its legal apparatus. Elements of legal culture is also important from both the elements above, since the establishment of legal regulations will be very dependent on "legal culture" society. And the legal culture of society depends on the legal culture of its members are influenced by educational background, environment, culture, position or status, and even interests.
The substance of the law, personnel law and legal culture as has been pointed out above, ideally should be to encourage the establishment sinergikan "legal certainty" in any constitutional state in the world. Each other should have a mutual dependence (dependency), one element is not fulfilled, then the "legal certainty" is difficult to materialize.
While the kemanfaatannya side, the law should take in order synergistic functionality between justice and certainty. Thus in practice, the law took effect (benefit) to create a sense of protection and order in living together in society.
Law enforcement is the process of doing an effort to upholding or the functioning of legal norms as a significant interaction code of conduct in social life and state. Terms of the subject, that law enforcement can be done by broad subject, which is defined as law enforcement efforts involving all the subjects of law in any legal relationship. Anyone who runs normative rules or do something or not do something to rely on the norms applicable law, meaning he runs or enforce the rule of law. In a narrow sense, in terms of subject, the rule of law is only interpreted as an effort to certain law enforcement personnel to ensure the upholding of law and ensure that, if necessary, law enforcement agencies were allowed to use force power.
Understanding that law enforcement can also be viewed from the point of the object, namely in terms of the law. In this case, understanding also covers a broad sense and narrow. In a broad sense, it includes law enforcement on the values of justice contained in the sound of the formal rules and the values of justice that live in the community. But in the narrow sense, the law enforcement concerns only the formal enforcement of regulations and the written course.
With the above it becomes clear that what is meant by that law enforcement is about efforts to make law, whether in the narrow formal sense and in a broad sense material, as the code of conduct in any legal action, both by the legal subject concerned or by law enforcement personnel for official duties and authority given by law to ensure the functioning of the legal norms that apply in social life and state.
LAW ENFORCEMENT objective
As mentioned above that is objectively, which legal norms to be enforced include the formal legal sense and legal material. Formal law refers only to the legislation is written, while the law also covers the material terms of the values of justice that live in the community. In everyday practice, some people distinguish between the notion of law enforcement with the enforcement of justice. Law enforcement can be associated with the notion of "law enfocement" in the strict sense, while law enforcement in the legal sense material, termed the enforcement of justice. The terms were meant to assert that the law should be enforced is not the norm in essence own rules, but the values of justice contained therein.
Each norm has its own laws contain provisions about the rights and obligations of legal subjects in the traffic law. Legal norms that are the basis, of course, includes the formulation of the rights and obligations which are also fundamental. Because of that, academically, is the issue of rights and obligations regarding human rights is a necessary concept in the legal concept of balance and fairness. In any relationship therein legal rights and obligations dimensions in parallel and crossed. Therefore academically, Human Rights should be balanced with human rights obligations. However, in the historical development, human rights issue itself is closely related to issues of injustice that arises in connection with the issue of power. In history, the organized power into and through the organs of state, often proved to bear oppression and injustice. Therefore, the history of mankind left the idea of protection and respect for the rights of human rights. The idea of protection and respect for human rights was even adopted into thinking about the limitations of power that became known as the flow of constitutionalism. Konstiotusionalisme flow is what gives color to modern ideas of democracy and nomokrasi (state law) in history, so that the constitutional protection of human rights is considered as the main characteristics that need to exist in any democratic state of law (Democratische rechsstaat) or state-based democracy the law (Constitutional democracy).
In other words, the human rights issue is actually closely related to issues of law enforcement and justice itself. Because of that, actually, not very appropriate to develop the term human rights enforcement in isolation. Because if human rights can be enforced? Is not that it is enforced the rule of law and the constitution which guarantees human rights, and human rights instead of itself?. However, in daily practice, we are indeed wrong. We are familiar with enforcement of the term "human rights". The problem, public awareness about human rights and awareness for mengghormati rights of others among us do not even grow healthy.
Law enforcement agencies
Law enforcement agencies refer to the notion of institutions and law enforcement officials (the person). In a narrow sense, the law enforcement agencies that were started from witnesses, police, attorneys, judges and prosecutors officers penitentiary warden. In reality, the task or role directly related to the activities of reporting or complaint, investigation, investigation, prosecution, evidence, verdict and the imposition of sanctions, and re-socialization efforts (resosialisasi) inmates.
In the process of operation, law enforcement agencies, influenced by 3 key elements that influence, namely: (i) law enforcement institutions and tools supporting infrastructure and institutional mechanisms; (ii) culture-related personnel, including personnel welfare factors , and (iii) regulatory devices that support both institutional performance and laws governing the material which is used as the standard work, both the law and legal materilnya show. Law enforcement efforts must systematically consider the three aspects simultaneously, so that the process of law enforcement and justice itself can be realized internally significantly.
However, besides the three factors above, complaints regarding the performance of law enforcement in our negra far, actually require a more thorough analysis again. Law enforcement is only one element of the overall course of our problems as the law states that aspire to efforts to enforce and realize social justice for all people of Indonesia. Law may not be straight, if the law itself or not reflect the feelings or values of justice who live in the community. Law can not ensure fairness if the material is largely a legacy of the past that no longer compatible with the demands of the times. That is, the problem we face not only with regard to law enforcement efforts but also reform the law or making new law. Because of that, there are four important functions that require careful attention, namely: (i) the making of law, (ii) socialization, dissemination and familiarization even law and (iii) law enforcement. All three need support (iv) administration of the law effectively and efficiently run by the government (executive) is responsible (accountable). Therefore, the development of administrative law and legal system can be described as an important agenda of the fourth addition to the above three agendas. In a broad sense, the administration of law that involves understanding the legal implementation (executing rules) and the administrative procedure law itself in a narrow sense. Example can be questioned how far the system documentation and publication of existing laws have been in order sikembangkan documentation rules (regels), the decisions of the state administration (beschikings), or the determination and the decision (vonius) judges at all levels and layers of government from the center to the regions. If the administrative system is not clear, how can the public access to various forms of legal products that can be opened?. If access does not exist, how can the public expect to obey the rules that do not know?. Although there are theories "fiktie" which is recognized as a legal doctrine that is universal, the law also needs to function as an educational facility and the renewal of society (social reform), and therefore lack the legal knowledge and the public will not be left without social and civilizing efforts of law in a systematic and Yogyakarta, June 18, 2007