Interesting post from Indonesian blogger? Josua’s Blog entitled? What?s wrong with Indonesia?s judicial system?
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He writes:
16 January 2010:
Constitution, in which a nation put the basic concept and ideologies of theirs, is a very important thing and takes the first position above all kind of laws valid in a country. As the basic concept for the related country, all citizens, institutions, organizations, etc that exist in that contry must obey and honour it, no exception for Indonesia.Indonesia as we know from its UUD 1945-constitution is a law based nation or as it is said in Dutch language, Rechstaat. A Rechstaat is a country that rely their life to laws. Everything must be seen through the eye of laws. Noone can act in their own way and also noone can judge another people freely, although it can be easily proven that there is a violence.
Now we back to our problem. Judicial system in Indonesia as published in KUHP, KUHAP, and other state of laws, mainly based on the judicial system made in a period when the Dutch colonialize the earth of Indonesia. The weakness of this judicial system is this system made with a lot of advantages for the colonialists of even Indonesians but must be wealth person of course and also made a lot of disadvantages for the natives or the poor. This system wasn?t made by seeing justice and the balence of law so this judicial system didn?t bring a better life for the nation.
Now it has been more than six decades since our founding fathers declare the independence of our country, but we can still see nowadays that law is belong to the rich not to all of people, the poor can only hope their life will not hit the laws or hit by the laws.
In later period, mass medias in Indonesia published many news that could show us that there is a lot of unbalance situation in our life caused by the laws cases between the rich and the poor, a classic case. We ever heard that there were people brought to court just because they were caught picking up fruits in the factory?s area. They didn?t pick up a lot of them but just a few not more than 3. But what they got? Live in prison for months, even for an old woman who knew nothing, she just picked up 2 copras because she saw it without any bad thinking, but judges gave her life in jail. Where is the face of justice?
That is an example for what happens to the ?accused?. The worse is there is a lot of trouble in our laws institution: Police, Prosecutors, and Judge. Through many case, we can see how those institutions and people in them play the laws freely, accusing one another without any self introspection, plus the laws mad by the legislator permit them to do all of those things through a lot of holes in our laws.
Link to full post at?? http://josuatarsisius.wordpress.com/2010/01/16/whats-wrong-with-indonesias-judicial-system/
