Law enforcement was a combination from several related system. Inside, there were three important elements that determined the success of law enforcement; there were the administration of law, the enforcement of law and the making of the law. Law enforcement would not run well if one of the three elements did not run. The Police as one of the components should also be heard because without doing that, the lawmakers would not know how the law product was implemented.
That was one of the points made by the Chief Justice of the Constitutional Court (MK), Jimly Asshiddiqie, in front of participants from Police High-Ranked Officers and Staff Administration School (SESPATI-Polri) who visited the Constitutional Court on Thursday (3/4) morning. The visit from the highest education in Indonesian Police area was aimed to improve the participantsÃ¢â¬â¢ understanding about the Constitutional Court in relation to law enforcement.
Even though the related elements in law enforcement were expected to have the synergy and to cooperate, the independency of each element should not be abandoned. Ã¢â¬ÅPolice Independency should not be mixed up with the attorneys or judges independency. Still, all of them needed to work together, brainstorm, and consolidateÃ¢â¬Â Jimly said.
Jimly also reminded that the condition of Indonesian people was getting more complex everyday. There were so many necessities among the people that differed between one another. Therefore, law could never satisfy all parties. Justice could only be achieved when lawmakers could grasp the essence of life. Ã¢â¬ÅThere should be wisdom in law making and law enforcement. Therefore. if there is a deviation of law, there is a justicial measurement,Ã¢â¬Â he added.
That could not be separated from the reality that there were so many ideas in Indonesian law imported from foreign countries. Ã¢â¬ÅEven the idea of the Parliament itself came from the Dutch who founded volksraad,Ã¢â¬Â explained Jimly. Whereas we absorbed ideas in law from other countries, our behavioral world was something passed on from generation to generation. The two things at the end finally caused a discrepancy because we had not been successful to abridge the tradition and the institutions we had
Impacts of law reformation
Besides talking about enforcing the law, Jimly also explained the massive changes taken place in Indonesian law realm began with the amendment of the 1945 Constitution. According to Jimly, the changes in the 1945 Constitution during the 1999-2002 periods were serious and elementary that resulted in the reformation in legal system and Indonesian constitution. In law science, different punctuation and capital could end in big different in terms of meaning. So, we could imagine if the changes were done in legal substances up to 300 percent like what happened to the 1945 Constitution.
Yet, Jimly said that the change in legal area, especially in Indonesia, sometimes were not noticed and understood by the people. Therefore, a constant information spreading and socialization process was needed. Besides that, he added, the result of the changes had to be guarded in order to implement it and give some benefits to the people.
Ã¢â¬ÅThe changes are not done by writing it but also have to be socialized, so the people understand them because the Constitution is a social contract. For that reason, the Constitutional Court is formed so that constitution is not only on the paper,Ã¢â¬Â explained Jimly.
Jimly felt the people need to know and understand the constitution because it was a contract document that tied every citizen. Besides that, he added, constitution was needed to do the rights and obligations of the state and the citizens.
Ã¢â¬ÅThere are three important elements needed so that the people understand the constitution. The first thing is the text of the constitution itself. Second is the general understanding of the text. The last is the collective behaviour needed to fulfill the idealism within the text. We should create a distance that is getting closer so that it will be a leading constitution. If we can do this, then law can be enforced.Ã¢â¬Â convinced Jimly. (Yogi Djatnika)
Thursday, April 03, 2008 | 15:04 WIB 238