Chief Justice Becomes a Speaker in UI Board of Professors Symposium

Chief Justice of the Constitutional Court (The Court) Mahfud MD when serving as a speaker in a symposium “Law and Justice” held by UI Board of Professors, Tuesday (22/2) afternoon in Graha Niaga, Jakarta.

Jakarta, MKOnline – Many facts has shown that one of the problems in law enforcement process to take place in Indonesia is the relationship among law enforcing institutions that is lack of synergy, in fact they take hostage and threaten one another.

“As the result there is a congestion, even if it works the target becomes unclear and in fact it creates new injustices,” revealed the Chief Justice of the Constitutional Court (The Court) Mahfud MD as a speaker in “Law and Justice” Symposium held by the University of Indonesia (UI) Board of Professors, Tuesday (22/2) afternoon in Graha Niaga, Jakarta. 

The relation which lacks of synergy can be seen between the National Commission on Human Rights (Komnas HAM), the House of Representatives (DPR), Attorney General Office (Kejaksaan) and the President in a legal process for allegation of heavy Human Rights violation, that is people disappearance with force. The National Commission on Human Rights had conducted investigation which led to the conclusion on the existence of heavy violations on Human Rights. The Parliament has also reached the same conclusion, also recommended the forming of an ad hoc Human Rights Trial. Yet, so far the Attorneys and the President have not made any action.

In the disclosure of tax mafia case, every conscious will see that it is impossible for a Gayus Tambunan as a III rank civil servant without any structural positions, by himself can do such a massive and systematic crime. There is a tendency that the related institutions is not proactive,” explained Mahfud accompanied by other speakers, Gayus Lumbuun as an advocate also Marwan Effendi from the Attorney Office.

Even more ironic, continued Mahfud, the relationships among institutions in several cases also showed the situation where one made a blockage against and threatened each other because each one of them had a problem with law. Even though it was not clearly stated in the mass media, the public could arrange facts and phenomena that the hindrance for solving the Century case, House lizard vs Alligator, Gayus case and others were filled with that situation.

However, added Mahfud, it was not faier to say that there had been no efforts done to establish a more synergic relationship among institutions in order to enforce law justly. The meeting of the institutions according to their levels had each been done. For example, the meeting between the Anti-graft Commission, Police and Attorney Office not so long time ago. 

“Even the President also formed a task force for eradication of Judicial Mafia, as a breakthrough for the deadlock in the efforts to eradicate judicial mafia which became a target for attack,” explained Mahfud. Periodically, High State Institutions also conducted dialogue meetings to harmonize their steps without having to make any intervention on the authorities of each institutions that had been mandated by the constitution. 

However, Mahfud said, those various synergic efforts had not shown their result because each institution and its apparatus did not have the same commitment at the implementation level. Besides that, it was due to organizational communication and the ability to move the organization problems. The situation occurred because of the unfair competition, the spirit of the corps that tended to be negative which strengthen the blockage situation.   

“Here we come to the leadership problem which still unable to move their institution and apparatus. Leadership at the moment also did not have a strong faith and strictness in giving orders to break the deadlock in each institution,” ended Mahfud. (Nano Tresna A./mh/YDJ)

Tuesday, February 22, 2011 | 17:29 WIB 208