Law enforcement, particularly judges, in Indonesia should not be ‘addicted to procedure’ (procedural addicted). For, if the logic is still a lawless as the sole grip in the sense of justice to enforce the law potentially overlooked.
Thus it is expressed by the Constitutional Court Ahmad Fadlil Sumadi when receiving the visit of the Religious High Court Building of Makassar to the Constitutional Court on Wednesday (8/2). During the visit, Fadlil describe briefly the material titled "Development of the Constitutional Court in the lawless".
In his presentation, Fadlil explain the law of the three aspects, namely in terms of ontology, deals with the means, and axiology. In terms of ontology, is made the law as an object of study in a scientific field. Deals with the means, how do people know about the law? In axiology, how the law is implemented in the life of society, nation and state.
According Fadlil, once the law is regarded as something distinct and closed.” I had reason and your own way. Even logic, "he explained. But now, it has begun to change. Now, his reason has begun to open. Everyone can speak the law. In other words, the lawless was in all aspects of life. "All is inclusiveness".
In addition, Indonesia’s first Constitution of 1945 established through political mechanisms. In fact, continued Fadlil, enforce the law through the political mechanism can be likened to a congenital defect. Therefore, the political mechanism is strongly influenced by the amount or quantity. Where, based pm decision-making on the political mechanism is often set aside justice and legal certainty. In fact, "almost not there," he said.
Therefore, it should be law enforcement oriented to substantive justice. According Fadlil, sometimes judges have dared to bypass the shackles of formal legal rules to find substantive justice. This is in line with that pursued by the Court during this time.
Responding to questions raised in the question and answer session, Fadlil admit, good or bad remains a legal product that must be valued and respected as a result of legislative institutions. Of course, all has not been declared contrary to the Constitution by the Constitutional Court. If there was a view that the law is influenced by social and political conditions, according to him, is a natural thing. In the process of the law there is a wide range of interests, including political interests.” The law is a political product," he said, citing the dissertation chairman of the Constitutional Court, Moh. Mahfud MD. (Dodi / mh/Yazid.tr)
Wednesday, February 08, 2012 | 14:15 WIB 230