Justice Daniel Yusmic P. Foekh Talks Enforcement of Law in Indonesia

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Monday, April 5, 2021 | 15:07 WIB

Constitutional Justice Daniel Yusmic P. Foekh speaking at a webinar by the Central Kalimantan Youth Forum (Forpeka), Sunday (4/4/2021) from Jakarta. Photo by Humas MK/Panji.

JAKARTA, Public Relations—Thirty-five participants of the Lewu Harati Cadre School joined a webinar by the Central Kalimantan Youth Forum (Forpeka) on Sunday, April 4, 2021. Constitutional Justice Daniel Yusmic P. Foekh spoke to the participants, Central Kalimantan residents who have diverse religious and education backgrounds, virtually about “Law with Justice.”

In his presentation, Justice Foekh took the participants to review the enforcement of law in Indonesia. The World Justice Project Rule of Law Index 2020 shows that Indonesia place 59th out of 128 countries. The index measures rule of law performance across eight primary factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.

He then highlighted the case of Djoko Tjandra. He believes that the case indicates that there is still mafia in the justice system. He also mentioned Gayus Tambunan, a former taxman sentenced for tax fraud crimes who managed to get out of jail to watch an international tennis tournament in Bali.

“This means that in the justice system in Indonesia there is still ‘selective cutting’ and not everyone is treated equally when sentenced,” he said from his residence in Jakarta.

Law Enforcement Institutions

Justice Foekh said that the enforcement of law is closely related to law enforcement system and agencies. He quoted American law professor and expert Lawrence M. Friedman’s three elements of the justice system: structure, substance, and legal culture. Justice Foekh said that Indonesia’s legal culture is weak. Fields of law were created as one close-knit unity, such as civil law, criminal law, environmental law, and international law.

More subsystems also exist in the vast fields of law, for example in the criminal justice system in Indonesia, investigation is done by the police, prosecution by public prosecutors, and sentencing by the courts. The Advocate Law also gives advocates power in the enforcement of the law.

“Within such subsystems of the law, there are different mechanisms, stages, and institutions authorized to settle disputes,” he added.

Justice Foekh then talked about the Constitutional Court. Article 24C paragraph (2) of the 1945 Constitution stipulates that the Constitutional Court implements the justice system alongside the Supreme Court. The Constitutional Court’s judicial authority is also emphasized in the Constitutional Court Law. In the Indonesian politics after the amendment to the 1945 Constitution, the Constitutional Court, the Supreme Court, the House of Representatives (DPR), and the Regional Representatives Council (DPD) are equal.

Justice Foekh explained that the Constitutional Court has an additional authority to settle regional election (pilkada) disputes on top of its authority to settle judicial reviews of laws (PUU), presidential and legislative election disputes, and interagency authority disputes (SKLN).

“The Constitutional Court’s decisions promote the protection of constitutional rights, such as the enforcement of law for customary law communities, that in terms of marriage age limit, and other constitutional issues, in cases petitioned by both individuals and groups within legal entities as well as customary law communities,” he said.

After delivering his presentation for 45 minutes, the justice fielded questions and arguments from the participants. The Lewu Harati Cadre School was founded as a learning forum for the Central Kalimantan youth.

Writer: Sri Pujianti
Editor: Nur R.

Translator: Yuniar Widiastuti
Editor: NL

Translation uploaded on 4/6/2021 12:50 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.