Discriminatory Justice

Indonesia has affirmed itself as a state of law, as stipulated in Article 1 paragraph (3) of the 1945 Constitution, which states, ‘Indonesia is a state of law.’ Therefore, every citizen has equal standing before the law (equality before the law). This principle is also emphasised in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, which guarantee equal status and fair legal certainty for all citizens. This means that anyone, regardless of position, wealth, background, or social status, should receive equal treatment under the law. However, amidst this idealism, a question still arises among the public: has justice truly been enforced fairly without discriminating based on social status, position, or power?

In recent years, the public has frequently witnessed legal cases that spark debate due to alleged disparities in the law enforcement process. Cases involving ordinary citizens are often processed quickly and result in firm punishments, while cases involving officials, influential figures, or those in power often proceed slowly, become convoluted, or even stall without clarity.

This situation creates the impression that the law still considers who the perpetrator is, rather than solely what the act was. When the public feels that the law can be influenced by power, position, or certain interests, trust in law enforcement agencies will continue to decline. Consequently, a perception arises that justice can only be enjoyed by those with access to power or greater resources.

In fact, the primary purpose of law is to create justice, certainty, and benefit for all of society. Fair law enforcement should be carried out without distinguishing between social status, economic background, or political standing. Law enforcement officers are required to work professionally, independently, and free from intervention. Every process of investigation, inquiry, prosecution, and trial must be conducted transparently so that the public understands the reasoning behind every judge’s decision. Additionally, internal and external oversight of law enforcement institutions must be strengthened to prevent abuse of authority.

Ultimately, justice is not only about punishing violators of the law but also about ensuring that everyone is treated equally before the law. The law will gain strong recognition if it is applied fairly, consistently, and without discrimination, so that the public believes not only in the letter of the law but also in its implementation.