Mon, 16 Dec 1996

Legal security in a precarious state

The conclusion drawn Wednesday by House Commission I after a working session with Armed Forces Chief Gen. Feisal Tanjung -- that legal security and law enforcement in this country are at present in a precarious state -- deserves our attention. "Despite the fact that the general security situation is stable and under control, the legal security situation gives reason for concern," part of the conclusion read by the House commission's chairwoman, Mrs. Aisyah Amini, said.

A number of legal cases that have taken place lately have caused many people to draw the same conclusion as that arrived at by the House commission. Among the most prominent of these have been the revision of an earlier Supreme Court ruling acquitting (labor leader) Muchtar Pakpahan, the case involving charges of collusion at the Supreme Court, the murder of Bernas (Yogyakarta) journalist Udin, the death of suspects in detention and the trial of suspects involved in the July 27 raid on the Indonesian Democratic Party's headquarters in Jakarta.

All those cases have raised questions in people's minds. What seems to be the problem? Are the existing laws no longer capable of ensuring legal security? Or has there been a digression on the part of law enforcement agencies and officers? Or have both factors worked together concurrently?

On the one hand, it has to be admitted that our laws and regulations still have loopholes that can be abused. On the other hand, in many cases, the law -- while quite explicit -- has not been properly implemented on various considerations. Here it is not a case of utilizing loopholes, but of an improper use of power and might. What this means is that it is not the law that is ailing, but the enforcers.

However, irrespective of whichever factor it is that may be at play at the present time, both those factors must be eliminated. We are agreed that ours is a country based on law. That means that we must always strive to establish a sturdy legal environment. Unless we heed this, we will be building a social structure that is filled with anarchy.

-- Republika, Jakarta