Constraints in Law Enforcement
By: Tri Ayu Riwayani ,
HBS A, 11220035
As we have seen, law
enforcement in Indonesia cannot be said to be maximal. It can be seen from the
number of legal cases that have not been resolved, both about the performance
of the Supreme Court of the Republic of Indonesia, the poor performance of the
Attorney General of the Republic of Indonesia, the behavior of lawyers,
government incapacity to read people's aspirations in drafting legislation, and
others.[1] This
phenomenon is certainly not as expected Indonesia. By society therefore, there
needs to be efforts of the relevant parties so that law enforcement could be
implemented. However, in practice, it is not always run smoothly, or in other
words is often faced with certain obstacles. The seriousness of the rule of
law, among others, the situation is characterized by the implementation of the
law and law enforcement efforts are having a lot of problems, such as:[2] the image
of law enforcement decreased, slow police in solving crimes involving the tie,
the legal culture of the people of Indonesia are still far from the discipline
and obedience to the law, the judge's decision was fair, performance and
enforcement of orthodox and oppressive. Law enforcement functions as protection
of human interests, the law has a purpose. Has a legal target to be achieved.
Some theories about the purpose of the law,[3]
three is ethical theory, the theory of utilities, and the theory of mixtures.
According to the authors, a good theory is a theory because it focuses on the
mix of order , peace , serve the purpose of the state to dispense justice and
order .
