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“Being creative is easy to understand when people own justice solutions to the dispute that they face”

Posted by on March 6, 2013

“IN vocabulary study philosophy of law, justice is one of the most reliable conditions as the main destination of the law in the life of humans. Scale scales alias became a symbol of law, representing its most important functions; mengkadar two opposite sides. Law idealized create a state of balance (equal) between rights and obligations. If it was legal then the inequality it creates inequality solely to strengthen their vulnerable, facilitating the weak, and still need social support in order to achieve equality.

World justice symbolized by Themis, Goddess of justice which brings the scales with my eyes closed. Meaning, the court deciding the case regardless of the litigants in order to find the point of balance. He did not just put the legal statute, but also a sense of justice so that what is broken is fair, regardless of personal subjectivity.

In a sensible country democratic, legal objectives aligned with the ideals of welfare of the people. Law is devoted to the interests of the people (the many), not to the few people in power and the dispossessed (the few). Preamble of the 1945 Indonesia Constitution as the supreme law of the country confirms the purposeĀ  legal entity created which called Homeland, which protect all the people of Indonesia and the entire country of Indonesia.

Benerkah Is that a? Various acts of violence in the country, from the Mesuji plantation to demonstrate the fact instead. State law, the following law enforcement apparatus, is not empowered to defend and protect the people, when they are dealing with volatile capital established power .They suffered enough injuries, loss of life, or the seizing of resources, people got a negative stamp as a trigger for violence.

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The protest rally people lived, not to be heard again, did not get the attention it deserves. Not seen the spirit of the government and representatives of rakyatuntuk run true function: as messengers and bearers of the mandate of the people. Action self-immolation of a student some time ago containing profound message: terribly frustration of a citizen who were trapped in natural pengapnya statehood.

From the media we know the criminal proceedings vocational students in Palu in case of theft of flip flops police officers. Deception normative apparatus that handling the case according to the procedure and at the request of the suspect’s family probably will not get a great reaction if all this law enforcement professionals carry out their duties, in accordance with UN General Assembly Resolution on the Code of Conduct for Law Enforcement Officials (1979).

Not to mention the theft after sandals, offered the arrest of child mental retardation stealing bananas in Cilacap (BC, 05/01/12). So fast local apparatus in this case in stark contrast to the drama series determination status as a suspect and arrest the delay to so much corruption, following a variety of facilities and amenities provided to them.

Real true that the law is very harsh on those poor, otherwise very facilitative towards the haves. The rule of law is the same, but the interpretation, activation, and the result is obvious discretion differently, due to one major factor: power.

When the law (state) following increasing officers did not show the character of justice, it becomes easy to understand when people seek justice and create their own solutions to the dispute that they face. Justice beyond law, solving problems as far from the interference of state institutions following their followers be considered a rational alternative to the completion of satisfactory and equitable dispute. (10)

– Manunggal K Wardaya, lecturer at the Faculty of Law Unsoed, PhD Researcher at Radboud Universiteit Nijmegen, Netherlands

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