According to the Indonesian Survey Institute (LSI) as of March 2023, nearly 30 percent of the public perceives law enforcement in Indonesia as poor. This assessment is based on the numerous cases involving law enforcement officers who are supposedly the main pillars of law enforcement itself. One example of such a case that tarnished the reputation of law enforcement is the murder case involving Former Chief of the Professional and Security Division (Propam) of the Indonesian National Police, Ferdy Sambo.
Additionally, it is no secret that injustice in the legal system is still felt by the common people, leading to the widespread belief in the phrase “The law is blunt at the top and sharp at the bottom”. Despite the numerous changes of leaders in Indonesia, the issue of weak law enforcement remains a major challenge for the government.
Considering these problems, what causes law enforcement to still be relatively weak? What are the appropriate steps to increase the strength of law enforcement in Indonesia? Here’s an exclusive interview with PK identitas Unhas reporter, Achmad Giffary accompanied by a Professor of Criminal Procedure Law from the Faculty of Law, Hasanuddin University (Unhas), Prof Dr Andi Muhammad Sofyan SH MH on Wednesday (20/09/2023).
What are the factors that contribute to the weakness of law enforcement in Indonesia?
Such examples are bribery of law enforcement officers to facilitate the course of justice or a close relationship between law enforcement officers and suspects. Sometimes, even though they are the ones at fault, subjective approaches make law enforcement poor in Indonesia, resulting in those who should be detained not being detained. That is an example of what is referred to as the X factor or non-legal factor.
Will the current poor law enforcement impact future law enforcement systems?
Our law enforcement is sharp downward but blunt upward. If it’s to be fixed, it will undoubtedly take a long time because it is exemplified through generations. So, when the system is poor, the next generation of law enforcement will follow in the footsteps of the previous terrible investigators. But when it is good, then hopefully the future is also good.
Regarding the decision of the Supreme Court (MA) in the case of one former law enforcement officer, Ferdy Sambo. What is your opinion on this matter?
That matter falls within the jurisdiction of the judge. When the defendant appeals to the Supreme Court, the appeal decision can alter or strengthen the decision of the lower court. The Supreme Court can also independently adjudicate, so its decision differs from the previous decision. It can also annul the decision of the high court or the lower court, and improve the decision of the lower courts.
Is the decision of the Supreme Court regarding that matter valid?
Yes, it is, according to the law, the authority of the Supreme Court is indeed so.
In your opinion, how is the good is law enforcement in Indonesia, especially for judges?
Some judges are not good, but I don’t know how many. Judges should learn to be “God in this world” because they are the ones who decide cases and have to be accountable for their decisions in this world and the hereafter. Judges must weigh matters with the utmost clarity, with the purest of hearts, not influenced by anything, and weigh matters with the utmost honesty.
I often say that when making decisions or policies, law enforcement should not use emotions but should use reason. The definition of reason here is the law and all regulations related to the case. Criminal procedural law should not be ignored because law enforcement must follow the procedure. So if it doesn’t follow the procedure, it’s wrong.
What needs to be improved in Indonesia’s law enforcement system?
In my opinion, it is the person. If the regulations and rules are already good, prone people can still abuse their influence or power.
Then there should be oversight of the Supreme Court and other law enforcement agencies, so if a judge is reported to have accepted bribes and other violations, they should be immediately dismissed. If there are also judges whose decisions are always wrong and they often undergo corrections in the higher court or the Supreme Court, it means they should be dismissed because they are not fit. Indeed, there must be such control. So a person has to be truly a human.
What are your hopes for law enforcement in Indonesia in the future?
I hope that all activities in law enforcement truly uphold honesty and justice. It should be able to protect the oppressed and provide satisfaction to the people. On the other hand, law enforcement officers must be able to control themselves.
Read the original version in Bahasa Indonesia.
Speakers Data:
Name: Prof Dr Andi Muhammad Sofyan SH MH
Place and Date of Birth: Bonelohe, Selayar Islands Regency, January 5th, 1962
Education:
S1 (Undergraduate): Law, Hasanuddin University (1985)
S2 (Masters): Law, Hasanuddin University (1994)
S3 (Doctorate): Law, Hasanuddin University (2004)
Translated by: A. Mario Farrasda & Muhammad Alif M.
