Law Enforcement in Indonesia is Still Weak

December 26, 2019 by : BHP UMY

In 2019, there were many cases of transnational crime (corruption, drugs, and terrorism) in Indonesia. In December 2019, the number of inmates reached 267.912, with 4.037 people guilty of corruption, 464 people guilty of terrorism, and 122,768 people guilty of drug-related crimes. With so many cases of transnational crime in Indonesia, Indonesia’s law enforcement system seems to be getting worse rather than getting better.

Chairman of the Forum of Muhammadiyah Higher Education Faculty of Law Deans of Indonesia, Dr. Trisno Raharjo, S.H., M.Hum highlighted this in the 2019 End of year Reflections Forum by selecting the theme “Study of Transnational Crime in Corruption, Drugs, and Terrorism”, on Thursday (26/12) in the Meeting Room of the Faculty of Law of Universitas Muhammadiyah Yogyakarta (FH UMY). This Year-End Reflection activity was carried out by the Center for Law and Criminology Studies of FH UMY. Trisno conveyed that based on the study he conducted alongside two of his colleagues, namely Heri Purwanto, SH, MH, and Laras Astuti, SH, MH, law enforcement in Indonesia seems to be getting worse not just in their system, but also because the performance of Indonesian law seem to weaken, which is not helped the emergence of new regulations that seek to weaken law enforcement in Indonesia.

“Take for example the criticism the BNPP (Indonesian National Body of Border Regulation) received. The criticisms were so intense the BNPP had to be disbanded. In addition, there were also the stabbing of former minister of political, legal, and security affairs Wiranto, and the changes to the anti-corruption regulations. The regulations in Indonesia seem the be improved in every aspect except corruption. There was even an organizational change in regulation when it comes to the KPK (National Corruption Eradication Commission). The development shown in international conferences was not even taken into consideration when it comes to regulations regarding corruption. This shows that our lawmakers are sloppy. When the KPK regulation was introduced, the public rejected it because instead of addressing the corruption problem, it addressed its internal affairs. Nothing substantial was shown,” he stated.

Not only that, but problems in law enforcement in Indonesia also occur in handling corruption cases. The crime of corruption falls under Extra Ordinary Crime category. Because of this, the handling of corruption cases must also be done in extraordinary ways. “in reality, out of the three types of Extra Ordinary Crimes (drug, corruption, terrorism), only drugs and terrorism were treated as Extra Ordinary, especially in the number of arrests. Jail time for drug-related crimes can last more than 3 days, terrorism can be 21 days, but corruptors are only jailed for a day. This shows that there is something wrong because corruption is still an Extra Ordinary Crime. Also, when it comes to wiretapping alleged corruptors, the process is always complicated and disputed, unlike in drugs and terrorism, “he added.

Some of the current decisions of the Supreme Court, according to Trisno, also provide too much leeway in the form of parole for prisoners for humanitarian reasons. “We will accept paroles if it is carried out with good intentions and correct procedures, but it must not discriminate. As we know, some time ago, President Jokowi granted amnesty to one of the prisoners for humanitarian reasons, but Ustadz Abu Bakar Ba’asyir, who was already in his old age, was not given the same amnesty. This then becomes a polemic, because if Ustadz Abu Bakar Ba’asyir remains unconcerned with the Pancasila ideals, he will never be released. The crimes of Ustadz Abu Bakar Ba’asyir needs to be reconsidered, as he has not committed acts of violence in fighting for what he thinks is right,” he added. (ads)