Every country has different legal products, laws are created in accordance with the needs of society and the state with the aim no other than to create and improve order and legal certainty in society.
In order to create law enforcement in the community, efforts should be made to bring order to the institutions in charge of enforcing the law in accordance with the proportions of their respective scope, and based on a good system of cooperation and support the objectives to be achieved.
In Indonesia itself, according to Hikmahanto Juwono, traditionally legal institutions that carry out law enforcement include, among others, the police, prosecutors, judicial and advocate bodies . Outside of these there are other institutions such as the Directorate General of Customs and Excise, the Directorate General of Taxation and the Director General of Immigration .
Definition of Law Enforcement
Law enforcement is an effort made to actualize or function of legal norms as guidelines for actors in traffic or legal relations in the life of society and the state.
Meanwhile, according to Soerjono Soekanto, Law Enforcement is an activity to harmonize the relations of values which are set out in the rules / views of steady values and action attitudes as a series of translation of the final stage of values in order to create, maintain, and maintain peaceful social relations.
Basically, law enforcement is carried out to realize the ideals or methods that contain justice, truth, law enforcement is not limited to the task of law enforcement that has been known conventionally, but it becomes the duty of everyone. However in relation to public law the most responsible is the government.
Law Enforcement Theory
According to Joseph Goldstein , criminal law enforcement can be divided into 3 parts, namely;
Law Enforcement Theory
- T otal enforcement ; namely the scope of criminal law enforcement as formulated in the substantive criminal law ( subtantive law of crime ). Enforcement of total enforcement is not possible because law enforcers are strictly limited by criminal procedural law which includes the rules of arrest, detention, search, seizure, and preliminary examination. On the other hand there may be substantive criminal law itself providing restrictions. For example, a complaint is required in advance which is a requirement for prosecution on offenses for complaints ( klacht delicten ). Such limited scope is referred to as the area of no enforcement.
- Full enforcement, after the scope of total criminal law enforcement is restricted to the area of no reinforcement it is expected that this law enforcement can be carried out optimally.
- Actual enforcement, according to Joseph Goldstein, full enforcement is considered not a realistic ezpectation , because there are limitations in the form of time, personnel, investigative tools, funds and so on, all of which lead to the necessity of discretion and the rest is referred to as actual enforcement .
In law enforcement must pay attention to 3 dimensions;
- The application of the law is seen as a normative system ( normative system)is, the application of the entire rule of law that describes social values supported by criminal witnesses.
- The application of the law must be seen as an administrative system ( adminstrative system) which includes the contraction between the various law enforcement officials who are the sub-judicial system above
- The application of criminal law is a social system, in the sense that in defining criminal acts it must take into account the perspective of thought contained in the strata of society.
Factors That Influence Law Enforcement
According to Soerjono Soekanto, there are several factors that influence law enforcement, including;
- Legal factors
There are times when in the implementation of law in the field there are conflicts regarding legal certainty and justice, this is because the concept of justice is an abstract formula, while legal certainty is a normatively determined procedure.
Therefore, a policy or action that is not entirely based on law is something that can be justified as long as the policy or action is not contrary to law. Therefore, in the implementation of law does not only include law enforcement, but also peace maintenance, because in the administration of law is a process of adjustment between the value of the rules & patterns of behavior that have the goal of the realization of peace.
- Law enforcement factors
The mentality or personality of the officers in upholding public relations plays an important role, if the rules are good, but the quality of the officers is not good, of course, the problems have not been resolved. Therefore, one of the keys to success in law enforcement is the mentality and personality of law enforcement.
- The factor of facilities and supporting facilities
The supporting facilities & facilities factors include software and hardware, for example software is education. Education received by police law enforcement today tends to be conventional in practical terms, which causes a lot of pollution to experience obstacles in its objectives, including knowledge of computer crime and in specific criminal offenses that are still under the authority of prosecutors, this is because it is technically juridical the police are deemed incapable and not ready. Although it is realized that the tasks that must be carried out by the police are very broad and many.
- Community factors
Law enforcers, of course, come from the community and aim to create and improve within the community. Every person or group, more or less has legal awareness, the next problem that arises is the level of compliance with the law, namely high, moderate, and lacking legal compliance . There is a level of compliance with the law itself. And this is an indicator of the functioning of the law in question.
- Cultural factors
According to Soerjono Soekanto, culture has such a large function for the community, namely regulating so that humans can know how they should act, act, and determine their attitudes when they relate to others. Thus, culture is the main line of behavior that sets rules about what must be done, and what is prohibited.
Indonesian Law Enforcement Institutions
The Prosecutors’ Office is an executive institution that is subject to the president. However, when viewed in terms of its functions, the attorney’s office is part of the judiciary.
This is contained in article 24 of the third amendment of the 1945 Constitution of the Republic of Indonesia which confirms that judicial power is exercised by a supreme court and other judicial bodies whose functions are related to judicial power.
Other affirmations are found in article 41 of Law No. 4 of 2004, concerning judicial authority, as follows:
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Other bodies whose functions are related to judicial authority include the police of the republic of Indonesia, the attorney of the republic of Indonesia, and other bodies regulated in law
The court institution as a criminal justice subsystem is regulated in Law No. 48 of 2009 concerning judicial authority. In article 1, paragraph 1 provides the definition of judicial authority, as follows;
The legal basis for advocates is contained in Law No. 18/2003 on Advocates, and at the same time becomes an important reason for the advocate profession as one of the law enforcement agencies. This is confirmed in article 5 paragraph (1) of Law NO.18 of 2003 states that lawyers are law enforcers, are free and independent and are guaranteed by laws and regulations. In Article 5 it is emphasized that what is meant by “advocate is as a law enforcer.
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Advocates as one of the instruments in the judicial process that have an equal position with other law enforcement agencies in upholding law and justice.
Penitentiary is regulated in Law No. 12 of 1995 concerning Penitentiary which changes the prison system to a penal system. This penitentiary system is part of a series of law enforcement units, therefore, its implementation cannot be separated from the developer of the general concept of punishment. In article 1 number 3 of Law No. 12 of 1995 explains, that the penitentiary is a place for fostering prisoners and correctional students.
The police institution as a criminal justice subsystem is regulated in Law No. 2 of 2002 concerning the Indonesian Republic police. Article 13 of Law No. 2 of 2002 explains that the police have the main task of maintaining security and public order, enforcing the law and providing protection, protection and services to the community.
While within the scope of criminal justice, the police have special authority as investigators who are generally regulated in articles 15 and 16 of Law No. 12 of 2002 and in the Criminal Procedure Code are also regulated in articles 5 to 7 of the Criminal Procedure Code.