Law as a Tool of Abuse of Power
Law as a Tool of Abuse of Power
By Yakub Adi Krisanto
Ideally, laws become a way to attain of justice. If justice does not exist in such community, so will be disorder that community face up a kind of decline. People who generate of community have been dissatisfied about certain condition. A person was distrust to another and to looking for self-prosperity.
Look to our community, which people were frequently to judge and punish the others that do evil job. Circumstances were almost seen, reflect the condition that our people distrust state institution what have a compulsory to keep society order and peaceful. There is much contradiction in our state affairs. State has support the whole interest of society became a tool or instrument for the rich or people having abundance. Having abundance or wealthy means have a power to do some in judicial procedures that common people will do not such perpetuate.
Alternatively, state will be on sides that people have a power. Power can perpetuate a kind of active action like collusion or corruption. Such people have role-played to combine forces with law institution (like police, attorney and court officer – judges) to do something to take some benefit. Hide behind an article in a law-book, they have opportunity to explanation certain fact and then interpretative according to their significance.
Interpretations of the law employed by judges to support fact that was depend how much judges had paid. For example, phenomenon has happen with Kowaas that had paid his freedom by give five million Rupiah to judges. Judges on such occasion make a bargaining to transfer money at certain day. Nevertheless, at the day had definite, Kowaas can not give the money that judges require. Consequently, judges make decision to punish Kowaas and send to the jail. Moreover, there many examples that is evidence for how judges cannot fulfill promise that relies on agreement.
Judges decision succeeds a kind of commodity that is tradable and payable. Like an economic principle where is demand exist so in same place there is supply. Power that inherent at judge’s work had abuse to self-wealthy or satisfied material or economic needs. Judge’s work to bring justice to the people that seek at a courtroom had changed a market. Courtroom became fanfare and malfunction as a stock exchange. Who had a plenty paid will get justice and people does not pay obtain suffering.
Justice and injustice make a situation depend on money. If this condition is not attempt to prevent, so people will angry. Common court will be alternative. Corruption of justice had proliferate in our law institution, how could we deal with it? It could be maintain in evolutionary manner as culture product.
In a point of view by Lord Acton, powers tend to corrupt. So, who is hold power have tend to abuse of power. However, in Indonesia problem abuse of power is naked in sight. People have not shame to conduct corrupt and collusion behaviors. In serious condition, these fact is supporting by common people worship that people has success if they are reach certain level in a property or wealthy that have some material things. In an Adnan Buyung Nasution word called material oriented. Material oriented had shaped by history in a long time process. Especially, when Soeharto regime gives priority to development country of Indonesia that based of success in economic growth. Development is success that measured build supra or infrastructure. Consequences are ignoring everything except the development itself.
Now, I think Indonesian especially apparatus of law enforcement is not material oriented but material motivated. Material motivated means that people will do something if they get pay concerning with certain behaviors that they have done. On the contrary, they – apparatus of law enforcement – will not conduct that command of law. They did not obey the law but submit the money order. Submit to the money holder like a cow that skewer the nose, and will be easy brought to the situation that the money holder will.
These motivated will blind their sight, and then they get so easy to act abuse of power. Power arise a kind of authority which it can do anything in scope of certain authority. Authority that gives by law to keep order in the community that means must serve interest of the whole people. Under the protection that guaranteed by the authority can ‘help’ other people required. They will give priority to the people that had paid as bribery, and from here present kind of injustices. Why is called injustice? Because if they have treated other people in equal manner that I think, that injustice will not arise up, but the fact is employ abuse of power happen when they was discriminated people with same problems.
If we were facing the condition, what kind problem solving will be offer? First, increase role a watchdog institution. Second, enforce rule of the game to the breach the law especially people who was became a leader. The aim is make deterrent effect on level under the leader, because they will think that the leader can be punish even less officer under level. Third, political will as a strong will to serve the common people and decrease stand of side the wealthy or abundances people.
Nation named Indonesia must struggle to decrease abuse of power in a term of corruption and collusion. Indonesia is in fourth among the Asian countries that have level of corruption. We must be immediately restore our way of life that praise materialism had effect to way of thinking is can solve everything if we paid plenty of money and everything gone be alright. Save our Indonesia.
 This title inspired by Roscoe Pound that Law as a tool of social engineering. Negation with these statements, certain phenomenon in Indonesia law society is not sustaining law as an ideal work.
 In similar case, looks Endin Wahyudin that reports the judges have enjoy some money but make different decisions is not match with early agreement.