Freedom and law

By Novizal Kristianto

Law and freedom in Indonesia are not in the same path. Freedom is actually gained in 1998 when the Soeharto regime ended. It is a new era of freedom but it is also a downgrade of law and order.

The Freedom

People can speak freely on how and what issues shall be dealt to make this country better. There are many issues that people think can give order in this country, there are also many issues that people think can raise up the economy of this country. They said that the country shall be based on law. We shall follow the laws despite of any level of authorities or power. They also said that we shall open our investment opportunity, give a tax reduce and provide a security to the investor to increase our economy.

However, what ever the action of the government, people understand that corruption is the highest “criminal” actions which have been practiced for years or decades which lead to the economic crisis and chaos in 1997.

Hence, what law that we got for this “corruption” issues and how’s the practice in general?

The Law

We do have, about six laws related to the corruption, i.e.:
1. Law 3 of 1771 concerning The Eradication of Criminal Acts of Corruption;
2. Law No 28 of 1999 concerning The Clean and Free from Corruption, Collusion and Nepotism of Government Operation;
3. Law No 31 of 1999 on The Eradication of Criminal Acts of Corruption;
4. Law No 20 of 2001 on Changes in Law No 31 of 1999;
5. Law No 30 of 2002 on Corruption Eradication Commission; and
6. Law No 15 of 2002 on Money Laundering.
Sufficient for a country has just released from a “fully corrupt government” of the old regime of New Order.

Although the government has established the Corruption Eradication Commission, but the Commission is almost cannot perform their vision and mission since their authorities are limited and they should also cooperate with other relevant authorities to do their work. This limitation is to prevent the “overpower” of the Commission it self, it is also related to the control of the Commission to their members. However, what is the point of setting up this Commission?

The courts are the right place to become the indicator of the implementation of those laws. In some “small” cases, the corruption laws are well implemented, while in most cases (event several important cases) the implementation of corruption laws are most likely interfered by other powers.
The most ridiculous happen recently is the district attorney filed a request to the judges to stop the corruption proceeding. This action has raised many objections from the people, government officials or the law practitioners. The action not only offends the people but it is also not having legal basis. It is a great sadness in our legal history that the district attorney, who always dealing with laws, conducted such action.

Others stories may come up with a worst or better story, but we should say it is normal history for a country who struggle to become a better country. Other countries who proudly state that they have a well establish government and very keen and concern to the corruption also having these situations on their passed journey, don’t they?