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The Problem of Injustice as One of the Enveloping Social Problems Law Enforcement Process in Indonesia.

19 Desember 2022   18:30 Diperbarui: 20 Desember 2022   06:45 421
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Legal discrepancy is a situation where there is a discrepancy and imbalance in demands, sentences or legal decisions given in the community. This means that there is a gap or an unequal legal decision between one community and another. Unfortunately, injustice and legal gaps are commonplace in Indonesia. Indonesia as a rule of law and upholding the law is like a mere slogan without any concrete evidence of its implementation. In practice, the function of law as a means of social control is misused by various parties for their own interests.

Law enforcement in this country is like a parable of a law that is sharp up and blunt down. In other words, the law seems to only apply to lower-class people, while for high-class people, the law is like goods that can be freely and arbitrarily traded.

Of course, the public still remembers the case of grandmother Asyani, a 63-year-old woman who was found guilty and sentenced to one year in prison and a fine of IDR 500 million, a subsidiary of one day in prison, because she was deemed to have stolen teak logs. While there are many other cases that clearly have bigger losses, but there is no clear handling, such as cases of high-class businessmen who are involved in illegal logging or illegal logging, it is as if they are protected by the state and can easily escape law enforcement.

The background of this growing legal gap in this country is various things, such as the weakening of the practice of Pancasila values in society, especially the 5th precept, namely social justice for all Indonesian people. That all people should, regardless of their ethnicity, race or religion, have the right to receive fair treatment in various aspects, including legal, economic, political and so on. Various types of discriminatory and unfair treatment that has occurred in this country have indirectly damaged Pancasila and human rights as citizens. Then, another factor causing legal discrepancies is the decline in morals and morals of Indonesian law enforcers. This is also related to the weakening of Pancasila values by these elements of society, thus causing many frauds, KKN, and other violations of the law. The level of office, the practice of nepotism, inequality and overlapping articles, the presence of intervention from the authorities, public distrust, and low public awareness of the law are also factors behind injustice and legal gaps in this country.

Prolonged injustice and legal gaps will actually create many new problems and issues. Legal inequality can be said to be a social problem if the impact has been felt by many people, has violated or there is a discrepancy with the values or norms adopted by a certain group of people, has caused division, conflict or disintegration within the group, or has caused unhappiness and anxiety for other individuals. in Group. If social processes and social symptoms only have negative impacts and influences on society, then these social phenomena and social processes can turn into social problems (Masrizal, Sugihen, & Hasanuddin, 2015).

The problem of injustice and legal discrepancies can be studied through the perspective of legal sociology. According to (Utsman, 2013), the sociology of law is a perspective or knowledge that can provide the ability to view and identify activities in a legal society through mastery of the basic concepts of sociology (both micro, meso, or legal macrosociology), providing a basis for -Basic ability for the process of understanding sociologically regarding social legal facts that multiply in society, and also being able to provide knowledge about social legal changes.

In the perspective of the sociology of law, the material and legal substance is not a concern. Interactions and social relations in the enforcement process and the results of legal decisions which will later have social impacts and affect the application of applicable law are the focus of this perspective study (Biroli, 2015).

Then, what kind of efforts can be made in dealing with injustice and legal gaps that have been protracted in this country? One of them is through strengthening the morals and values of Pancasila to instill public awareness and understanding of the importance of the substance of each of the precepts which are at the foundation of the Indonesian state. If all parties are aware of the importance of upholding the values of justice, law and humanity in society, the law in this country will certainly be able to operate effectively.

Other efforts that can be made, namely by strengthening democratic values and taking firm action from the government on all violations of law, so that people can express all their aspirations and opinions regarding law enforcement in Indonesia freely without any fear of being prosecuted or attacked by other parties. certain party.


  Thomas Jefferson, one of the founding fathers of the United States once said,

"When injustice becomes a law, resistance becomes a duty."

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