Law Enforcement in Indonesia: A Review from Legal Apparatus Roles

Abstract

Nowadays, the main problems of law enforcement encountered by law upholders in Indonesia seem very complex and varied. They should not be seen and resolved partially. They should be understood, scrutinized and resolved in a comprehensive manner. Enforcing the law is not just implementing the "dead" letters, sentences, or clauses in the legislation as positive laws. Positive laws have deficiencies or vacuums, because the nature of positive laws is not able to keep pace with the dynamic developments of society; even, they are left behind the problems arising in it. Legal vacuums can be filled by judges, so judges in this case turn to be legislators. Law upholders are expected by justice seekers to refrain from discriminatory actions as they will lead to the occurrence of injustice. Discriminatory behaviors occur when there are legal treatments that are more or very legal (more law) on one party and less or not legal (less law) on the other party of the same capacity or position.

Keywords: Criminal Justice System, Law Enforcement, Law Upholders