Pertemuan 15 - Pendidikan Kewarganegaraan - Dr. Yusuf Setyadi, SStMk., S.H.,M.M., M.Hum

Summary

This lecture on Citizenship Education explores the concept of law enforcement in Indonesia, emphasizing the importance of justice and legal certainty in society. The speaker delves into various aspects such as the need for fair law enforcement, historical, sociological, and political influences on legal practices, and the role of different legal institutions. Discussions include the challenges of corruption, social conflicts, human rights violations, and inequality in law enforcement. Ultimately, the lecture stresses the vital role of legal institutions and their adherence to the law in ensuring a fair and just society in Indonesia.

Takeaways

• 😀 The importance of understanding the rule of law and its enforcement is highlighted as a central aspect of civic education in Indonesia.
• 😀 A just legal system is essential to prevent chaos, maintain order, and ensure social stability in a society.
• 😀 The theory of 'state law' emphasizes that a nation must be governed by law, not by the mere power of the state.
• 😀 The goals of a state, including protecting citizens, ensuring welfare, and promoting justice, are based on the law and contribute to a well-functioning society.
• 😀 Indonesia is recognized as a 'state of law,' and its constitution outlines clear objectives, including social justice and public order.
• 😀 The function of the judiciary in Indonesia is to uphold justice by ensuring legal certainty and providing a mechanism for dispute resolution.
• 😀 The legal system in Indonesia includes various types of courts, such as general courts, military courts, and administrative courts, each with specific functions.
• 😀 Challenges in Indonesia's legal system include corruption, social violence, human rights violations, and legal injustices that remain unresolved.
• 😀 Public confidence in the legal system is challenged by issues like selective enforcement, corruption, and inequality in law enforcement.
• 😀 Legal institutions like the police, prosecutor's office, and judiciary play critical roles in maintaining law and order, but they must operate impartially and justly to uphold public trust.

Q & A

What is the primary focus of session 15 in the course on Civic Education?

Session 15 focuses on the perspective of law enforcement based on justice, discussing the concept of fair law enforcement, its urgency, historical, sociological, and political sources, as well as the institutions involved in law enforcement in Indonesia.

Why is law enforcement important in a country?

Law enforcement is essential to maintain order and prevent chaos. Without law, society could become unstable, with crimes increasing and a lack of regulation, leading to societal disorder.

What does Thomas Hobbes' quote 'homo homini lupus' imply in the context of law enforcement?

Hobbes' quote, 'homo homini lupus', suggests that humans, by nature, can be hostile towards one another due to differing desires. This highlights the need for laws to maintain peace and order in society.

How is Indonesia classified in terms of law?

Indonesia is classified as a 'legal state,' meaning that the government and its citizens' actions are based on laws rather than pure power. The country operates under the rule of law.

What are the main objectives of law enforcement in a state?

The main objectives of law enforcement in a state are to ensure order, protect human rights, maintain societal peace, and foster the welfare of its citizens.

What does the Indonesian Constitution state about the state's obligations?

The Indonesian Constitution outlines that the state must protect all its citizens, promote general welfare, educate the nation, and maintain international peace, with justice as a guiding principle.

What are the challenges faced by Indonesia in law enforcement?

Indonesia faces challenges such as corruption among public officials, social conflicts, violations of human rights, weak enforcement of law, and a lack of consistent legal actions that meet the public's sense of justice.

What are the main functions of the state, according to general state theory?

The main functions of the state include maintaining security and order, ensuring welfare and prosperity for the citizens, defending the nation, and upholding justice.

How does the judiciary system work in Indonesia?

Indonesia has a judiciary system composed of several courts, including the Supreme Court, the Constitutional Court, and the Judicial Commission. Courts handle various matters like criminal cases, administrative issues, and constitutional matters.

Why is law enforcement in Indonesia considered weak by some citizens?

Some citizens perceive law enforcement as weak due to inconsistent application of justice, cases of impunity for the powerful, and ongoing social inequalities, which result in a lack of trust in legal institutions.