South Jakarta District Court has reached verdict and sentenced defendants of Brigadier Joshua murder case a few days ago. Various opinions circulate in society regarding the verdict, some of them think that the verdict is appropriate and justifies the felony. This verdict is also believed to be able to grow people’s trust of the nation’s law enforcement.
Lecturer of the Faculty of Law Untar Dr. Hery Firmansyah, S.H., M.Hum., MPA considers pro and cons that circulate in society are normal. According to Hery, the panel of judges have given sufficient chance for all parties to present their evidences and examined all facts thoroughly, and reached the verdict in accordance to the constitutional law, objectively and impartially.
He added, that the judge must reach the verdict based on UU No. 48 Year 2009 regarding Judge’s Authority, in Article 5 it is stated that the judge and constitutional judge must consider the value of law and order in society, and the verdict has covered everything stated in the court of trial.
“In order to reach justice, the judge must has taken into consideration the two two evidences he examined, that assured him to reach the verdict,” explained this Doctor of Law from Untar.
Hery Firmansyah says that there are things that can be learned from this case, for both academicians and practitioners. For academicians, it is important to master material and formal laws, as the basic skills needed to be a graduate of the faculty of law, in order to work professionally and able to uphold the law with honor.
Meanwhile, for law practitioners, this case acts as a lesson to examine cases fairly and impartially, especially in cases that involved high profile individuals, in order to maintain people’s trust in law and order.
He believes that there is a negative perception that sticks in society, that the law is unequal to low-profile people. This can be avoided with true law enforcement.
“The law must be firm, including to an official that does not care with the responsibilty held,” he said.
Regarding cases that involved law enforcement officers recently, this law expert states that the officers have to understand that they act as a public servant that serves and protects the society. Every duty must be conducted in accordance to SOP, so that the work becomes an accountable system.
To avoid similar cases, he suggests a well and constitutionally based control to governmental act by society is needed, in order to uphold law and order.
“The nation must ensure the rights and obligations of law is equal. This includes providing equal and proportional law protection internationally,” said Hery. (YS/AW)
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