LAWS NEGOTIATION

Indonesia is a law nation; as a law nation, Indonesia has its own rule which construct it as a nation. Maybe rule is just something texted on the paper, we can read it and forget it; but the texted rule not just something textual, it has a power and has very important role in a nation. The purpose of rule made in every nation, no exception in Indonesia is for saving the safety and peacefulness between citizens in the nation, between citizens and their environment, and between nations. It can be implemented only if we obedient and follow the rules as well as it have to be. In the book of rule, in Indonesia we call it by Undang-Undang had been texted all the rules that ruled all the Indonesian. Everyone obligated to obey the rule, whether if he poor man or reach man, whether if he has a high authority in the nation or just a council; and if they break the law, they will get the punishment, the punishment can form as prison punishment or just pay a fine. Generalization of the treatment in front of the law also had been properly arranged in Undang-Undang, as texted in UU section 28D, first subsection, that Everyone entitled to get admission, assurance, protection, and the fair rule of law with the same treatment in front of the law. However, if we see the situation nowadays, many cases that involve the high authorities through pull and push and suddenly disappear from the surface change by the hot news. For the example, Century Bank case; until this day the case unfinished and instead forgotten. When the law enforcer face the corrupt case like this, law seems very slow and very complicated, too many investigation and too many research. Surprisingly, when the law enforcers face terrorist cases they can take steps very fast; the people that dress up like a terrorist, who suspected as a real terrorist brought to the police office to set an investigation and if they believe that the people was a terrorist they will give the prison punishment. Actually both of them are not right, law have to pass the given process. But why it can be happen? What is the factor? Is there the negotiation between the high authorities with law enforcer? Is the negotiation at the law section dangerously? Too many question, but we have to know that negotiation also had been being texted at the book of rule, off course that is the safe negotiation and doesnt have any damage. But the negotiation that had been going today was out of the rule and caused many problems; the unheard demo filling the air everywhere, said that they didnt satisfied with the act toke by the government. This thing if happen continuously can make the council take down their confidence invested to the government. What will happen to the nation if theres no the
Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011 Tuesday, 15 May, 2012 1|Page

confidence between the government and its citizen? The nation will break down because its own act; and that just the effect of one act, laws negotiation, the simple thing but can break a nation. Practice of laws negotiation as an attacker had been going very well in our nation, Indonesia, start from the stealth action until the undisguised action. This negotiation takes many forms. Here, I will explain three of them. First form is the settlement as family; this form invoked the victims and the evil man. Maybe we often hear there are many cases that feel very hard to be forgiven and hard punishment very suitable for the evil doer disappear at a short time. Settlement as family always been the mask for this case, but do you ever think that there was some negotiation behind those all? Let make some illustration, in a place there was a rich man, the owner of the biggest meatball factory in his town, named Ricky and a poor man, a meatball seller that take from Rickys factory, named Odin. One day Ricky came to the village with his luxurious car with high velocity, when there was a girl cross the street he have no opportunity to slow down his velocity; the car rush against that girl. Ricky was scared; he ran away and tried to make himself believe that there was nothing happen. The villagers who saw the accident directly help the girl who was Odins daughter and remember the police number of the car. Odin was known by the villagers about the accident, the villagers told him that she had been brought to the hospital and they give the police number of the car that had crash her. Odins wife asked to go to the hospital, while Odin finished his business to the police office. The police suggest him to bring the lawsuit to the court; the news came to Rickys ear. Ricky never likes to do a business with the police, and then he planned to do everything that can make him far from the fucking police. He searched who was his victims and search how the family condition, he found that in fact her father, Odin was one of his employer, Ricky was very happy. He came to Odins house and told him that he was the owner of the factory that stock meatball for him, he asked Odin to take off his demand and he will pay a half of hospitals payment or he would pay nothing and Odin would not receive the meatball stock again. Odin speechless at that time, at a side he couldnt receive what Ricky had done but at the other side he didnt want loss his work. After she discussed it with his wife they reached an agreement, it was impossible for them to pay the hospitals payment fully and they did not want loss the job that made him and his family keep life until now. Then they agree with the first that provide by Ricky. After awhile Odin go to the police office and

Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011

Tuesday, 15 May, 2012 2|Page

said to the police man that they have solved their problem by the settlement as family; he unplugged the demand and the case would not take to the court. The police could not do anything because they cant fix a problem when the victims not regard that as a problem. Second is asking to be city prisoner or home prisoner; it happen between the evil man and law enforcers. For the example, we can talk about Wa Ode, the defendant of the corruption case at the Percepatan Pembangunan Infrastruktur Daerah (PPID) project. She has to get imprisonment, but she asked to be remand home or city with a reason that she had a child under five years old. Logically, it was very ridiculous; if she still thinking about her child, why she do law infringement that allow her to get a punishment which will separate her with her child. She has to think before she did. From the article that made by Doddy Rosadi, known that her lawyer used this statement, Refers to UU, was ruled in KUHAP that kind of prisoners are country prisoner, city prisoner, and home prisoner. These three kinds are the authority of investigators to choose what they will give. We purpose this because humanity opinion. Actually, the city prisoner and home prisoner purposed as a solution for the people expect had do the wrong thing and he was at the waiting time to call for the court session then the defendant could not escape; not for the other purpose. Another form; the big phenomenon in our nation is a luxurious prison. The prisoner gets the completeness of facility in the prison. They did not get standard facility as the other prisoner. They get better facility, or we can categorize it as something luxurious for prisoner. This case was very luster happen in Indonesia. One case that very famous is the Artalitha case, the story about her luxurious prison that more luxurious than a hotels room. When councils know that, off course they very hot and angry, they cant receive it and make a demo that caused many damages and turbulence. Finally, after observation known that have been the negotiation between Artalitha and the police that was picket there. Artalitha disposed to pay to the policeman then she got what she wanted. Deviation of laws negotiation which was happen is motivated by many factors. To make it easy, we can separate into two kinds, the external factors and internal factors. The external factors of this deviation are social discrepancy and pressure. Rich people think that they can buy everything they need, without the exception for the law. This thing supported by competent authorities that corruptible. Rich people have money and

Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011

Tuesday, 15 May, 2012 3|Page

competent authorities need money; finally the negotiation happens. For the pressure factor, it can be the higher authority pressure or colleague pressure. This factor refers to the example at the first from; a situation when someone cant against the higher autho rity, because if he does that, the other thing will be situated in danger. Actors which come from law breaker itself, or we can call it by the internal factors are like low self awareness and low dedication concern to the nation; those all made Indonesian have low nationalism, so they have low spirit to make law stand on strongly too. The appearance of this laws negotiation which out of the rule born many effects that rise up happiness of a few citizen and damage the happiness of whole citizens. In fact, infraction like this is an act that very unfair for the prisoner who has to get the same punishment. In a side, those who have the ability to make a negotiation with the competent authorities by charge of their money, have luxurious facilities as they get in their own house. In the other side, the prisoner who comes from the standard circle get standard facility; may even exist that some people who comes from the low circle get the bad facilities full with the torture. This fact signed that the law enforcers also cannot follow the rule; they do just for their profit, and it appears an indication that money was be the power in this nation. But actually the thing who has to be the power in a laws nation that has laws foundation is just the law. To make the law as a strong power in a nation, we have to disappear every kind of negotiation that out of the rule; because negotiation is the simple thing but can bear a big thing. Dont until we make the rule that be here to be keeper of harmony in a nation instead became the armor that demolished the nation. Of course we do not want our nation demolish itself by a simple thing like this, so to avoid from the bad thing above we have to take some action. The first step we can begin from ourselves, we have to be aware with our role in building a law. Without the awareness, the law that has been made will be like a scrambles thing. This awareness have to be planted in everyone heart since they a kid, so the peoples role around also been a big influence to build that character. Other thing that very important to build a good law is the law enforcer. They have to have a strong commitment, no negotiation in the law except what was wrote on the rule, even for the people that come from the high circle, standard circle, or the low circle. The firmness in a law can build the power of nation from the inside; because the citizen will follow the rule and the peacefulness and safety will be created by itself.
Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011 Tuesday, 15 May, 2012 4|Page

And now come back to situation nowadays, where the badness has been being organized very well, while the goodness felt so disorder, no arrangement and management. Its cause because many smart and creative people jump to the badness too and swim nice fully there. They have a good skill at the organizing and managing that manage and organize the way to get their purpose; they have a good skill at communicating and masking for hiding the fault that they made. They smart and creative, but didnt have a good moral. So... If we love this nation, if we want to improve our nation to be better and better, we can build it up from our self first; be the smart, creative, and morality people; plan in our heart the nationalism feeling to do not demolish our place to live and get love with the bad moral that unconsciously can demolish the whole of our nation.

Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011

Tuesday, 15 May, 2012 5|Page

Author: 16811181-Nida Daniyatul Muhdirah TPB FSRD ITB 2011

Tuesday, 15 May, 2012 6|Page