OCCUIT LAW, A PHENOMENON IN THE JUSTICE PRACTICAL
N INDONESIA
BY: H. SANTHOS WACHJOE Prijambodo, SH.MH
A. Introduction
Indonesian society increasingly understand the law, it is a fact that is undeniable and be a good sign for the efforts of law enforcement in Indonesia. Yet another thing to consider is the public more aware of the law is not directly proportional with legal violations. Should its legal awareness level increases automatically the legal violations will be reduced, so that law enforcement efforts are still facing increasing challenges.
Against the foregoing to overcome would require a thorough enforcement process that starts from the study of a criminal offense report, which followed the investigation of a crime, the prosecution, the trial process, the court decision and the execution of the court's decision. When an offense is proven in court, the consequence is that the offender will be punished in the form of punishment, which of course will increase the number of occupants "hotel without cost" or Penitentiary (Prison).
There is one thing that often happens when legal proceedings on a case, both criminal cases and civil are the efforts done by the parties to use in ways beyond human reason, by using means heresy, which of course is adjacent to the ways of shamanism. This is done with the aim of cases involving perpetrators of these occult or family and / or colleagues can be won or that a defendant is not used as a convict. One thing that is sad but it is plural occurs (primarily) the proceedings in Indonesia.
B. Problems
That of the description as mentioned above, it would emerge a permaslahan, namely "How to efforts to eliminate the practice of the occult in the trial process in Indonesia?";
C. Discussion
To law enforcement efforts, .ali Mansyur, in his VARIOUS LEGAL ISSUES (Issue Agreement, and Pembaharuaan Consumer Law), states that "In a State of Law, the rule of LAW should obtain the proper place, the function of law in material sense which seeks to provide protection to people with memperlaakukan every citizen the right to work and a decent living for humanity and provide top notch law for everyone. "
Particularly regarding law enforcement in court, based on Article 183 of Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code) which states, "The judge must not convict someone unless at least two items of evidence he obtained a legitimate belief that a crime actually occurred and that the defendant is guilty of doing it ". In the explanation of Article 183 of the Criminal Procedure Code only mentions "This provision is to ensure the upholding of truth, justice and legal certainty for someone". Therefore we need the precision of the Judges on trial, resulting in court will get the legal facts that actually happened to prove guilt or absence of someone who has been alleged to have committed a crime.
It should be understood that the law is a system of the most important in the implementation of a series of institutional power. The law will become meaningless if human behavior is influenced by the law and if the public is to use the law to obey his behavior. The law itself is divided into several areas, namely criminal law or public law, civil law or personal law, and procedural law, constitutional law the State, the law of State administration or administrative law state, international law, customary law, Islamic law, agrarian law, business law, and environmental law. Of these laws each have the same goal, which is aimed at ensuring legal certainty in the community and the law must also be based on justice, the principles of justice from the public.
As mandated in the Constitution of the Republic of Indonesia, Amendment fourth in Article 27 paragraph (1) which states that "Every citizen is equal before the law and the government obliged to uphold the law and the government without any exception", it is already on where if the state treats every citizen is equal before the law. So tdak cause behaviors that discriminate based on any reason in law enforcement efforts.
Until now still often the case, the implementation of law enforcement that wounded sense of justice. This is not only because of the behavior of law enforcement officials, but also because of public ignorance of the rules were infringed upon. Law enforcement in Indonesia is still very unfair, because they look at the background and the position of a person. Law only favor those who have power, while those who do not have power, they are still oppressed.
When a person has to deal with the law either as a suspect / defendant or as a witness the victim, it would be faced with difficulties in the procedures in the law enforcement process. Especially at this time is still quite a lot of people without legal literacy and reluctant to come into contact with the law given so complicated and convoluted process of law enforcement, not to mention there are law enforcement officers who still like "flirting" for personal gain.
Someone who must deal with the law will want to get justice, especially for people becoming victims of crime. Although it should be understood that there are multiple interpretations of the meaning of justice, which is not the same between one's understanding with others. Often, because of ignorance and also a trust factor that is very thick, causing someone aakan ask for help from others who understand the occult world to help during the legal process and the people who asked for such assistance help in the form of actions that are considered beyond common sense and approached the practice of shamanism.
C1. meaning occult
In Big Indonesian Dictionary (KBBI) is a heresy is a shamanic activities (treatment, etc.) in ways that are very confidential and does not make sense, but it is believed by many. Another opinion explains the occult which explains that the universe consists of two worlds, the real world and the world is not real, where the real world is a world that can be seen with the senses of sight immediately, while the world is not real is a world that can not be seen directly using the senses direct visualization, the world is not real is often called the world of supernatural, occult, shamanism and the real world is part of the universe that is inhabited by humans, animals and plants, in fact there are more living creatures that live in it, namely water, air, earth, and fire but four natural elements of this science is not recognized as living beings because they do not grow and move, and for the spiritual world of Java and China, the four elements of life are forming the basis of life in the universe, a part of every living creature.
Occultism is the knowledge that explains things unseen about the things that are hidden, and is an area of mystery and one science or knowledge that no region of the occult is a religion, because many things in religion that is not verifiable (verified) since the truth can only be understood by those who take science makrifat therefore for lay people religious truths believed enough, this occult name! But make no mistake received, this does not mean religion mislead people, not the case because the things that are occult was intended for human well-being, and not to push people into a dark world.
Occult is closely linked with mysticism that comes from the Greek Meyein, which means "close your eyes" and the mystical typically used to describe things that are related to knowledge of the mystery, in the broad sense, mysticism can be defined as awareness of the single fact, which may called wisdom, light, love or nil [2]. Mysticism (mysticism) in a language is a combination of the word mystique (mystic) with a particle isms that states understand (doctrine), that mysticism has a meaning understood (teachings) of the mystic, whereas the word mystical is a combination of the word mystic with a particle is stating the nature, so misitis have a mystical meaning.
William James describes the condition of mysticism. According to him, the condition is marked by four characteristics:
1. Ineffability (not disclosed), is a condition that is impossible to be described or described, the condition is a feeling (state of feeling) that is difficult for others to detail as precisely as any words;
2. Neotic, which is a condition for the perpetrators of understanding because it is a condition of knowledge. In these conditions revealed the nature of reality is for him an inspiration and not a demonstrative knowledge;
3. Transiency, which is a condition that quickly vanished. In other words, she did not stay long at the saint or mystic, but he raises his impressions were very strong in the memory;
4. passivity, which is a passive condition
Of the four characteristics that James presented above can be made amplifier that mysticism is different from the so-called occult and gugon tuhon. Instead mystic an act or acts that sublime, full of beauty, based on the encouragement of noble character or noble character. Will be full of mystical spiritual experiences. Namely experiences form a smooth, synchronization occurs between logic ratio with the "logic" of the mind. Perpetrators can understand the mystique noumena or being beyond oneself (unseen) as the fact that logical or reasonable. For intellect has got the information in a coherent, well understand the formulas that occur in the supernatural.
In the process of law enforcement, often found people caught in legal problems, use the services of a shaman or people who know about the problem occult to help liberate itself from the shackles of law. The discovery of all forms of offerings both began an investigation until the trial process and not a strange thing. Their offerings are proving that a person is caught in the power of law over which the mystical supernatural or the occult.
In practice trust activities or occult mysticism, there are four kinds of groups about the relationship between humans and the supernatural and the occult world, namely:
1. First group: It is they who do not believe at all to the world of the unseen, things heresy, and as well not believe in genies. This group consists of people who are very laud worshipers sense and logic. They call themselves as people who are thinking rationally. Or, perhaps more accurate to say the ratio minded. Those who fall into this group always assess all the problems and observe all phenomena are simply based on the logic of an sich. Few there are who do not make sense, they immediately rejected. However, usually people of this sort will turn one hundred eighty degrees when hit the stone. In the sense of the word, once among them there are experienced themselves this event, or view directly with his eyes, surely he would be the one who would believe in the things that smelled occult, mystical, and the like. Because he had already hit the stone;
2. The second group: it is they who too believe things like this. Anyone can get into this group. Either that, officials, artists, artists, intellectuals, or even a chaplain and clerics though. Since the country is already too deeply plunged into the abyss of charlatanry, mysticism and idolatry. So that people who are known as the clever and public figures was sometimes still believe in the occult and mysticism. These sort of people they are, always ngaitkan associate a problem or incident with things that heresy in various lattice life. It is as if no heretic-ria, their lives become afdhal. In fact, it is not uncommon to do anything or take any important decision, they waited wangsit or dream first. And, such a phenomenon is the most widely is all around us;
3. The third group: Almost the same as before, but this group is much worse. Because they are the ones who have been enslaved by the occult. They are shamans, witches, witchcraft artisan, 'smart people', paranormal, and the one species with them. Indeed, they are the slaves of demons and jinn. They are aware or not, admitted or not, has entered into certain agreements with the genie to do things that are desired by the master jin. In return, they get excess and power linuwih above the average human. The shape of all sorts. There are experts in the field of medicine. There are experts witchcraft. There are good at fortune telling. There are open matchmaking. And the most is that the champion hokey! Members of this group, the shaman and his gang, have contributed enormously in keterpurukun aggravate this nation into the abyss of charlatanry and all things mystical flavorful. It is they who contribute to add stupidity nation already stupid. Their victims diverse. Of which he is smart, up to a really stupid. Of the political elite, to the person who really does not understand politics. Of those who are experts acting in soap operas, to people who did not know what it was soap. And finally, the nations have become a nation of heresy that forever will never advance (if kept heretic-ria);
4. The fourth group: It is the Muslims who believe in the things unseen extent informed by Allah Subhanahu wa Ta'ala in His Book and the Prophet sallallaahu alaihi wa sallam in his Sunnah.
The main task of the judge is to hear a case and make a decision based on the ALMIGHTY GOD, which is poured in irah-irah / head verdict. It has the objective that every judge should be someone who believes in God Almighty, who is Supreme unseen and to remind us that all the Judge's decision will be accountable before God Most Just, remember justice is something that is relative in the sense of justice perceived by someone is not necessarily the same as justice is perceived by others.
In connection with the sense of justice by Frans Magnis Suseno who said his opinion about the notion of justice is a human circumstances are treated equally in accordance with the rights and obligations of each. Definition of justice according Notonegoro who argue that justice is a condition said to be fair if it complies with applicable laws and regulations. Definition of justice according to Thomas Hubbes saying that the notion of justice is fair if the deed is said to have been based on an agreed arrangement. Plato's notion of justice which states that the definition of justice is beyond the ability of ordinary human beings where justice can only exist in the laws and regulations made by the experts that particular thought about it. Definition of justice according W.J.S Poerwadarminto saying that the notion of justice is not biased, should not be arbitrary. Definition of justice by definition Imam Al-Khasim is taking the rights of the person obliged to give it and give it to those who deserve it.
Another opinion says, justice is morally ideal conditions truth about something, either in relation to objects or people. According to most theories, justice has a great interest rate. John Rawls, the philosopher United States is considered one of the political philosophers of the leading 20th century, states that "Justice is the excess (virtue) first of social institutions, as well as the truth of systems of thought" But, according to most theories, too, justice has not again reached : "We do not live in a just world." Most people believe that the injustice must be confronted and punished, and many social and political movements around the world who are fighting for justice. However, the large number and variety theory of justice gives the idea that it is not clear what is required of justice and the reality of injustice, because the definition of what justice is itself unclear. justice boils down to is putting everything in place.
While Aristotle says, that there are five types of conduct are classified as fair. Five types of justice put forward by Aristotle are as follows:
• Commutative justice, namely commutative justice is a treatment to someone with no view services have been provided.
• Distributive Justice, namely Distributive justice is a treatment against a person in accordance with the services rendered.
• Nature of Natural Justice, namely the nature of natural justice is to give something in accordance with what is given by others to our own.
• Conventional Justice, which is the conventional justice is a condition whereby if a citizen has to obey all laws and regulations that have been issued.
• Improvement of Justice, the Justice improvement is if someone has been trying to restore the good name of someone who has been contaminated.
BY: H. SANTHOS WACHJOE Prijambodo, SH.MH
A. Introduction
Indonesian society increasingly understand the law, it is a fact that is undeniable and be a good sign for the efforts of law enforcement in Indonesia. Yet another thing to consider is the public more aware of the law is not directly proportional with legal violations. Should its legal awareness level increases automatically the legal violations will be reduced, so that law enforcement efforts are still facing increasing challenges.
Against the foregoing to overcome would require a thorough enforcement process that starts from the study of a criminal offense report, which followed the investigation of a crime, the prosecution, the trial process, the court decision and the execution of the court's decision. When an offense is proven in court, the consequence is that the offender will be punished in the form of punishment, which of course will increase the number of occupants "hotel without cost" or Penitentiary (Prison).
There is one thing that often happens when legal proceedings on a case, both criminal cases and civil are the efforts done by the parties to use in ways beyond human reason, by using means heresy, which of course is adjacent to the ways of shamanism. This is done with the aim of cases involving perpetrators of these occult or family and / or colleagues can be won or that a defendant is not used as a convict. One thing that is sad but it is plural occurs (primarily) the proceedings in Indonesia.
B. Problems
That of the description as mentioned above, it would emerge a permaslahan, namely "How to efforts to eliminate the practice of the occult in the trial process in Indonesia?";
C. Discussion
To law enforcement efforts, .ali Mansyur, in his VARIOUS LEGAL ISSUES (Issue Agreement, and Pembaharuaan Consumer Law), states that "In a State of Law, the rule of LAW should obtain the proper place, the function of law in material sense which seeks to provide protection to people with memperlaakukan every citizen the right to work and a decent living for humanity and provide top notch law for everyone. "
Particularly regarding law enforcement in court, based on Article 183 of Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code) which states, "The judge must not convict someone unless at least two items of evidence he obtained a legitimate belief that a crime actually occurred and that the defendant is guilty of doing it ". In the explanation of Article 183 of the Criminal Procedure Code only mentions "This provision is to ensure the upholding of truth, justice and legal certainty for someone". Therefore we need the precision of the Judges on trial, resulting in court will get the legal facts that actually happened to prove guilt or absence of someone who has been alleged to have committed a crime.
It should be understood that the law is a system of the most important in the implementation of a series of institutional power. The law will become meaningless if human behavior is influenced by the law and if the public is to use the law to obey his behavior. The law itself is divided into several areas, namely criminal law or public law, civil law or personal law, and procedural law, constitutional law the State, the law of State administration or administrative law state, international law, customary law, Islamic law, agrarian law, business law, and environmental law. Of these laws each have the same goal, which is aimed at ensuring legal certainty in the community and the law must also be based on justice, the principles of justice from the public.
As mandated in the Constitution of the Republic of Indonesia, Amendment fourth in Article 27 paragraph (1) which states that "Every citizen is equal before the law and the government obliged to uphold the law and the government without any exception", it is already on where if the state treats every citizen is equal before the law. So tdak cause behaviors that discriminate based on any reason in law enforcement efforts.
Until now still often the case, the implementation of law enforcement that wounded sense of justice. This is not only because of the behavior of law enforcement officials, but also because of public ignorance of the rules were infringed upon. Law enforcement in Indonesia is still very unfair, because they look at the background and the position of a person. Law only favor those who have power, while those who do not have power, they are still oppressed.
When a person has to deal with the law either as a suspect / defendant or as a witness the victim, it would be faced with difficulties in the procedures in the law enforcement process. Especially at this time is still quite a lot of people without legal literacy and reluctant to come into contact with the law given so complicated and convoluted process of law enforcement, not to mention there are law enforcement officers who still like "flirting" for personal gain.
Someone who must deal with the law will want to get justice, especially for people becoming victims of crime. Although it should be understood that there are multiple interpretations of the meaning of justice, which is not the same between one's understanding with others. Often, because of ignorance and also a trust factor that is very thick, causing someone aakan ask for help from others who understand the occult world to help during the legal process and the people who asked for such assistance help in the form of actions that are considered beyond common sense and approached the practice of shamanism.
C1. meaning occult
In Big Indonesian Dictionary (KBBI) is a heresy is a shamanic activities (treatment, etc.) in ways that are very confidential and does not make sense, but it is believed by many. Another opinion explains the occult which explains that the universe consists of two worlds, the real world and the world is not real, where the real world is a world that can be seen with the senses of sight immediately, while the world is not real is a world that can not be seen directly using the senses direct visualization, the world is not real is often called the world of supernatural, occult, shamanism and the real world is part of the universe that is inhabited by humans, animals and plants, in fact there are more living creatures that live in it, namely water, air, earth, and fire but four natural elements of this science is not recognized as living beings because they do not grow and move, and for the spiritual world of Java and China, the four elements of life are forming the basis of life in the universe, a part of every living creature.
Occultism is the knowledge that explains things unseen about the things that are hidden, and is an area of mystery and one science or knowledge that no region of the occult is a religion, because many things in religion that is not verifiable (verified) since the truth can only be understood by those who take science makrifat therefore for lay people religious truths believed enough, this occult name! But make no mistake received, this does not mean religion mislead people, not the case because the things that are occult was intended for human well-being, and not to push people into a dark world.
Occult is closely linked with mysticism that comes from the Greek Meyein, which means "close your eyes" and the mystical typically used to describe things that are related to knowledge of the mystery, in the broad sense, mysticism can be defined as awareness of the single fact, which may called wisdom, light, love or nil [2]. Mysticism (mysticism) in a language is a combination of the word mystique (mystic) with a particle isms that states understand (doctrine), that mysticism has a meaning understood (teachings) of the mystic, whereas the word mystical is a combination of the word mystic with a particle is stating the nature, so misitis have a mystical meaning.
William James describes the condition of mysticism. According to him, the condition is marked by four characteristics:
1. Ineffability (not disclosed), is a condition that is impossible to be described or described, the condition is a feeling (state of feeling) that is difficult for others to detail as precisely as any words;
2. Neotic, which is a condition for the perpetrators of understanding because it is a condition of knowledge. In these conditions revealed the nature of reality is for him an inspiration and not a demonstrative knowledge;
3. Transiency, which is a condition that quickly vanished. In other words, she did not stay long at the saint or mystic, but he raises his impressions were very strong in the memory;
4. passivity, which is a passive condition
Of the four characteristics that James presented above can be made amplifier that mysticism is different from the so-called occult and gugon tuhon. Instead mystic an act or acts that sublime, full of beauty, based on the encouragement of noble character or noble character. Will be full of mystical spiritual experiences. Namely experiences form a smooth, synchronization occurs between logic ratio with the "logic" of the mind. Perpetrators can understand the mystique noumena or being beyond oneself (unseen) as the fact that logical or reasonable. For intellect has got the information in a coherent, well understand the formulas that occur in the supernatural.
In the process of law enforcement, often found people caught in legal problems, use the services of a shaman or people who know about the problem occult to help liberate itself from the shackles of law. The discovery of all forms of offerings both began an investigation until the trial process and not a strange thing. Their offerings are proving that a person is caught in the power of law over which the mystical supernatural or the occult.
In practice trust activities or occult mysticism, there are four kinds of groups about the relationship between humans and the supernatural and the occult world, namely:
1. First group: It is they who do not believe at all to the world of the unseen, things heresy, and as well not believe in genies. This group consists of people who are very laud worshipers sense and logic. They call themselves as people who are thinking rationally. Or, perhaps more accurate to say the ratio minded. Those who fall into this group always assess all the problems and observe all phenomena are simply based on the logic of an sich. Few there are who do not make sense, they immediately rejected. However, usually people of this sort will turn one hundred eighty degrees when hit the stone. In the sense of the word, once among them there are experienced themselves this event, or view directly with his eyes, surely he would be the one who would believe in the things that smelled occult, mystical, and the like. Because he had already hit the stone;
2. The second group: it is they who too believe things like this. Anyone can get into this group. Either that, officials, artists, artists, intellectuals, or even a chaplain and clerics though. Since the country is already too deeply plunged into the abyss of charlatanry, mysticism and idolatry. So that people who are known as the clever and public figures was sometimes still believe in the occult and mysticism. These sort of people they are, always ngaitkan associate a problem or incident with things that heresy in various lattice life. It is as if no heretic-ria, their lives become afdhal. In fact, it is not uncommon to do anything or take any important decision, they waited wangsit or dream first. And, such a phenomenon is the most widely is all around us;
3. The third group: Almost the same as before, but this group is much worse. Because they are the ones who have been enslaved by the occult. They are shamans, witches, witchcraft artisan, 'smart people', paranormal, and the one species with them. Indeed, they are the slaves of demons and jinn. They are aware or not, admitted or not, has entered into certain agreements with the genie to do things that are desired by the master jin. In return, they get excess and power linuwih above the average human. The shape of all sorts. There are experts in the field of medicine. There are experts witchcraft. There are good at fortune telling. There are open matchmaking. And the most is that the champion hokey! Members of this group, the shaman and his gang, have contributed enormously in keterpurukun aggravate this nation into the abyss of charlatanry and all things mystical flavorful. It is they who contribute to add stupidity nation already stupid. Their victims diverse. Of which he is smart, up to a really stupid. Of the political elite, to the person who really does not understand politics. Of those who are experts acting in soap operas, to people who did not know what it was soap. And finally, the nations have become a nation of heresy that forever will never advance (if kept heretic-ria);
4. The fourth group: It is the Muslims who believe in the things unseen extent informed by Allah Subhanahu wa Ta'ala in His Book and the Prophet sallallaahu alaihi wa sallam in his Sunnah.
The main task of the judge is to hear a case and make a decision based on the ALMIGHTY GOD, which is poured in irah-irah / head verdict. It has the objective that every judge should be someone who believes in God Almighty, who is Supreme unseen and to remind us that all the Judge's decision will be accountable before God Most Just, remember justice is something that is relative in the sense of justice perceived by someone is not necessarily the same as justice is perceived by others.
In connection with the sense of justice by Frans Magnis Suseno who said his opinion about the notion of justice is a human circumstances are treated equally in accordance with the rights and obligations of each. Definition of justice according Notonegoro who argue that justice is a condition said to be fair if it complies with applicable laws and regulations. Definition of justice according to Thomas Hubbes saying that the notion of justice is fair if the deed is said to have been based on an agreed arrangement. Plato's notion of justice which states that the definition of justice is beyond the ability of ordinary human beings where justice can only exist in the laws and regulations made by the experts that particular thought about it. Definition of justice according W.J.S Poerwadarminto saying that the notion of justice is not biased, should not be arbitrary. Definition of justice by definition Imam Al-Khasim is taking the rights of the person obliged to give it and give it to those who deserve it.
Another opinion says, justice is morally ideal conditions truth about something, either in relation to objects or people. According to most theories, justice has a great interest rate. John Rawls, the philosopher United States is considered one of the political philosophers of the leading 20th century, states that "Justice is the excess (virtue) first of social institutions, as well as the truth of systems of thought" But, according to most theories, too, justice has not again reached : "We do not live in a just world." Most people believe that the injustice must be confronted and punished, and many social and political movements around the world who are fighting for justice. However, the large number and variety theory of justice gives the idea that it is not clear what is required of justice and the reality of injustice, because the definition of what justice is itself unclear. justice boils down to is putting everything in place.
While Aristotle says, that there are five types of conduct are classified as fair. Five types of justice put forward by Aristotle are as follows:
• Commutative justice, namely commutative justice is a treatment to someone with no view services have been provided.
• Distributive Justice, namely Distributive justice is a treatment against a person in accordance with the services rendered.
• Nature of Natural Justice, namely the nature of natural justice is to give something in accordance with what is given by others to our own.
• Conventional Justice, which is the conventional justice is a condition whereby if a citizen has to obey all laws and regulations that have been issued.
• Improvement of Justice, the Justice improvement is if someone has been trying to restore the good name of someone who has been contaminated.
In Justice
Pancasila, there will be a consequence of the values of justice, which must
be realized in a common life include:
1. Distributive justice: Aristotle argued that justice will be done when things are equally necessary in the same way and things are not the same need not be the same (just ice is done when equelz are treated equally). Justice distributive justice itself is a relationship between the State against its citizens, in the sense of the state which shall satisfy justice in the form of equity share, in the form of welfare, assistance, subsidies and the opportunity to live together based on rights and obligations;
2. Legal Justice (Justice obedient): It is a relationship of justice between the citizens of the state and in this issue the wargalah which shall meet justice in the form of obeying laws and regulations in force in the State. Plato argued that justice and law are the common spiritual substance of the people who make and into unity. In a just society everyone performs according to its nature best suited to him (the man behind the gun). Plato called moral justice, while the other is called legal justice;
3. Cumulative Justice: That is a relationship of justice between the citizens of one another reciprocally. Justice aims to maintain public order and the general welfare. For Aristotle's sense of justice is ases coherence and order in society. All actions are patterned extremes make injustice and would undermine or even menghancurakn ties in the community.
The values of justice must be the basis of which should be realized in a state of living together to realize the goal of the State, namely the welfare of all citizens and protect all its citizens and territory, educate all citizens. Similarly, the values of justice as the basis in the association between the State fellow nations in the world and the principle want to create order to live together in an interaction among nations in the world on the basis of a principle of independence for every nation, lasting peace and justice in life together (social justice).
Of the various terms regarding JUSTICE, then presumably can be drawn a conclusion that justice grow and evolve based on the values that live in the community, so that justice that exist in an area and at a certain time will vary with justice in other communities and in time different. Although g laidemikian, all these opinions have one purpose and that every person has the same rights and obligations, and everyone should respect the rights of others.
Even though a person who made a suspect or defendant, still have the right to be treated humanely, because not all criminal offenses committed by the perpetrator carried out with intent but no crime committed due to negligence or inadvertence by the culprit.
During the law enforcement process, from inquiry, investigation, prosecution, trial and run the executable on the Court decision, a person who becomes the perpetrator remains to get their rights.
C2. Practice During Trial
In essence, the task of the judge in the process of law enforcement are vital and determine the fate of a person or group of people (people) who seeks justice. The judge must always act impartially, in the sense of not favoring the disputing parties and always put himself in the middle of the seekers of justice, it is so that the proceedings are in balance and can produce a decision that actually contains the sense of justice as expected by those seeking justice.
Law enforcement should be consistent so that people understand, where and where NOT LAW LAW. As part of the process of social, enforcement of legal certainty it rests on two (2) main components, namely:
1. The law must be able to provide certainty in orientation to the community. In this case the known certainty; namely Certitudo orientation or Orientierungssicherheit, that people understand, how the behavior expected by others thereof and the response is what they can expect from others it was to the behavior;
2. Certainty in the application of the law by law enforcement, Do not let this happen that once a legal provision is implemented, but other times the same requirements are not implemented. There is a principle which is Securitas or Realisierungssherheit is the principle of legal certainty reality that allows people to rely on the calculations, that the norms in force is respected and implemented, court decisions sincerely held and agreements are adhered to.
In Law Number 48 Year 2009 regarding Judicial Power has mentioned in Article 1 paragraph 1 that "Judicial Power is the power of a sovereign state to conduct judiciary to uphold law and justice based on Pancasila and the Constitution of the Republic of Indonesia Year 1945, for the sake of the implementation of the State Law of the Republic of Indonesia "and Article 1 paragraph 2, which states" the Supreme Court is the judicial power executors as defined in the Basic Law of the Republic of Indonesia Year 1945 ".
The judge, as one of the main elements in the Supreme Court and the Courts below, will have a very important position in the law enforcement process, especially during the trial. Etymologically or in general, Bambang Waluyo, SH stated that the reference to judge is an organ of the court who understand the law, that his back had been placed obligations and responsibilities that the law and justice is enforced, either by the written or unwritten (hearing a case filed on the grounds that the law does not or less obviously), and no single contrary to the principle of joint and justice based on God Almighty.
But do not rule out the possibility that the parties to the dispute, particularly at the hearing, would seek to influence the Judges who hear his case. The effort is not only done in the form of promises to give something, either money or any other form of goods and services, but also in a form that is not visible (or invisible to the eye surface). Efforts in the form of invisible it is known as the occult and therefore efforts are made invisible in the law then we can call it a heresy LAW.
In terms of nature, mysticism is divided into two parts, namely the usual mystical and magical mystical. Mystical usual is no particular strength .. mystical magical mystic is mystique that contain certain powers and usually to achieve certain goals.
The proliferation of the practice of the occult among others supported by the societal conditions that are generally common to religion but has a sense of fanaticism spiritual high, this condition makes people have a level of sugestibel high (higly suggestible), making it more receptive (receptive) new ideas associated with religious teachings / spiritual while other factors supporting the rise and growth of such streams are spiritual emptiness and suffering because for those who have religious awareness is low or not at all, generally if suffering tend to lose grip live because at times like this they also become very sugestibel (easy to accept the suggestion), this is in accordance with the opinion of Prof Buya Hamka also explained that from the occult orders will appear various sects and cults in the body of society.
This practice is actually done because of the lack of confidence that the justice seekers who craves justice should be based on the facts that really happened inside that later disclosed at the hearing and not because of their efforts that unreasonable. It is given the task of a judge in the trial of a peraka not an easy task, the fate of a person or a seeker of justice depends on the Judge's decision. Signs execution of tasks judge in melakasanakan duties enshrined in Article 5 (1) of Law No. 48 of 2009 which states, "Justice and judges of the constitution shall explore, and understand the values of law and a sense of justice in society ". Especially for Justice in the Courts general, it is affirmed in the provisions of Article 68A of Act Number 49 of 2009 on General Courts, which states:
(1) In examining and deciding cases, judges should be responsible for the establishment and the decision he made;
(2) The determination and decision referred to in paragraph (1) shall contain the legal considerations of judges based on the reasons and legal basis is appropriate and correct.
Uncertainty and high trust towards things mystical or occult is what causes the seekers of justice considers that efforts to influence the judge by using things mystical is the best way to get justice. This creates a phenomenon that the seekers of justice is no longer the attitude mempecaai an impartial judge and assume that the judge will side with one of the parties to the dispute in court.
A challenge for judges and also all law enforcement officers, to always seated position always impartial in order to reduce the occurrence of practices mystical or occult in court. The duty judge who hears a case either case perdara well as criminal, to explain to those seeking justice who convened hearings about the stages and how the parties may submit evidence to corroborate their arguments. Judge Hattush able to convince the parties that the process of seeking justice is through the correct way to establish true and not in ways that berifat mystical or occult it is not likely to plunge the culprit because they have committed acts which insult the judicial institution.
For employees in any court, would not be separated from the responsibility to provide insight to those seeking justice about the manner of the litigants in the court explaining the stages of the trial and also remind to those seeking justice that justice seekers must also be able to prove their arguments to present evidence to support their arguments and evidence in accordance with the legislation. In addition, if the apparatus courts find or see there is the attempt to do practices that are or occult, the officers of the court can immediately get rid of it or if dikehaui people who do it, it must be immediately reprimanded and reminded that such actions are not correct because it does not relate to attempts to prove at the hearing and such practices will not be useful in court.
What is needed by those seeking justice is the impartiality of the court officials, especially is the Judge. The attitude of partiality of the court officials will cause negative preconceptions of those seeking justice that can lead to remedies, or tindaka-action element, which contained mystical or occult, in an effort to influence the judge to side with the perpetrators of the mystical effort. In the era of modernization such as this, it must be recognized that there are many groups of people who still believe in things mystical or occult and still believe that everything to get the goals to be achieved must be ways of mystical or occult.
Adnya this phenomenon and this phenomenon occurs also in the practice of the trial, all of us as law enforcement agencies can provide insights and explanations logically that mystical practices are not beneficial for the trial. The success of those seeking justice for justice is based on efforts to submit strong evidence to all the arguments and is not based on the efforts of the mystical or occult practices. With the understanding that given continuously by court officials, when there misitisme or occult practices during the trial, expected in the trial process is not disturbed by such practices, because the direct and skill practice would also distract the Judge when in session. With the smooth proceedings, the process of obtaining justice for justice seekers will also be more quickly achieved.
D. CONCLUSION
From the above description, presumably can we conclude as follows:
1. The practice of mysticism or the occult is still found in the trial in Indonesia;
2. The practice of mysticism or the occult made in court during the trial aims to influence the judge to side with the practice of mysticism or the occult;
3. The court officials ranging from clerks to Judge that gave the explanation made it clear to those seeking justice, that justice can be obtained by the process of proving that good and not through the practice of mysticism or the occult.
E. REFERENCES
1. Ali Mansour, VARIOUS LEGAL ISSUES (Issue Agreement, and Pembaharuaan Consumer Law, 2010, in cooperation with Publisher Publisher Unisula Terrace, Semarang;.
2. http://eprints.ums.ac.id/346/1/2._ZUDAN.pdf. ;
3. The Constitution of the Republic of Indonesia Year 1945 Fourth Amendment;
4. http://1ia17meiliawati.blogspot.com/2012/04/kasus-penegakan-hukum-di-indonesia.html;
5. http://www.artikata.co//klenik, downloaded dated May 11, 2016;
6. http://www.kompasiana.com/metik/klenik-adalah-realilitas-berdampingan-dengan-dunia-nyata_552b2d8af17e61297bd623ae, downloadable dated May 11, 2016;
7. https://id.wikipedia.org/wiki/Klenik, downloaded dated May 11, 2016;
8. http://garasikeabadian.blogspot.co.id/2013/03/seputar-klenik.html, downloaded dated May 11, 2016;
9. http://ibudewirembulan.blogspot.co.id/2013/08/antara-hal-yang-gaib-dan-klenik.html, downloaded dated May 11, 2016;
10. http://www.artikelsiana.com/2015/01/pengertian-keadilan-macam-macam-keadilan.html, downloaded dated 29 September 2015;
11. https://id.wikipedia.org/wiki/Keadilan, downloaded dated 29 September 2015;
12. http://www.habibullahurl.com/2015/01/teori-keadilan-menurut-aristoteles.html, downloaded dated 29 September 2015
13. http://www.pusakaindonesia.org/nilai-dasar-sila-kelima-dalam-pancasila/, downloaded August 8, 2014;
14. Budioono Kusumohamidjojo, Philosophy of Law (Order problematic Fair), Publisher CV. Mandar Maju - Bandung, hlm.172-173.
15. http://www.sarjanaku.com/2013/03/pengertian-hakim-tugas-fungsi-dan.html, download date 18,112,015;
1. Distributive justice: Aristotle argued that justice will be done when things are equally necessary in the same way and things are not the same need not be the same (just ice is done when equelz are treated equally). Justice distributive justice itself is a relationship between the State against its citizens, in the sense of the state which shall satisfy justice in the form of equity share, in the form of welfare, assistance, subsidies and the opportunity to live together based on rights and obligations;
2. Legal Justice (Justice obedient): It is a relationship of justice between the citizens of the state and in this issue the wargalah which shall meet justice in the form of obeying laws and regulations in force in the State. Plato argued that justice and law are the common spiritual substance of the people who make and into unity. In a just society everyone performs according to its nature best suited to him (the man behind the gun). Plato called moral justice, while the other is called legal justice;
3. Cumulative Justice: That is a relationship of justice between the citizens of one another reciprocally. Justice aims to maintain public order and the general welfare. For Aristotle's sense of justice is ases coherence and order in society. All actions are patterned extremes make injustice and would undermine or even menghancurakn ties in the community.
The values of justice must be the basis of which should be realized in a state of living together to realize the goal of the State, namely the welfare of all citizens and protect all its citizens and territory, educate all citizens. Similarly, the values of justice as the basis in the association between the State fellow nations in the world and the principle want to create order to live together in an interaction among nations in the world on the basis of a principle of independence for every nation, lasting peace and justice in life together (social justice).
Of the various terms regarding JUSTICE, then presumably can be drawn a conclusion that justice grow and evolve based on the values that live in the community, so that justice that exist in an area and at a certain time will vary with justice in other communities and in time different. Although g laidemikian, all these opinions have one purpose and that every person has the same rights and obligations, and everyone should respect the rights of others.
Even though a person who made a suspect or defendant, still have the right to be treated humanely, because not all criminal offenses committed by the perpetrator carried out with intent but no crime committed due to negligence or inadvertence by the culprit.
During the law enforcement process, from inquiry, investigation, prosecution, trial and run the executable on the Court decision, a person who becomes the perpetrator remains to get their rights.
C2. Practice During Trial
In essence, the task of the judge in the process of law enforcement are vital and determine the fate of a person or group of people (people) who seeks justice. The judge must always act impartially, in the sense of not favoring the disputing parties and always put himself in the middle of the seekers of justice, it is so that the proceedings are in balance and can produce a decision that actually contains the sense of justice as expected by those seeking justice.
Law enforcement should be consistent so that people understand, where and where NOT LAW LAW. As part of the process of social, enforcement of legal certainty it rests on two (2) main components, namely:
1. The law must be able to provide certainty in orientation to the community. In this case the known certainty; namely Certitudo orientation or Orientierungssicherheit, that people understand, how the behavior expected by others thereof and the response is what they can expect from others it was to the behavior;
2. Certainty in the application of the law by law enforcement, Do not let this happen that once a legal provision is implemented, but other times the same requirements are not implemented. There is a principle which is Securitas or Realisierungssherheit is the principle of legal certainty reality that allows people to rely on the calculations, that the norms in force is respected and implemented, court decisions sincerely held and agreements are adhered to.
In Law Number 48 Year 2009 regarding Judicial Power has mentioned in Article 1 paragraph 1 that "Judicial Power is the power of a sovereign state to conduct judiciary to uphold law and justice based on Pancasila and the Constitution of the Republic of Indonesia Year 1945, for the sake of the implementation of the State Law of the Republic of Indonesia "and Article 1 paragraph 2, which states" the Supreme Court is the judicial power executors as defined in the Basic Law of the Republic of Indonesia Year 1945 ".
The judge, as one of the main elements in the Supreme Court and the Courts below, will have a very important position in the law enforcement process, especially during the trial. Etymologically or in general, Bambang Waluyo, SH stated that the reference to judge is an organ of the court who understand the law, that his back had been placed obligations and responsibilities that the law and justice is enforced, either by the written or unwritten (hearing a case filed on the grounds that the law does not or less obviously), and no single contrary to the principle of joint and justice based on God Almighty.
But do not rule out the possibility that the parties to the dispute, particularly at the hearing, would seek to influence the Judges who hear his case. The effort is not only done in the form of promises to give something, either money or any other form of goods and services, but also in a form that is not visible (or invisible to the eye surface). Efforts in the form of invisible it is known as the occult and therefore efforts are made invisible in the law then we can call it a heresy LAW.
In terms of nature, mysticism is divided into two parts, namely the usual mystical and magical mystical. Mystical usual is no particular strength .. mystical magical mystic is mystique that contain certain powers and usually to achieve certain goals.
The proliferation of the practice of the occult among others supported by the societal conditions that are generally common to religion but has a sense of fanaticism spiritual high, this condition makes people have a level of sugestibel high (higly suggestible), making it more receptive (receptive) new ideas associated with religious teachings / spiritual while other factors supporting the rise and growth of such streams are spiritual emptiness and suffering because for those who have religious awareness is low or not at all, generally if suffering tend to lose grip live because at times like this they also become very sugestibel (easy to accept the suggestion), this is in accordance with the opinion of Prof Buya Hamka also explained that from the occult orders will appear various sects and cults in the body of society.
This practice is actually done because of the lack of confidence that the justice seekers who craves justice should be based on the facts that really happened inside that later disclosed at the hearing and not because of their efforts that unreasonable. It is given the task of a judge in the trial of a peraka not an easy task, the fate of a person or a seeker of justice depends on the Judge's decision. Signs execution of tasks judge in melakasanakan duties enshrined in Article 5 (1) of Law No. 48 of 2009 which states, "Justice and judges of the constitution shall explore, and understand the values of law and a sense of justice in society ". Especially for Justice in the Courts general, it is affirmed in the provisions of Article 68A of Act Number 49 of 2009 on General Courts, which states:
(1) In examining and deciding cases, judges should be responsible for the establishment and the decision he made;
(2) The determination and decision referred to in paragraph (1) shall contain the legal considerations of judges based on the reasons and legal basis is appropriate and correct.
Uncertainty and high trust towards things mystical or occult is what causes the seekers of justice considers that efforts to influence the judge by using things mystical is the best way to get justice. This creates a phenomenon that the seekers of justice is no longer the attitude mempecaai an impartial judge and assume that the judge will side with one of the parties to the dispute in court.
A challenge for judges and also all law enforcement officers, to always seated position always impartial in order to reduce the occurrence of practices mystical or occult in court. The duty judge who hears a case either case perdara well as criminal, to explain to those seeking justice who convened hearings about the stages and how the parties may submit evidence to corroborate their arguments. Judge Hattush able to convince the parties that the process of seeking justice is through the correct way to establish true and not in ways that berifat mystical or occult it is not likely to plunge the culprit because they have committed acts which insult the judicial institution.
For employees in any court, would not be separated from the responsibility to provide insight to those seeking justice about the manner of the litigants in the court explaining the stages of the trial and also remind to those seeking justice that justice seekers must also be able to prove their arguments to present evidence to support their arguments and evidence in accordance with the legislation. In addition, if the apparatus courts find or see there is the attempt to do practices that are or occult, the officers of the court can immediately get rid of it or if dikehaui people who do it, it must be immediately reprimanded and reminded that such actions are not correct because it does not relate to attempts to prove at the hearing and such practices will not be useful in court.
What is needed by those seeking justice is the impartiality of the court officials, especially is the Judge. The attitude of partiality of the court officials will cause negative preconceptions of those seeking justice that can lead to remedies, or tindaka-action element, which contained mystical or occult, in an effort to influence the judge to side with the perpetrators of the mystical effort. In the era of modernization such as this, it must be recognized that there are many groups of people who still believe in things mystical or occult and still believe that everything to get the goals to be achieved must be ways of mystical or occult.
Adnya this phenomenon and this phenomenon occurs also in the practice of the trial, all of us as law enforcement agencies can provide insights and explanations logically that mystical practices are not beneficial for the trial. The success of those seeking justice for justice is based on efforts to submit strong evidence to all the arguments and is not based on the efforts of the mystical or occult practices. With the understanding that given continuously by court officials, when there misitisme or occult practices during the trial, expected in the trial process is not disturbed by such practices, because the direct and skill practice would also distract the Judge when in session. With the smooth proceedings, the process of obtaining justice for justice seekers will also be more quickly achieved.
D. CONCLUSION
From the above description, presumably can we conclude as follows:
1. The practice of mysticism or the occult is still found in the trial in Indonesia;
2. The practice of mysticism or the occult made in court during the trial aims to influence the judge to side with the practice of mysticism or the occult;
3. The court officials ranging from clerks to Judge that gave the explanation made it clear to those seeking justice, that justice can be obtained by the process of proving that good and not through the practice of mysticism or the occult.
E. REFERENCES
1. Ali Mansour, VARIOUS LEGAL ISSUES (Issue Agreement, and Pembaharuaan Consumer Law, 2010, in cooperation with Publisher Publisher Unisula Terrace, Semarang;.
2. http://eprints.ums.ac.id/346/1/2._ZUDAN.pdf. ;
3. The Constitution of the Republic of Indonesia Year 1945 Fourth Amendment;
4. http://1ia17meiliawati.blogspot.com/2012/04/kasus-penegakan-hukum-di-indonesia.html;
5. http://www.artikata.co//klenik, downloaded dated May 11, 2016;
6. http://www.kompasiana.com/metik/klenik-adalah-realilitas-berdampingan-dengan-dunia-nyata_552b2d8af17e61297bd623ae, downloadable dated May 11, 2016;
7. https://id.wikipedia.org/wiki/Klenik, downloaded dated May 11, 2016;
8. http://garasikeabadian.blogspot.co.id/2013/03/seputar-klenik.html, downloaded dated May 11, 2016;
9. http://ibudewirembulan.blogspot.co.id/2013/08/antara-hal-yang-gaib-dan-klenik.html, downloaded dated May 11, 2016;
10. http://www.artikelsiana.com/2015/01/pengertian-keadilan-macam-macam-keadilan.html, downloaded dated 29 September 2015;
11. https://id.wikipedia.org/wiki/Keadilan, downloaded dated 29 September 2015;
12. http://www.habibullahurl.com/2015/01/teori-keadilan-menurut-aristoteles.html, downloaded dated 29 September 2015
13. http://www.pusakaindonesia.org/nilai-dasar-sila-kelima-dalam-pancasila/, downloaded August 8, 2014;
14. Budioono Kusumohamidjojo, Philosophy of Law (Order problematic Fair), Publisher CV. Mandar Maju - Bandung, hlm.172-173.
15. http://www.sarjanaku.com/2013/03/pengertian-hakim-tugas-fungsi-dan.html, download date 18,112,015;
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