Definition of the Legal Authority – When we hear the word law, our thoughts immediately lead to illegal actions that result in the perpetrator having to deal with the authorities. There is no harm in thinking that way, because the law was created to regulate the life of the community and must be obeyed. The consequences of breaking the law are various, some of which are so avoided by the people around them that they end up behind bars.
In organizing and making legal regulations, it cannot be done individually and establish them unilaterally, but it is necessary to participate from several parties who finally express a joint decision in the formation of the legal regulations.
Law enforcement itself therefore creates a legal institution that has the main task of maintaining legal stability in a country. The legal body functions so that each individual is not arbitrary in acting because all actions performed have legal rewards according to the level of crime committed.
Well, for Reader friends wherever you are, the importance of a legal institution in regulating legal stability in a country is very important, for that it is very important to know what legal institutions exist in Indonesia and what authority they have in deciding a law.
Further discussion on the meaning of legal institutions can be seen below!
Meaning of Law Board
A legal institution is an institution that has the power of law and is tasked with upholding legal justice in court. There are many law enforcement agencies. It must be emphasized again that compliance with the law means objectivity and inaccuracy. All groups of people are equal before the law. Unlike those who only run for office because they have the opportunity to break the law. The following is the Indonesian legal system.
The legal system in the Indonesian Language Dictionary (KBBI) is a pattern of human behavior formed that consists of structured social interaction within a framework of meaningful values. While customary rules or laws are considered officially binding and approved by public or government authorities; Laws, procedures, etc. organizing social life in the community; Benchmarks (rules, regulations) for certain events (nature, etc.); the decision (deliberation) of the judge (in court); Evaluation.
Therefore, the legal institution is a social institution whose duty is to fulfill the rules of order for members of society, both written and unwritten, so that it is considered as a centralistic institution and applies universally. Legal institutions were created to fulfill society’s expectations for justice. Because the judiciary can provide certainty and justice and guarantee the community a peaceful and secure life.
Therefore, legal institutions are considered capable of meeting the social system related to social norms that are directly related to procedures or the importance of certain values to meet the basic needs of society. Because the existence of this judicial institution is able to present facilities for the community in carrying out various activities in their lives.
Functions of the Law Board
Social institutions related to law have roles and functions including:
- Protection of community members, judicial authorities protect members of the community and the possibility of crime. Protection of the community can be done with the help of various regulations. The protection of legal institutions can be preventive and repressive to create social order.
- The maintenance of the rule of law by the legal institution as a social institution has its own rules of the game that must be implemented. The purpose is for the legal institution to remain strong in society.
- In order to organize sanctions so that society obeys the law, social control is needed. Legal institutions as a tool of social control play a role in preventing the spread of deviant behavior in society.
- Giving guidance about community behavior, in Indonesia one type of legal institution is the police, which has the power to enforce rules, for example in this case traffic regulations, which play a role in giving guidance about community traffic. With this guide you can create order and peace together.
- As a tool to change society’s behavior Another task of the judiciary is to change society’s behavior that is not appropriate through good means (persuasion) or violence. The expected behavior is behavior that is in accordance with the legal norms that implement the social order.
Dimensions of Law Enforcement
There are three dimensions that must be observed in law enforcement, including:
- The application of law is considered as a normative system (standard system), that is, the application of law that reflects the social values that all witnesses to criminal acts are imbued with.
- Law enforcement should be seen as an administrative system that includes interaction between various police agencies, which is a subsystem of the judiciary mentioned above.
- The application of criminal law is a social system in the sense that the definition of a crime must take into account the differences of opinion that apply to all levels of society.
Law Enforcement Factors
The factors that affect law enforcement, according to Soerjono Soekanto are as follows:
1. Legal Factors
In the field of criminal prosecution, there are sometimes conflicts about legal certainty and justice, because the concept of law is an abstract formulation, while legal certainty is a normatively determined process.
Therefore, a policy or action that is not entirely based on the law is allowed as long as the policy or action does not violate the law. Therefore, law enforcement does not only include law enforcement, but also peace, because law enforcement is a process of forming values and behavior to build peace.
2. Law Enforcement Factors
An important role is played by the mind or personality of the official in the implementation of the law, if the rules are good, but the quality of the official is not good, the problem is clearly not solved. Therefore, one of the keys to the success of the police is the mindset and personality of the law.
3. Institutional factors and supporting services
Supporting means and facilities include software and hardware, for example software is training. The training received by police officers currently tends to be routine, so that many police officers encounter obstacles to achieving their goals, including knowledge of computer crimes and specific crimes that are currently included in the scope of the prosecution.
Because the policy is technically and legally incompetent and not ready. Although it is known that the duties that the police must perform are very broad and diverse.
4. Community Factors
Law enforcement of course comes from within the community and strives to create and promote peace in the community. Every person or group at least has an awareness of the law, the next problem that arises is the level of compliance ie. high, moderate and poor adherence. There is a level of law enforcement itself. And this is an indication of the effectiveness of the relevant law.
5. Cultural factors
According to Soerjono Soekanto, culture has such a great task for society, which is to organize so that people know how to act, act and determine their attitude towards others. Therefore, culture is the basic line of behavior that establishes rules about what should be done and what is prohibited.
Indonesian law enforcement agencies based on law
In addition to the term “law enforcement” in the Advocate Law, there are other terms related to the term “law enforcement”. Law enforcement agencies and their responsibilities are found among others in the following regulations.
- Article 2 of UU 2/2002 states that the duty of the police is one of the duties of state administrators in the field of maintaining public order and security, law enforcement, protection, protection, and service to the community.
- According to Article 101(6) UU 8/1995, Bapepam (Capital Market Authority) can request assistance from law enforcement agencies, the police, the Immigration Service and the Ministry in connection with the implementation of its investigative powers. prosecutors and prosecutors.
- Article 49(3)(i) of the OJK Law states that Financial Services Authority officials have the authority to request assistance from law enforcement agencies. Then what is meant by “other law enforcement agencies” is the prosecutor’s office and the police. and the court. Article 2 of the Constitutional Court Law states that the Constitutional Court is one of the state institutions that exercise independent jurisdiction in the administration of justice to strengthen law and justice.
- PP 16/2018 paragraph 1 item 2 explains that the State Servant Policy (Pol PP) is a member of the Satpol PP as a regional government unit that has an office and gets duties, responsibilities, and authority in accordance with the laws and regulations in the administration of government. district regulations and district director. Order, enforcement of public order and peace and community protection.
Examples of the Law Board in Indonesia
A legal institution is an institution that has the power of law and is tasked with upholding legal justice in court. There are many law enforcement agencies. It must be emphasized again that compliance with the law means objectivity and inaccuracy. All groups of people are equal before the law. Unlike those who only run for office because they have the opportunity to break the law.
The following are Indonesian legal institutions:
1. National Police of the Republic of Indonesia
One of the members of the muspika is the police, this first institution is recognized by the city government. Its existence is directly related to the community within the National Police of the Republic of Indonesia, there are many units. For example, the Cybercrime Unit that protects the public from illegal crimes in the cyber world, and SATLANTAS (Traffic Unit) that regulates traffic on public roads.
The government decided to hand over police duties. This means that its existence is also guaranteed by the government. Law No. 2 of 2002 about the National Police of the Republic of Indonesia:
Stated: “The duty of the police is one of the duties of the national government in maintaining the security and order of the community, policing, protection, protection, and service to the community.”
Polri also usually participates in the continuity of other national institutions. For example, assisting the Financial Services Authority (OJK) and other General Managers who need legal advice. The presence of police is widespread from the central level to the districts.
There is a police unit in the area, commonly called Satpol PP (Pamong Praja Police Unit). This unit usually destroys law and order in the community to keep community life in a safe and peaceful area. PP Satpol actions which are often taken over by illegal Street Vendors (PKL) and GePeng (vagrants and beggars) who destroy urban planning and public facilities often attract media attention.
2. Constitutional Court
MK or the Constitutional Court adjudicates legal cases at the court table. This board holds a very important role in law enforcement. The reason is simple, the judiciary is the boss who decides how to proceed with matters, especially in disputes where there is no jurisprudence.
The existence of the Constitutional Court was confirmed in 2003 by including articles about the Constitutional Court into the law. Law Number 24 of 2003, ratified in August of the same year, regulates the Constitutional Court. To understand who the Constitutional Court is dealing with, read the following description:
1. Constitutional judge
A judge is a person who has the authority to adjudicate a matter. Constitutional Court judges can serve for two terms of office, each term of office is five years (Read:
jurisdiction of the Constitutional Court). There are 9 constitutional judges, each consisting of:
- 3 people are elected by the Supreme Court
- 3 people are elected by the House of Representatives (DPR).
- 3 people are chosen by the President
2. Head of the Constitutional Court
- The Chief of the Constitutional Court is the person who leads the Constitutional Court.
- The constitutional judge elects the Chief of the Constitutional Court for a term of three years
3. Supreme Court
The Supreme Court has a high position in the Indonesian legal system. The Supreme Court deals with cases at the Supreme Court level. The duties and functions of the Supreme Court are also different according to the law. Meanwhile, there are several levels of justice as follows:
- first level: in the state court
- Second level: to be dealt with by the high court
- third level: to be dealt with by the Supreme Court
The jurisdiction of the Supreme Court covers several areas. From the scope of common law to the military. Because of its jurisdiction over cassation, the Supreme Court also has the authority to advise the president on amnesty and rehabilitation. The composition of the Supreme Court is as follows:
- Supreme Court Candidate: Supreme Court candidate is a candidate submitted to the DPR by the Judicial Commission (KY). However, confirmation is done by the President.
- Supreme Court Judges: This has a maximum of 60 members who can be selected based on their legal career or academic expertise.
- Chief Justice of the Supreme Court: The Chief Justice of the Supreme Court is just one of the judges of the Supreme Court. In addition, the head position can also be directly proposed by the president based on their career and experience in law.
4. Military High Court
There are several levels of military justice. In fact, the military court represents the judicial authority in the armed forces. His position is considered on the basis of national security. The military justice environment is also classified according to its level as follows:
- There is a basic military court in the city where KODAM is located
- The Class B Military Court is located in the city where KOREM is located
Meanwhile, military justice graduates have the following hierarchy:
1. High Military Court
The defendants in this trial are soldiers with the rank of major. In this process, 5 people will be judges.
- 1 leader
- 2 members
- 1 senior military inspector (the prosecutor has the same functions and duties as the prosecutor in the field of prosecution)
- 1 clerk
2. Main General Court
Cases appearing before the military high court and on appeal are dealt with here. In short, the court under the Supreme Court is a continuation of the Military High Court. The location is also in the capital of Indonesia. The composition of the members is as follows:
- 1 Chief (minimum rank of Brigadier General or Marshal and First Admiral)
- 2 members (minimum rank of colonel)
- 1 officer (major rank – colonel)
So much for a short discussion about the definition from the legal institution. This discussion does not only discuss the definition of legal institutions but also discusses further the functions, dimensions, laws that regulate legal institutions, law enforcement factors, as well as examples of legal institutions in Indonesia.
Understanding the meaning of legal institutions gives us additional knowledge about various legal institutions in Indonesia as well as knowing their functional role in maintaining legal stability.
Such is the commentary on the meaning of legal institutions.