BOOMERANG LAW AROUND THE PRESIDENT

Nearly a week later, Rakyat Indonesia offered legal intrigue exhibited

republic officials, from SBY postponed state visit to the Netherlands,

to the SKPP Seeds PK Chandra were stuck at the desk of the Supreme

Court. If the trace is straightforward, it may be said that all of the

silly to say it stems from an erroneous legal presumptions. What for?

In fine we can say they are not looking at the scope of the court of

law in perspective as such, but rather look at the law in the

interests of perspective.



SBY delays trip to the Netherlands on the basis Adaiah litigation

against the Government of Indonesia by a group of people who claim to

be the RMS, is a testament to the lack of understanding of the laws of

the prompter sinkronan president. What for? In international law, let

alone the head of state or head of government, has a right to

diplomatic immunity.



And right here's a tip to use Dutch court rejected the lawsuit John

Wattilete cs. Indeed ignorance is what makes Indonesia-Netherlands

relations become rather heated. In fact, if analyzed clearly, the

actual complaint filed by the RMS, the substance is also weak, what

was the cause? Kort gedig legal proceeding alias used only for matters

that are necessary proof concise. Even in our country, kort gedig used

in traffic court.



Obviously to hear the matter lawsuit involving human rights

violations, and very menjelimet need proof, not simply traffic cases.

Moreover, if it refers to a very basic legal terms, the lawsuit is a

civil law terminology, how can civil judicial excesses can cause a

person is arrested? Unless fulfill its criminal element. Referring to

the doctrine of international criminal justice, the authority to

arrest and prosecute for the International Criminal Court, it is

limited again by the ratification of the International Criminal

Court's charter.



Fatality in the presidential statement was a request to the Dutch that

there is a written guarantee that the Dutch government guarantees that

the Dutch court did not accept the lawsuit. This is a crucial point,

which proves our government's perspective on the relation of Law and

Governance. Obviously Netherlands will reject it, because in concept,

the government can not interfere in the affairs of the Court.



While perspectives and patterns in view of the SBY administration

lawsuit, precisely the opposite. President Yudhoyono's position that

the Court also seemed to be required to follow the will of the

government.



What is an example? Clear mandate of the president who wanted

Bibit-Chandra settled out of court is a subtle intervention on

judicial power. Regardless of the elements of engineering, legal

formulation which is used to close the case as if the seeds Candra

patchy.



An assessment used Cessation Prosecution Attorney General to stop

Bibit Candra as the sole measure, what was the cause? If this is the

case to be closed deponering used alone or can be abolished.



This makes a subtle impression that the Government Meng legal

intervention, but with the steps that can be said without calculation.

Ends, while the SKPP SKPP dipraperadilan mentally because the reasons

for its "sociological". SKPP itself actually should include the

reasons that are "legal" because if the sociological reasons that

should be used is deponering.



Interpretation boomerang



Understanding Law in the president that are relatively adapts to serve

the interests of the edges that gap by Yusril Ihza Mahendra to

"subvert" Hendarman Supandji from the Attorney General seat. This

understanding needs to watch out because the president seemed to

always get a whisper Everything is allowed alias everything be with

the understanding that such laws.



As if so Misfire, understanding the laws that are ABS or Origin Mr

Glad it should be abandoned, because the addition will damage the

image of the government, the image that appears also sounded as if the

government is able to do anything. This should be prevented, because

by preventing the government seemed paranoid impression of the law can

be eliminated.



When the seed-Candra SKPP denied MA, was among those who deplore the

attitude of the Supreme Court which refused SKPP, what was the cause?

MA considered to violate the mandate of the president who asked

Bibit-Chandra case settled out of court. This is actually undermining

the constitutional system and the system of law in Indonesia.



Clearly the law of procedure, that the pretrial stuck in the High

Court, and Justice of the pre-trial was not set in the procedural law.

Even with the understanding and interpretation of the most progressive

ones, court procedural law can not be interpreted other than what is

written. Because of legal docket that are standardized, it is intended

for the same process for each case. While in the state system, the

president is clear interference in a case without going through proper

procedures will only backfire on the president himself.



Mandate president, whose seed-moon asking the case settled out of

court, was back on the face of the government with very soundly, will

there be another mistake in the interpretation of the scope of

presidential aide? If there is, then do not blame a lot of people

follow lagkah Yusril Ihza Mahendra are using loopholes in the legal

system of this country, to embarrass the government