Kasus Acho dan Sengkarut Hukum Pengelolaan Rumah Susun detail
Peraturan Menteri PPN/Kepala Bappenas No. 3 Tahun 2017 downlaod
Artikel JDIHALL POSTS
  • Addressing Immature Democracy in Indonesia: Adhere the Rule of Law

     by: Adi Haryo Yudanto, SH, MH, BKP

    Compared to the previous New Order regime, Indonesia has been improving democracy to the extent that freedom of assembly, freedom of expression, and majority rule are more acceptable in determining public interests. Democracy has been supported by the constitution of Republic of Indonesia that clearly stated “Sovereignty is in the hands of the people and is implemented according to the constitution.”

     

    Unfortunately, people tend to partially implement the Constitution. It resulted in a dilemma that democracy often becomes uncontrolled and based upon majority extremism. People seem to perceive that democracy is above everything. As if people disobey the Constitution that also stated “the state of Indonesia shall be a state based on the rule of law.”

     

    Rule of law is essential in guiding our democracy. Professor Mahfud MD (Yogyakarta, 5/11) said, “what we need nowadays is to foster our collective awareness that this state would be great if we rebuild democracy and enforce rule of law which enframed in our constitution.” As been said, democracy and rule of law must be rebuild upon nation integrity.

     

    Before exercising democracy, our integrity is to respect and abide by the rule of law. It’s the condition precedent, which has been neglected by majority extremism. For some reasons, majority actions often bypass the rule of law. For instance, religious intolerance spread by particular religious activists’ leader has created a terrifying and chaotic democracy.

     

    It’s very unfortunate in Indonesia that religious activists’ leader manifested democracy as hatred towards minority actions. It seems like rule of law is nothing against democracy because the truth seems to be represented by majority extremism. Democracy can be wronged because majority extremism will interfere due process of law.

     

    Democracy should not be immature. It must depend on good political will that adheres the rule of law. If immature democracy happens very often, it will jeopardize economic, political, and social stability in Indonesia.

     

    The Government has many things to do in order to address and rebuild democracy. First and foremost, immature democracy happens because the Government has failed to maintain public trust upon rule of law and its enforcement. For example, in Ahok’s blasphemy case, the Government never took a preliminary action at the beginning to prevent public controversy, to propose amicable resolution, as well as to assure public opinion about the certainty of law enforcement.

     

    Second, the Government must take unequivocal actions towards the pressure of majority extremism. Recently, the FPI and GMBI clashed in Bogor, then resulted in controversial pressure from FPI’s commander to sacking West Java Police Chief. For this particular reason, the face of Indonesian democracy becomes grotesque. The Government should never be dictated by thousands religious cohorts who claim representing majority.

     

    Third, the Government must intensively educate people to adhere rule of law and ethics of democracy. People may exercise power directly towards the state. Nevertheless, democracy should not exploit uneducated people, bypass rule of law, and leave the truth based upon desire of particular people.

     

    It’s not democracy, if majority only follow their desire without adhering rule of law and respecting minority rights. Democracy is not created to contest majority against minority, nor creating violences or clashes. Immature democracy would lead our nation into mass destruction, not because of guns and bombs, but rather disintegration thrives from intolerance and hatred.