REPUBLIKA.CO.ID, By: Asma Nadia
In a state of half fantasy, the citizens who are confused with the concept of applicable laws, held a meeting and consultation on legal theory and its application. All elements of society - from children to the elderly, from educated people, to the experts - are present in the discussion forum. All are welcome to express opinion..
School children as a group of people who are critical, bold, and have a great curiosity, but rarely taken into account, began to speak their minds. A primary school students started with a simple question.
"Did the forest fires damage the environment?" An environmental expert who attended spontaneously replied, "Of course. Thousands of trees were destroyed. Smoke from burning was obviously disturbing the community, while other organisms die. It takes tens to hundreds of years to restore the forest to its original state."
Not satisfied with the answer, he asked again, "But, what if there is a judge in his decision said that forest fires do not cause ecological harm or damage to the environment?" This time, a legal expert responded. "If a judge decides that forest fires do not cause damage to the environment, it means that legally it does not damage the environment."
People were sighted, including the student who ask. However, the ignorance was responded with a brief explanation from the legal expert. "Yes, that's the law of the country. The verdict be the only opinion that count," he said.
Next, a junior high school student raised his hand. "I had ever heard of a figure who was sentenced to 17 years on charges of corruption, whereas he did not yet corrupt and no loss suffered by the state. However, why the other officers that have been convicted of corruption, even in large quantities, got a lighter punishment? "
Although the question related to issue of corruption, anti-corruption activists decided not to speak out and submitted the answer to the legal experts of their country. "Each judge is free to translate the law according to their opinion. It is the freedom of the judge. The judge can decide a light sentence on gross violations or otherwise, other judges can decide severe punishment for minor violations with a variety of consideration."
"But ...." the discussion forum warmed up, though people is still puzzled.
More critical question then asked by a senior high school student. "In the past, there was case of elephants vs ants. Ants lost even they were supported by millions of people. There was also case a patient who was detained, whereas she was a victim of hospital negligence. Millions of people in the country collected coins for the patient. Does it mean that the millions of people are wrong?"
This time, human rights activist spoke up. "It is apprehensive, despite the millions of people said the patient was not guilty and the judge said she was guilty, then judge's opinion was legally correct, millions of other opinions just the wind."
The students seemed to disagree, "Wow, the judge was terrific. That means he's a remarkable choice. His opinions are always right, even beating millions of people. Are judges selected from the wisest people across the country?"
Human rights activist stunned and shook his head. "Actually, no need to be wise to be a judge. Just sign up and pass the education of judges. To become a judge, one of the conditions is the height of men and women is at least 160 cm."
"What height do with justice?" a person said.
"I do not know. They said, anyway, that requirement has been eliminated," the Human rights activist said wryly. The forum held was not answering so many questions. Instead, the questions were almost always answered with statements that are not satisfactory.
Law and justice should have been balance. Unfortunately, it does not happen. The exchange ideas forum held, opened the eyes of people and raised awareness of bitter reality happened. Law, which should be the supreme commander, has not been able to maintain the justice in our beloved country.
Discussion continued. All elements of the community agreed there should be a new system - to replace the justice system has been too dependent on the subjectivity of judges. The results of the discussion were processed. The people wanted the judge elected in the election.
Career judges are only served as a companion and judges from people's choices are becoming decision-makers. In addition, the decision has legal accountability mechanisms for judges who gave the decision by ignoring the existing laws.
Thankfully, the government is responsive to the people's want. Since then, blunder decision do not happen again. Each judge is very careful to give a decision. They who were negligent, would will not be elected again to be the judge.
People is happy to be free from confusion over the years. Dreams that law and justice can be coupled finally become a reality. A reality in the state of half fantasy.
