JAKARTA (TheInsiderStories) – It’s still warm in the public memory of the hard watering case against Indonesian anti-graft senior investigators, Novel Baswedan on April 11, 2017. After the incident Novel underwent multiple eye surgeries in Singapore.
The unlucky fate still befell Novel, not only because he was physically disabled (his eyes were almost blind), but also the disclosure process of the actor of the crime seemed to be deliberately made protracted.
On June 19, 2019, the police had announced that they had found a key witness regarding the case. But during the investigation, the police did not announce the clarity of the results of the investigation.
Then, on Nov. 24, 2017 the Metro Jaya Police released a sketch of two faces of people suspected of being actors and also had time to examine four people suspected of being involved in the sprinklers, but were later released because the four had different characteristics from those of CCTV footage.
Finally, after being urged by community institutions, the Police issued a letter of assignment to form a special team, namely a joint anti-graft and Police in investigating the case of the Novel. The assignment letter is valid for six months, starting Jan. 8, 2019 until July 7, 2019.
But even this team’ performance to date has not shown significant progress. There are allegations of investigation into the case of the novel deliberately made protracted until the public forgets it.
President Joko Widodo continued to be unmoved about the cases that had befallen the former members of the police. Many parties considered that the attitude of the head of state reflected the inconsistency of the government in pushing the corruption eradication agenda, but instead created a “space” where the courage to enforce the law became “empty” and filled by promises.
The Ombudsman has also released an alleged minor maladministration carried out by the police in handling the case, including the delay in handling cases so that they continue to drag on, the effectiveness of the use of human resources, administration of investigations, and neglect of instructions sourced from the novel as victims. The latter guess refers to the conclusion that the police have never examined or made an official investigation report.
But Novel says frankly that there are irregularities in the results of the Ombudsman’ investigation of his case. Since the attack, he has repeatedly told the police about the incident and the truth has been confirmed by the anti-graft. He has also fulfilled the Ombudsman’s examination at the agency office. On Dec. 21, 2018, Novel alleged that the perpetrators of the crime involved a police general.
There are four factors that make disclosure of a case slow from the point of view of criminal law (Friedman, 1984), such as: the substance of the law, in which law becomes important in protecting and following up the process of eradicating corruption; human resource capabilities; legal infrastructure, law enforcers have the courage, integrity and prime conditions in carrying out the corruption eradication agenda; and legal culture, in the form of support from various elements of society in combating corruption.
In the case of the Novel, he should convey to the investigator all the information and not only open important information about himself to the joint fact-finding team. This shows that Novel is not full belief on police institutions and if it continues can degrade the image of the police.
Moreover, while awaiting the continuation of the work of the law and government apparatus, the society is also invited to solidarity so that they are more courageous to fight corruptors. Law enforcers and the government need to build ethical arguments in how to think about law and eradicate corruption.
Because the justification for commitment and the seriousness of law enforcement, it precisely lies the role of morality in law enforcement to protect the rights of citizens.
From a constitutional perspective, it was stated that the watering was an attack to weaken the anti-graft as an institution. So, it was proposed a solution in the form of strengthening status, namely legitimizing the agency institutions through and based on the written constitution (the 1945 Constitution) and the immunity of the agency management positions from criminalization.
The academic perspective states the need to protect the physical security of law enforcement officers from terror and threats. The mechanism and legal validity for protection can be adopted from a number of international legal instruments by establishing new institutions with special authority.
Both of these views show that not only demands that the perpetrators of watering against Novel be tried, but also an affirmation of the commitment to eradicate corruption. Moreover, each event contains value and invites moral evaluation. In the case of Novel, there is a reflection on the meaning of legal value through sorting out some problematic variables of the philosophy of law, then identifying the moral principles contained in the law to eradicate corruption in the country.
The first variable is the Novel watering incident. The second variable is anti-graft as a political institution that works to eradicate corruption and enforce the law. The third variable is legal ideals or legal goals in combating corruption to achieve prosperity and mutual happiness. The first variable is a non-legal fact variable, while the second and third variables display legal facts.
Seen interpretatively, these non-legal and legal fact variables are related to each other because of a moral principle. In the context of eradicating corruption in our country, the moral principle in question expresses moral facts (the existence of legal purpose variables) that justify legal facts (the existence of anti-graft variables and legal purpose variables).
In the context of the legal tradition, moral facts have been declared through the principle of the rule of law which is the result of our nation’s reasoning about civilization. This interpretive theory teaches that the ideals embrace the principle of the rule of law creating a normative power, namely respect for rights and responsibilities in institutional practice of eradicating corruption and law enforcement.
The Novel case is an insult to the moral principle in the law. Conversely, the response to the case of the novel is the forms of seriousness of the principle. Such is the ethical argument to encourage the government and strengthen the anti-graft.
Written by Daniel Deha, Email: firstname.lastname@example.org