Moral Aspect on Law Enforcement in Indonesia: Prophetic Perspective
Siti Zuliyah, Triwahyuningsih

Ahmad Dahlan University

Abstract

The Law enforcement in Indonesia is still relaying upon positivism paradigm, which portrays that law is not coming from God or nature but coming from human. That argument is based upon the provision to separate law and moral, which make law out of the value of moral and religion, so that low has become the tool of instrumentalists, the mouthpiece of the law, and gavel tappers from the mentioned text formulated to power so that it is going too far beyond the sense of justice.
The purpose of this research: (1) Questioning the reason why moral is still required in the Indonesian law enforcement (2) Questioning on how law enforcement in Indonesia can fulfill the need of essential justice. This research used sociological and legal approaches by elaborating the law regulations outright moral and value content underlying law enforcement in Indonesia. The sociological approach was used to analyze cases in the law enforcement starting from inquiry, prosecution, and trial. This research point out that 1) law enforcement still need moral element because the greatest purposes of law is to attain a essential justice by putting human dignity as the most important basic values. The law enforcer should pay more attention on humanity principle, such as: truth, honesty, kindness, freedom, justice, and happiness. 2) law enforcement concept in Indonesia that can actualize the essential justice is the prophetic law enforcement, which combine between justice based on social value and religion for the ultimate goal to bring the benefit towards society.

Keywords: law enforcement, moral aspect, prophetic

Topic: Good Governance and Civic Engagement