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Jakarta Post

The trap of legal formalities and legal rhetoric

  • Mohamad Mova, Al `Afghani

    Jakarta

  /   Tue, November 24 2009   /  12:56 pm

Had enough of legal rhetoric? The case involving the Corruption Eradication Commission (KPK) deputies seems to be the culminating point of the escalating distrust toward our legal system. It appears, however, the word trust has no meaning for those in power. They keep reiterating the same old legal jargon and quoting legal provisions over again. Although the public eye are becoming disinterested. Indeed, the law is an independent and a self-referential system. Within its system, a law is valid if it is conferred by higher rules or affirmed by rules at the same level. "A sense of justice", "common sense", or "conscience" is considered irrelevant by some lawyers because these concepts exist outside the positive law. We heard the news of shoe-shining boys aged 10-16 years old, detained in state penitentiary for tossing coins at the airport. Ask law enforcers about it an...