Abstract
Political crimes are deemed to be problem, especially regarding their enforcement. Positive law has been set but the political crimes continue to occur. It is presumably caused by unpreparedness of the supporting factors to compensate for sophisticated and varied political crimes, criminal sanctions and a weak political will. As a result, there is a gap because of the breach of the law principles itself. Accordingly, it is necessary to study whether the positive law enforcement can reach all kinds of political crimes, how the criminal policies are formulated and the constraints and solutions to be pursued. In exposing the above issues, this research is descriptive analysis using normative juridical method. Their validity are checked through triangulation examination technique and then analyzed by qualitative analysis. The results revealed that political crimes are crimes against public interest and the occurrence process relates with the power and political activity as their means. If the power and political activity are synergized and strong, the political crimes will find their perfection. Positive law is essentially the result of a series of political processes. Consequently, any enforcement effort of positive law on political crime cannot be completed because political crime always coincides with high-tech, high management and high politic beyond the boundaries of reality (law, morality, culture and common sense). It then develops into a discourse that is planned, organized and controlled to be untouched and unreached crime. Meanwhile, positive law works in a linear-mechanistic way based on doctrine of Legal Positivism or Rechtsdogmatiek by promoting criminal policy in the form of penal policy that in reality had lost much of its authority.
Highlights
One of the legal problems which is always interesting to be criticized is concerned with the law enforcement of the Crime of Politics, either in its pure form as a political crime directly striking on the ideology of the state or as an ordinary crime committed by politicians or political functionaries or a crime in their political activities as an intermediary before entering the goal of a state’s ideology
The enforcement of the positive law above is not yet effective to overcome many kinds of political crimes nowadays. It is still hidden behind the economic power such as bribery, kickbacks, tax evasion, credit fraud or the most frequent crimes are embezzlement and misappropriation of public funds7. Those are crimes which are unreachable by law because such crimes are invisible, whereas they are more sinister than ordinary crimes which have strong political background and dominantly integrated with political process
The implementation of the law enforcement against the political crime is formal-legalistic which means that everything must always be in accordance with the legislation in line with the character of law which is static
Summary
One of the legal problems which is always interesting to be criticized is concerned with the law enforcement of the Crime of Politics, either in its pure form as a political crime directly striking on the ideology of the state or as an ordinary crime committed by politicians or political functionaries or a crime in their political activities as an intermediary before entering the goal of a state’s ideology. The reason is that the type and form of the positive criminal law in the Penal Code of Indonesia (KUHP) or spread in the regulation outside the Penal Code of Indonesia (KUHP) at the stage of implementation of the enforcement often encounter obstacles which include political pressure, the social pressure, as well as a variety of reasons outside the law (politically motivated) resulting in the escape of perpetrators of political crimes from the (positive) law. How great the law is toyed with a series of simulation as if a crime does not occur because it is wrapped with the duplication above duplication (simulacra) which in turn the authentic truth become invisible, untouchable and unreachable.
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