Talking about legal courtesy
means talking about how law becomes an instrument ruling law subject in
relations to other law subjects, according to principles based on good behavior
or conduct. On one side, legal courtesy reflects the existence of justice in
the law so that the law becomes an instrument ruling behavior of law subjects.
Therefore, legal courtesy is combination of justice values inherent in the text
of the law and orderly and law-abiding law subjects.
It’s important to feature
the discourse of legal courtesy here because numerous issues which should be
settled by law have spread to outside law corridor. Brawl, for instance, is an
example of action demonstrating bad behavior or misconduct. The brawl results
in two issues. Firstly, law, which should become a problem solving instrument
can do nothing. Law looses dignity. Secondly, it creates communities violating
law that express misconduct intentionally before the public. Brawlers later
loose courtesy.
Law is an instrument
changing society. Honorable law boosting the birth of civilized society and
enforced firmly is proven capable of changing behavior of presidents to become
more civilized. In Singapore, for instance, the application of law prohibiting
anybody from dropping rests of cigarettes randomly has been proven effective to
promote Singapore to become the cleanest country. The simple example indicates
that law encourages the birth of a civilized society demonstrated through order
in preserving environmental sanitation.
However, legal courtesy is
more than it. The legal courtesy should also be viewed from the side of law
consistency to realize the goal, wherein the accomplishment is determined
heavily by law enforcers. Law, which should create order but is not firm in
disciplining people destroying the order surely looses the courtesy. If
security apparatuses let brawl continue thus costing lives because they do not
want to face risks, such as the possibility of counter attack from brawlers
officers or other reasons, the apparatuses actually have taken part in
degrading the dignity of law and causing it to loose courtesy.
Legal courtesy may also be
observed from economic perspective. Any of the objectives of law is to enforce
certainly, called legal certainly. Law not guaranteeing the accomplishment of
the goal would become a serious problem and affect the growth of business
communities. To the best of our beliefs, legal uncertainly is the main reason
discouraging prospective investors to invest their capital in Indonesia.
Naturally, law should function to push the acceleration of economic
development. If law functions reversely, legal courtesy also covers
contribution of law to business in the country. Courtesy becomes important
because it is related to justice, namely economic and business opportunity. In
this point, legal courtesy may also be called as legal justice or justice-based
law.
Any of the other concrete
measures in building legal courtesy is to grant extraordinary authority to the
anti-graft commission (KPK) in combating corruption. A law is categorized as
uncivilized law if the law is powerless against elements (corrupters). If
parties have continued to raise their objection to diminish KPPK, it
constitutes an effort to enforce legal courtesy because every action toleration
corruption must be considered as a form of misconduct.
Business News - October 5, 2012
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