Legal Reformation in Indonesia in a Glance
This article is talking about Legal Reformation in Indonesia. Legal reformation is a common word to mention the legal establishment in the reformation era in Indonesia. Reformation means to change old formation with the new one, or to re-format the old shape to the new one, from formation to formation such as regeneration that means from generation to generation. So, legal reformation means to re-build the old shape of legal formation with the new shape appropriate to the ongoing social condition.

The legal reformation in Indonesia is oftenly mentioned since the Reformation Era begun. The reformation era in Indonesia itself begun when the Soeharto regime (New Order Era) was finally come to an end in 1999 after his 32nd years in command. Soeharto was insisted to take the position off by the scholars / university student demonstrated at the People’s Consultative Assembly (MPR) and ask the president to leave behind the ‘crown’. Then, automatically Bacharuddin Jusuf Habibie the vice president raised to be a president substituting Soeharto’s last position.

The leadership of BJ. Habibie didn’t last for a long time, not even a year, although actually BJ. Habibie was the most frightening president, even America had no braveness to interfere Habibie’s policies because Habibie was smart, intelligent, diligent, and he had a faraway vision, he read the aim of other political rival so he might decided the other way to hold up the rival’s paradigm. Including the release Timor Leste case, he predicted by that time, it wasn’t the good thing for Timor Leste to release from Indonesia because there were many interference of foreign country. In his opinion, Timor Leste would only be the victim of misusing other political actor. The prime mines over there was not the good quality mines anyway. However, the mine was not sufficient to be the only source to the long lasting prosperity to whole Timor Leste people. Now, it is proven that the mine source in Timor Leste flow away to Australia because the surface under the sea is slope slightly to Australia. It is also proven the interfere aim of Australia, Habibie had already predicted this will be happened in the future, BJ. Habibie was about tried to say ‘if Timor Leste people keep insisting, so we got nothing to lose’. This policy that could not be understood by predominantly Indonesian people was one among reasons why the People’s Consultative Assembly (MPR) rejected Habibie’s responsibility report. Besides, Indonesian people though that Habibie had many things to do with Soeharto careerly or privately.

After Habibie’s time was up, then Abdurrahman Wahid (Gusdur) was in command. He’s the most controversial person but therefore he had a thousand followers here and there. Many of his policies contradicted. One of them was his will to disperse People’s Consultative Assembly (MPR). The time for Gusdur was finished eventually, then again, the vice president Megawati automatically raised up. She was the first female president in Indonesia. Nothing important nor incredible in her leadership. Everything was going ordinary. Some said it was not Megawati acted politically but her husband was ‘the man behind the gun’ or some also said ‘Megawati performance was kind of puppet show, there was someone with more important role behind the scene to decide where to go and what to do’.
Now it is time for Soesilo Bambang Yudhoyono (SBY). Reformation appears in everywhere, every field, every aspect. Including in legal aspect, some of new body was established for people wanted the transparency and clean governance. The constitution reformation amendment was held four times. It is unusual thing and contradictive because based on the constitution or state law, basically, constitution should not be reformatted. Furthermore, allegedly there are many interests influencing the amandment.

In this reformation era, as we can see, legal reformation initialed by the establishment of Judicial Commission, Constitutional Court and Corruption Raid Commission. To propose the supreme judges promotion is one of many tasks and authorities of The Judicial Commission due to its law. While according to the Constitutional Court one of many tasks and authorities Constitution Court is to examine laws issue upon the Constitution. The CRC’s task is to raid the corruption in Indonesia, many achievements already done by this commission. But the most popular case is BLBI scandal which involving General Attorney Urip Tri Gunawan, top management holder of Indonesian Bank, on top of that Mr. Aulia Pohan ‘the parents in law’ of Mr. President. It’s a hot issue till this time being.

But after all, the legal reformation that impacting to me directly is the reformation of the economic authority for religion judicature by the Law No. 3 year 2006 on Religion Judicature. Because I am the officer of Religious Court, I can feel this legal reformation in person. People use to file the economic dispute to the Public Court, but since the law issued, the economic disputes among Moslem people can now be filed to the religion court. This is a must, especially the fact that Islamic Bank or Bank Syariah widely spread all over Indonesia, like mushrooms growing in the rainy days. Anyway, there must be law / legal protection for all, all people, all field. Because justice for all. In November 2008, a Compilation of the Islamic Economic Law was issued by Supreme Court and legally prevailed. Next when I were a judge, I can solve the economic dispute among Moslem people and I will try my best to give the best, fair and correct resolutions. Amen. Legal reformation means a lot to me and my career in the future, because for the time being I’m just a religious judge candidate. May Allah make my way easier now and in the future. With the wish of god Allah, Amen.

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