RECONSTRuCTION OF INVESTIGATION By THE POLICE BASED ON THE VALuES OF PANCASILA AND TECHNOLOGy
B. Investigation Based Values of Pancasila and Technology Investigation Based Values of Pancasila
Indonesia with nine country in ASEAN has aggreement together, ASEAN Economic Community (AEC). AEC has strongest and weakness. But in the age of globalization we must ready and strong with this challenges.
Life of the nation in the age of globalization, requires that the Indonesian people have a vision and outlook on life are strong enough to not be tottering in the middle of the international community. Indonesian nation must have nationalism and a strong sense of nationhood. This can be done not by a hegemonic power or ideology but rather an awareness of national and state rooted in the nation’s history.8
So historically that the values contained in each Pancasila before formulated and passed into the Indonesian state objectively historically been owned by the Indonesian people themselves. So that the origin of the values of Pancasila is none other than the Indonesian nation itself, or in other words the people of Indonesia as a materialist causes Pancasila. Therefore, based on objective fact historically Indonesian life can not be separated by the values of Pancasila. Consequently historically Pancasila in his capacity as the basic philosophy of the state and the nation and the state ideology rather than an ideology which controls the nation, but rather the values of the precepts of Pancasila was attached and is derived from the Indonesian nation itself.9
Pancasila values is contained in the Preamble to the Constitution of 1945 consisting of five chapters:
(1) Belief in God Almighty (2) Fair and Civilized Humanity (3) Association of Indonesia
(4) Populist Led by Wisdom Wisdom in Consultative Representatives (5) Social justice for all Indonesian People
The fifth sound Pancasila should be a guide for law enforcement, especially investigators in performing its duties. So that the investigation process is a series of activities is long, ranging from searching for and collecting evidence, prosecution, detention, seizure, examination, filing, submission of case files, evidence and suspects to the prosecutor, should not override the values of religious, humanitarian, nationalism, and justice. As the mandate of the holy book of the Qur’an in Surah Al-Maidah verse 8 which reads:
َ َ
َ
ٱ َِ ِ َء ٓاََُ ِ ِ ََِٰ ْاُُ ْاَُاَء ِ ِۡ ۡ
ََ َُِۡۡ َ ََو َٔ
َ َ ٍَۡ ُن
ْۚاَُِۡ َ
ْاُِۡ ٱ
َو ٰۖىَِۡ ُبَۡ َ أ َُ
ٱ ْاُ
َۚ ٱ نِإ ٱ َ
َنََُۡ َِ َُِۢ
َ َ
َ
ٱ َِ ِ َء ٓاََُ ِ ِ ََِٰ ْاُُ ْاَُاَء ِ ِۡ ۡ
ََ َُِۡۡ َ ََو َٔ
َ َ ٍَۡ ُن
ْۚاَُِۡ َ
ْاُِۡ ٱ
َو ٰۖىَِۡ ُبَۡ َ أ َُ
ٱ ْاُ
َۚ ٱ نِإ ٱ َ
َنََُۡ َِ َُِۢ
Meaning: O ye who believe, you shall be people who always uphold (the truth) for Allah, bearing witness with justice. And do not let the hatred of a people, encouraging you to do injustice.
Applies just: that is next to piety. And fear Allah, verily Allah is Aware of what you do. (QS. Al- Maidah: 8)10
8 Kaelan, MS, 2004, Pendidikan Pancasila, Paradigm, yogyakarta, page 12.
9 Ibid.
10 The Qur’an and its translation, 2010, al-Qur’anul Karim Ketentuan tajwid Dipermudah Menggunakan alat Peraga Kode Warna, Lautan Lestari, Jakarta, Indonesia and Islamic Book Service, New Delhi, India, page 85.
Improving the quality of law enforcement agencies such as the police (including investigator), prosecutors and judges are good, to uphold and enforce justice by God Almighty, promoting humanity just and civilized, priority to the unity of Indonesia, prioritize deliberation and consensus, and mengepankan social justice for all the people of Indonesia, it is necessary to change the mindset (mindset that affect working patterns) of law enforcement in Indonesia, namely in the following manner:
1. Improving the educational level both intellectually, spiritually and professionally for police.
Provide insight to law enforcement officials that in settling a lawsuit, which is enforced is not legislation, but that is enforced is justice based on God.
2. Improve the recruitment pattern, which should be based on improving the quality of education, closing the space rampant corruption, collusion and nepotism (KKN), supports professionalism.
Improving the quality of science (intellect) is also accompanied by spiritual and emotional intelligence. Science should be based on intellect (conscience, subjective sense), which directs the ratio (objective sense) to the establishment of a science that is based on the awareness and faith in God, because God is the absolute truth. Social sciences truth is relative, because in human beings apply the laws are often violated by the man himself.11 Thus, the relationship between science, faith and charity is a unified whole and had to walk in a balanced manner and in tandem, as well as the morality of the law enforcement agencies should also be noted that the realization of justice.
Investigation Based Technology
The era of globalization brings new direction for human civilization. Currently, digitization is also known as the era of limitless (the borderless of the world). Indonesian state along with 9 (nine) ASEAN countries entered a new phase in the ASEAN Economic Community (AEC). Disclosure of the flow of goods and services among ASEAN member countries is possible in improving and bervariatifnya type of crime. Criminal acts that use technology. This is the impetus for the investigator to further strengthen understanding and practice in the field of technology and information.
The aim is to facilitate the detective in performing their duties and functions in the process of inquiry and investigation. So more quickly, accurately, and with the times. Customer satisfaction (suspects, victims, complainants and the public) to be a priority. The goal is to better promote transparency (openness), empathy, justice, humanity, usefulness, and legal certainty.
In order optimalization use of technology, investigators (Criminal Unit) is expected to have a website or blog that can give an idea to the infringement on the progress of investigation of cases that are being handled. The development of information technology is growing rapidly these days,
CONCLuSION
1. The series of tasks of inquiry by the police investigation and regulated in Indonesian positive law, among other things regulated in Law Number 8 of 1981 on the Law of Criminal Procedure (Criminal Procedure Code), the Government Regulation (PP) Number 27 of 1983 on the Implementation of the Criminal Procedure Code and the Police Regulation (the Regulation) Number 14 year 2012 concerning the Crime Investigation Management.
2. The process of investigation in the era of globalization needs to be balanced with the basic values derived from the nation’s philosophy of Pancasila. The values on God (religious), just and civilized humanity, the unity of Indonesia, democracy, led by the inner wisdom of deliberations of representatives, and social justice for all Indonesian people. Basic values that is the expectation that the law may erect appropriate functions to bring about justice, expediency and legal certainty. In addition, globalization brings charges in optimizing the utilization of technology. Similarly, in the process of investigating the fulfillment of these demands become a necessity in order to meet the needs of people who want an investigation process that is fast, transparent, and accountable.
REFERENCES
The Qur’an and its translation, 2010, al-Karim Qur’anul terms tajwid It Simple Using Color Code Viewer tool, Publisher Ocean Lestari, Jakarta, Indonesia and Islamic Book Service, New Delhi, India.
Books:
Abu Husain Ahmad ibn Faris bin Zakaria, 1979, Mu’jam Maqayis al-lughah, Vol.1, Dar al-Fikr al-Thaba’ah li wa al-Nasyr, Beirut.
Adrianus Meliala, Aryanto Sutadi, G. Ambar Wulan, Heru Susetyo, Sagara Budi Harahap, 2013, Diskresi Kepolisian: Dalam tinjauan Hukum dan Implementasinya di Lapangan, Kompolnas, Jakarta.
Kaelan, MS 2004, Pendidikan Pancasila, Paradigm Publishers, yogyakarta.
Ministry of National Education, 2007, Kamus Besar Bahasa Indonesia, Third Edition, Publisher Balai Pustaka, Jakarta.
Ronny Hanitijo Soemitro, 1990, Metode Penelitian Hukum dan Jurimetri, Publisher Ghalia Indonesia, Jakarta.
Soerjono Soekanto, 1986, Pengantar Penelitian Hukum, University of Indonesia-Press (UI-Press), Jakarta.
Journals / magazines:
Adrianus Meliala, Wajah Polri Protagonis, Suara Kompolnas Magazine, Jakarta, August 2013 edition.
Ira Alia Maerani, “Philosophy of Science in Islamic Law Perspective”, Journal of Law, Volume xxxI No. 1, June 2015, ISSN 1412-2723.
Legislation:
Constitution 1945
Law Number 8 of 1981 on the Law of Criminal Procedure Code.
Law Number 2 of 2002 on the Indonesian National Police (INP).
Government Regulation (PP) Number 27 of 1983 on the Implementation of the Criminal Procedure Code.
Police Regulation (the Regulation) Number 14 year 2012 concerning the Crime Investigation Management