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Frans Hendra Winarta
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Law, Crime, Criminology & Criminal Justice

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Bagaimana Keluar dari Masalah, Hukum Impoten, Korupsi Omnipoten Winarta, Frans Hendra
LAW REVIEW Vol 1, No 2 (2001)
Publisher : Pelita Harapan University

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Abstract

Corruption occurs whenever a judge or court officer seeks or receives a benefit of any  kind in respect of an exercise of power or other action. Such acts usually constitute criminal offences under national law. Examples of criminal corrupt conduct are : bribery, fraud, utilisation of public resources for private gain, deliberate loss of court records, and deliberate alteration of court records. Corruption also occurs when instead of proceedings being determined on the basis of evidence and the law, their outcome is affected by improper influences, inducements, pressures, threats, or interference or directly or inderectly, from any quarter or for any reason including those arising from : a conflict interest; nepotism; favouritism to friends, or a particular association or institution; consideration of promotional prospects; consideration of post retirement placements; improper socialisation with members of the legal profession, the executive, or the legislature; socialisation with litigants, or prospective litigants; predetermination of an issue involved in the litigation; prejudice; and having regard to the power or desire of goverment or political parties; or other pressure groups. Corruption is so large and nearly all of it happens in Indonesia because the law is impotent. Is there any medicine or is it still posible cured ? It is nothing imposible. 
Non-indigenous People (non-pribumi) and the Indonesian Legal System Winarta, Frans Hendra
LAW REVIEW Vol 2, No 3 (2003)
Publisher : Pelita Harapan University

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Abstract

Everyone, especially indigenous people, has a particularly strong claim under the Universal Declaration of Human Rights to keep his own cultural traditions. Article 27 paragraph (I) of Universal Declaration of Human Rights. Indigenous people have been regarded as an emerging object of international law, although it may be more logical to regard them as one class of minority group which has a particularly strong claim for fair treatment from a nation state with a majority of settler descendants. Indonesia has no specific definition of indigenous people; however, it regards its citizens as either  indigenous or non-indigenous people. It is a debated issue that the group of ethnic Chinese, as a minority group of non-indigenous people in Indonesia, are often treated unfairly compared to the indigenous people. This paper will briefly explain how the ethnic Chinese struggle for their basic rights in Indonesia. Furthermore, it will discuss the specific laws and regulations intended to have the effect of creating of perpetuating racial discrimination and what the impact of these are on the process of Indonesian nation building. Finally, the writer draws some conclusions. 
Sejarah dan Modus Operandi Mafia Peradilan di Indonesia Winarta, Frans Hendra
LAW REVIEW Vol 2, No 2 (2002)
Publisher : Pelita Harapan University

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Abstract

Do you really care about justice in Indonesia? We have laws requiring judges and prosecutors to produce justice, but there is no enforcement to make them obey the law.  Judicial defects and corruption that convicts innocent people instead of criminals means more criminal walking free, more crime and more risk to you and me. The same miscarriage of justice atrocities happen in civil court and it can rob you of every thing you own. Corruption is systemic when a government agency only supplies a public good or service if an otherwise unwilling transfer of wealth takes place from an individual or firm to the public sector through bribery extortion, fraud or embrezzlement. Rose-Ackerman states that "wide spread corruption is a sympton that the state is functioning, poorly" Do you agree ? 
Dimensi Moral Dalam Profesi Advokat dan Pekerjaan Bantuan Hukum Winarta, Frans Hendra
LAW REVIEW Vol 2, No 1 (2002)
Publisher : Pelita Harapan University

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"Profesionalism without ethics results in "Free winged" (vleugel vri). It means that such professionalism will lead to the absence of orientation and direction. In contrary, ethics without professionalism result in "broken winged" (vleugel law), meaning that such ethics will never develop and fail to stand upright.3  There issues of law and justice are no longer dealing with technical-procedural issues in determining whether or not an action is challenging the prevailing laws or the Indonesian tenet law. Current issues in this third world go beyond them and concern more on preparing what are not yet available and adapt with those which fit the legal tranplantation process within the development process of new economic order. This paper will further see the moral dimensions of the profession of lawyers and legal advisors which closely related to meanings, functions and the roles of lawyers including the ethical codes which govern the profession. 
Ethnic Chinese in Indonesia Winarta, Frans Hendra
LAW REVIEW Vol 1, No 3 (2002)
Publisher : Pelita Harapan University

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Abstract

In May 1998 riots, it was reported that 1200 people killed and more than 160 women gangraped. The victims are ethnic Chinese. The May 1998 riots are inhuman. The protection of a citizens life is a right of every citizen guaranteed under the Indonesian Constitution. Article 281 paragraph 2 of 1945 constitution states that "Everyone has the right to be free from any discriminative action on whatever basis and is entitled to a protection from such discriminative action." This provision should annul the discriminative laws and regulations. Any laws and legislations repugnant to it should be considered void. This will accelerate the integration of the ethnic Chinese. A serious, clear and conducive agenda on implementing legal reform must be continued to pull up by the roots all discriminative provisions. 
Mengukur Kekuatan Komisi Antikorupsi Winarta, Frans Hendra
LAW REVIEW Vol 1, No 1 (2001)
Publisher : Pelita Harapan University

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Abstract

The Indonesia governments first attempt to curb corruption occurred after the 1955 election. It resulted in the arrest of those involved, including civil servants and a minister. In June 1968, Suharto assigned the task of tackling corruption cases to the Team Pemberantasan Korupsi (Corruption Eradication Team) which was, how ever,  ineffective because its efforts were blocked by influential men in the regime. Student protest in January 1970 and press criticism of government corruption resulted in the appointment of a special Commission on four elder statesmen (Komisi IV) by Presiden Suharto to review the problem of corruption within the civil service and to make recommendation for improvement. This commission presented seven reports on those agencies and area that were judged to vulnerable to corruption to Presiden Suharto from February to June 1970. Perhaps the most important consequence of these reports was the passing of the Preventive Against Corrupt Criminal Acts Bill in 1971 which than to be Corrupt Criminal Acts Eradication Act No. 3/ Year 1971. Previously, corruption was dealt with as a crime under the criminal code. Though there was corrupt criminal acts eradication law, corruption remained a serious problem and became institutionalized in Indonesia (WWW. Asiamedia. ucla. edit). In 1999, UU (Act) No. 3/ Tahun 1971 was replaced by UU (Act) No. 31/ Tahun 1999 and according to section 43 (I) ofUU (Act) No. 31/ Tahun 1999 Indonesia should have Commission of Corrupt Criminal Acts Eradication within two years after the law effective. What is Commission of Corrupt Criminal Acts Eradication? This is the story. 
Hambatan Sosial Budaya Dalam Pembauran Masyarakat Tionghoa Dengan Masyarakat Lokal Winarta, Frans Hendra
LAW REVIEW Vol 4, No 1 (2004)
Publisher : Pelita Harapan University

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Abstract

More than twenty discriminatory laws and regulations are still in force, some of them dating from the Dutch colonial administration, many of them from early years of Soeharto s New Order government. Some of them are: 1. "Policy for Resolving the Chinese Issue", Cabinet Presidium Instruction No. 37/V/IN/6/1967; 2. Presidential Instruction No. 14/1967 on "Chinese Religion, Beliefs, and Traditions "; 3. Home Affairs Ministry No. 455.2-360/1968 on "Regulation of Temples "; 4. Circular of Director General for Press and Graphics Guidance in the Ministry of Information No. 02/SE/Ditjen-PPGK/1998 on "Banning the Publication and Printing of Writings and Advertisements in Chinese Characters or the Chinese Language"; 5. Instruction of the Ministry of Home Affairs No. XOI/1997 on "Implementing Instructions for Population Registration " and the confidential instruction No. 3.462/1/755.6 of the Jakarta government dated January 28, 1980 both authorized special codes to be put on identification cards indicating ethnic Chinese origin; 6. Cabinet Presidium Circular SE-06/Pres-Kab/6/1967 on "Changing the Term China and Chinese " obliges Indonesians to drop the use of the term "Tionghoa " (as ethnic Chinese refer to themselves) and replace it with the term "china" (then a derogatory term). (http://www. hrw. org/reports98/indonesia3/discriminate, html) The discriminatory laws and regulations are in fact oppressing the life of Chinese ethnic custom in Indonesia. It is against human rights, especially cultural rights.
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