• Fri. May 27th, 2022

Rule of Law Concept


Oct 14, 2020
Rule of Law Concept

Talking about the Law is no longer commonplace in our understanding. Law is used as a tool for community integration so as to create an orderly society. In explaining the law as a means of integration, we have discussed modern law. It (law) is a reflection of humans so that how society can be nurtured and must work properly. The term rule of law (Rechstaat) was originally explained in the amendment to the fourth constitution which states, “Indonesia is a constitutional state”. In the concept of a rule of law, the law, not power, must be the commander. This is different from the jargon used in English which calls the principle of a rule of law “The rule of law, not a man”. Where what is referred to as in essence is law as a system.

In the journey of a state, we need to recognize the concept of a rule of law again that there were several philosopher figures who contributed their ideas to become benchmarks for later figures. Plato (429-374 BC) was a prominent philosopher and philosopher from ancient Greece. Plato’s ideas about the State and Law are explained in his books entitled “Politikos” and “Nomoi” which are termed in English as “the law.” Plato considered that in carrying out good governance, law must be a driving force in the form of a good regulation. Meanwhile, Aristotle (384-322 BC) who was a student of Plato said that a state that stands on law must be justice for its citizens. Justice is a society as the achievement of life for its citizens. The idea of a rule of law that is very close to Aristotle’s sense of “justice” makes the concept of an ideal state when justice has been achieved. And he also said that a good country should delegate power to the law according to the constitution and the rule of law.

In modern times, the concept of rule of law is known as the term “Rechstaat” which was developed in Continental European countries by Imanuelt Kant, Paul Leband, Julius Stahl and Ficte. While the next concept is the “Rule of Law” which is applied in countries such as Britain and America and other Aglo Saxon countries. Julius Stahl put forward the concept of a rule of law (Rechstaat) with the following characteristics:

  1. Protection of Human Rights
  2. Sharing of power
  3. Government based on regulations
  4. Administrative Justice

Whereas in the Rule of Law which is applied to countries with a commond law system such as Britain and the United States, it prioritizes the rights, obligations and degrees in a state before the law. This indicates the importance of human values that are upheld and that every citizen is considered equal before the law and is entitled to be guaranteed and protected by the state. The thing that is emphasized in the concept of Rule of Law is more on creating a sense of justice in the life of the nation and state. Where the people are able to get a sense of justice, legal certainty, a sense of security, and guaranteed human rights.

Albert Van Dicey put forward the concept of Rule of law with the following characteristics

  1. Supremacy of law
  2. Equality before the law
  3. Guaranteed human rights based on law.

In the beginning, we discussed the concept of a rule of law, especially in the Indonesian context, which is still a discussion about the concept used (rechstaat or rule of Law). As explained in the body, the rule of law (Rechstaat) is not based on mere strength (machstaat). However, if investigated in depth, it turns out that the four elements in the Rule of law were also adopted by Indonesia. As an explanation, the building of the Indonesian rule of law as stated in the constitution of our country has not fully clarified the conception of a constitutional state that is adherent. Because, if this is done, of course it will also clarify the foundation or basic framework for the administration of governance, which so far has not been fully felt by the concept of a rule of law. what kind of elements serve as benchmarks or parameters on the side of government administration. Therefore, in a country, it is necessary to understand that legal law is the driving force in carrying out integration in society and also the transfer of power or making law the commander. Where the law is able to create a sense of justice in the nation and state and create a sense of justice, a sense of security and the guarantee of human rights.