Supremacy of Law – In a group of people, especially the state, a law is needed.
Law has an important role to regulate society so that it can be orderly, safe, comfortable and
peaceful.
However, sometimes the role of law is not strong, so it still creates gaps in conflict in people’s lives.
Therefore, something is needed that can make the legal position stronger, so that it can achieve a
certain goal such as a more orderly, safe, comfortable and peaceful community life.
One thing that can strengthen the position of law in people’s lives is the rule of law. Where
in this case the legal position is considered to be in the highest position or rank in people’s
lives.
Perhaps you have often heard and know legal terms. However, only a few people know about the
term supremacy of law. No need to be confused if you don’t fully know about the rule of law.
Because, in this article, we will explain what the rule of law is in a more complete and
straightforward manner.
Definition of Law
Before we discuss about the rule of law. It would be better if we also discussed what law is.
Understanding the meaning of law can be the basis or foundation to make it easier to understand
what the rule of law is.
Law is a rule in the form of norms and sanctions made with the aim of regulating every human behavior,
maintaining order, justice and preventing chaos. The law also has the duty to be able to
guarantee that there is legal certainty in people’s lives. Therefore, the public has the right
to a fair defense before the law.
Law can also be interpreted as a written or unwritten rule or decree or provision to regulate life in a community
group and can provide sanctions for people who have violated the law.
Understanding the Supremacy of Law
In a rule of law there are three basic principles that must be applied. The three basic
principles are the rule of law (Supremacy of Law), equality before the law (Equality Before The Law), and
law enforcement in a way that is not against the law (Due Process Of Law).
As quoted from the official website of the Constitutional Court , it is explained that the rule of
law means efforts to enforce and place the law at the highest level. It is hoped that the
proper placement of the law in its place will provide protection to all people without any intervention
or interference from any party, including state administrators.
Therefore, the rule of law cannot only be marked by the existence of established legal rules, but must also
be accompanied by the ability to bind the rule of law. There is also another definition which
means that the rule of law is a form of law enforcement that is fair, independent and free.
Where this principle will be able to give birth to legal certainty which can lead to the birth of a political
culture that will be aware of and obey the law.
Definition of Legal Supremacy According to
Experts
The existence of the rule of law is not only as a protector of society. However, the existence
of the rule of law can also be used to maintain the integrity of this nation. Previously, we
studied together about the meaning of the rule of law in general.
Next, we will study together about the meaning of the rule of law according to experts. There
are several experts who express opinions related to the notion of the rule of law. The
following is an explanation of some of the opinions of experts related to the notion of the rule of
law.
1. Hornby. AS
Hornby.AS explains that the rule of law is the highest authority. If interpreted more broadly,
then the law should be in the highest position and have full power in regulating people’s lives.
2. Soetandyo Wignjosoebroto
Soetandyo Wignjosoebroto explained that the rule of law is an effort that is used to uphold and place the law in
the highest position that can cover all levels of society without intervention from any party, including from
the state administrators themselves.
3. Abdul manan
Abdul Manan explained that in terms of the rule of law, it can be interpreted as an effort or strategy used to
uphold and position the law in the highest position above all else and to make the law a commander or commander
in chief who can protect and maintain the stability of the life of the nation and state.
4. Charles Himawan
Charles Himawan explained that the rule of law is a trick to position the law so that it can function as a
commander or commander in chief.
The Purpose of Legal Supremacy
The existence of the rule of law certainly also has a goal to be achieved. Some of the
objectives of the existence of the rule of law are as follows.
- Preventing the practice of abuse of power by certain groups.
- Safeguard the community so that in exercising their rights they do not fall into actions outside the legal
boundaries. - Guarantee individual independence and place it as the basic principle of a social organization.
- Protecting human dignity and status and guaranteeing order and legal certainty for people’s lives.
In addition, the rule of law can also guarantee a sense of justice in accordance with the fifth
precept of Pancasila which reads social justice for all Indonesian people. - Maintain and maintain the moral values ​​belonging to the Indonesian nation.
- Creating a more democratic society and protecting the interests of society itself. For
example, such as individual rights in the state and society. - As one method that can make law enforcement officers able to carry out their duties not only to
protect and develop individual civil and political rights in a free society. However, it
can be used to organize and foster social, economic and population and cultural conditions in order to
realize people’s aspirations as well as to be able to develop the integrity of human resources.
Elements of Upholding the Rule of Law
Basically, the rule of law implies two things, namely to prevent the occurrence of practices of abuse of power
and to protect the community so that they can exercise their rights accordingly and not fall into actions
outside the law.
There are at least four important elements in a rule of law state which can characterize the upholding of
the rule of law itself. Some of these elements are as follows.
- There is a banquet that the government in exercising power is always carried out on the basis of law and
statutory regulations. - There is a guarantee of legal protection of basic rights.
- There is a division of state power that is clear, consistent, and fair.
- There is legal protection from the judiciary against acts of government.
The Principle of the Supremacy of Law
The principle of the supremacy of law is an element of law enforcement that is carried out strictly without
discrimination and obedience to the law is carried out by the community based on their awareness.
The implementation of the principle of supremacy of law can be implemented in the following
steps.
- The preparation and determination of legislation and public policies must be carried out in a coordinated
manner, prioritizing all principles of transparency, accountability and protection of human rights or human
rights. - Legislation and public policy must have value content that can support the establishment of the rule
of law. This will create legal certainty for the business world as well as the
public. - In implementing laws and regulations and public policies, all state administrators must be able to
carry out their respective duties in a more professional and honest manner. If this can be
realized well, it will be able to avoid corruption, collusion and nepotism. - Sanctions for violations of laws and public policies must be carried out in accordance with the provisions
that have been enforced. - State institutions must be able to ensure the functioning of legal institutions, human resources and
legal instruments. This is done in order to guarantee the realization of a cleaner state
administration and in accordance with the principles of the law itself.
The Principle of Upholding the Supremacy of Law
Upholding the rule of law in a country can work with several principles. Some of these
principles are such as the rule of law and constitutional principles. For more details related
to the two principles of upholding the rule of law.
1. Principles of the rule of law
The principle of the rule of law will teach if communication and social interaction consisting of various
elements of the community interact and transact to be able to achieve goals and aspirations together.
The order of life and communication between individuals in a community can refer to the rules of the game
that have been agreed upon and used as a form of reference and reference by many parties in conducting legal
relations and actions and not from parties who feel wronged or tyrannized. With the basis of
this concept, there will be no arbitrariness committed by various parties. Both law enforcers
and justice seekers.
This will be able to give birth to civil society, in which individuals as people or citizens have the same and
equal position before the law.
2. Constitutional Principles
The constitutional principle in a rule of law state will teach that the basis and reference used as a
guideline in society, nation and state is the constitution. So, the rights of citizens and the
human rights of each citizen can be guaranteed, protected and also protected by the constitution.
This principle can be realized by requiring law enforcement to be carried out absolutely by paying for
enforcement measures so that supremacy is not only a symbol.
Definition of the rule of law
After knowing what law and the rule of law is. Next we will study together related to the
notion of a rule of law.
A rule of law or also known as rechtsstaat or the rule of law is a country where every action is carried
out based on rules or in accordance with established laws. If there are individuals whose
actions violate the existing rules, then the individual is entitled to punishment because they are
considered to have violated the law,
In the 19th century, the term rule of law had begun to develop. According to Plato, a rule of
law state is a country that has aspirations to be able to pursue truth, decency, beauty and justice.
Meanwhile, according to Aristotle, the rule of law is a state that stands on a legal basis that can guarantee
justice for all its citizens.
Characteristics of the rule of law
The rule of law also has several characteristics in it. By knowing the characteristics of a
rule of law country, of course you will also more easily understand what a rule of law is.
Below are the characteristics of a rule of law state.
1. Systematic state administration system
The first characteristic of a rule of law state is the existence of a constitutional system that can
systematically regulate the state. Each institution formed will have its own functions and
duties which aim to help run the government in the country. This is done so that it can comply
with the rules that have been previously set.
In Indonesia, it can be seen that there are institutions that have their respective duties, such as the People’s
Representative Council (DPR), the People’s Consultative Assembly (MPR), the Judicial Commission (KY), the
Supreme Court (MA), and institutions in other regions.
2. Law as a Reference in All Fields
The second characteristic of a rule of law country is that the country makes law a reference or benchmark
in various fields or commonly known as the rule of law. The characteristic of this rule of law
state is the form of efforts to establish law in the highest place as a means of protection for society
without any intervention or abuse of law, including from state officials.
3. There is Protection and
Recognition of Human Rights or Human Rights
The third feature of a rule of law state is the protection and recognition of human rights or human rights.
This characteristic of recognizing and protecting human rights is one of the most important
characteristics. Human rights themselves are the most basic and fundamental rights.
As for those who violate human rights will be punished strictly.
4. An impartial
justice system and equality before the law
The fourth feature of a rule of law state is the existence of an impartial justice system.
This judicial system will include judges and prosecutors as well as members of the judicial
administration determined by applicable law.
Apart from only the central court, an independent and impartial justice system also applies to regional
courts. Justice must indeed be carried out in accordance with the law that has been determined
and applied equally. This will create no point of one-sidedness between the people and state
officials.
5. There is a clear division of powers
The next feature of a rule of law state is the existence of a clear division of powers. This
division of power will uphold democratic values. Each institution will have its own duties and
functions where it is hoped that there will be no overlapping.
If there is a problem or conflict, then the competent authority can apply a more appropriate law.
As stated by the famous figure John Locke, if power can be divided into three, namely legislative,
executive and judicial.
6. The existence of Criminal and Civil Courts
Next is the existence of criminal and civil justice. Criminal justice is a court that will
deal with law violations that have involved many people. Meanwhile, the civil court will deal
with law violations involving individuals.
7. There is Legality in the Meaning
of a Law Itself
The last feature of a rule of law state is legality. Legality in law is a fundamental
principle to be able to maintain legal certainty itself. This legality principle will be
established which will then be used to protect all individual interests.
Legality will also provide limits on authority for state officials to be held accountable for their actions when
they violate existing laws.
That is the explanation of the rule of law and the rule of law. The rule of law is so
important because it can place the law in the first ranking position which has the aim of being able to
provide protection to the whole community without any interference from any party including from the state
administrators themselves.
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