Rule Of Law that comes from the experience of constitutional democracy in Europe - 19th century and to - 20. The Rule Of Law is a concept put forward by Albert Venn Dicey in 1885 that poured in a book entitled "Introduction To The Study Of The Law Of Constitution ". The Rule Of Law started to become the study of law in developing countries, including Indonesia who choose to become a state law that is written in Article 1, paragraph 3 of the 1945 Constitution which reads "Indonesia is a State of Law". Simply put, is the State of Law is a country operation of government powers and agencies - other institutions in implementing any action should be guided by law and legally defensible. In a state of law, the power to run the government based on the rule of law which aims to organize the order hukum.Oleh Therefore, the State of democracy in dasarnyaa dalah State law.
Rule of law is a common law concept of all aspects of the country that upholds the rule of law is built upon the principles of justice
Elements of rule of law by A.V. Dicey consists of:
- Supremacy of the rule of law.
- The position of the same in the face of the law.
- Ensuring human rights by legislation and judicial decisions.
The basic requirements for the implementation of democratic governance under the rule of law are:
- The existence of constitutional protection.
- The judiciary is independent and impartial.
- Elections are free.
- The freedom to express opinions.