I strongly agree with the rule of law because of intrinsic (material) is closely related to the implementation of legal provisions concerning the governance, especially in law enforcement and the implementation of the principles of rule of law. Based on the experience of different countries and the results of the study, indicating the success of "the enforcement of the rule of law" depends on the national identity of each nation.
It is supported by the fact that the rule of law is a social institution that has a distinctive sociological structure and has a distinctive cultural roots as well. Due to be legalism then contains the idea that justice can be served by making regulatory systems and procedures are deliberately be objective, impartial, impersonal and autonomous.
In quantitative terms, the legislation related to the rule of law has been widely produced in Indonesia, but its implementation bellum achieve optimal results so that a sense of justice as an embodiment of the implementation of rule of law is felt by the public. Foundation that Indonesia is a country of law, this seldom as clearly stated in Article 1 (3) UUD 1945 the third amendment, which reads "State of Indonesia is a country of law".
The inclusion of this provision in the 1945 Constitution shows the growing strength of the legal basis as well as being mandated by the State, that Indonesia is a country of law. Other base that may be invoked is that Indonesia was largely rule of law in the sense of material contained in the articles of the 1945 Constitution as follows:
a. In Chapter XIV of the State's economy and social welfare in article 33 and article 34 of the 1945 Constitution, which asserts that the State's public welfare.
b. In the general description of the main ideas in the preamble also stated the need to participate in public welfare. [5]
Establishment of Rule Of Law
The background of the establishment of the rule of law in Indonesia begin with an idea to limit the power to govern the state, constitutional democracy. The formulation of the juridical and constitutional democracy. In the 19th century rule of law emerged as a legal doctrine and with it also appears the State constitution and democracy.
In Indonesia, the core of the rule of law is the guarantee of justice for the people, especially social justice. 1945 opening incorporate the principles of rule of law, which was essentially a formal guarantee against the "sense of justice" for the people of Indonesia. In other words, the opening of the 1945 Constitution guarantees the rule of law in the preamble of the 1945 Constitution is permanent and instructive for state officials, since the opening of the 1945 Constitution is the basic fundamental principle of the Unitary Republic of Indonesia.
Civil society is a condition of a community far away from the monopoly of truth and power. Truth and power belong together. Every member of civil society can not be pressured, intimidated, harassed liberty, increasingly deprived of democracy and the like. Therefore, the struggle for civil society is essentially a long process and product history that is eternal, and perrjuangan against injustice and deminasi rulers become the main characteristics of civil society.
Background birth Rule of law: