- Freedom of association / organization and opposition.
The rule of law according to this concept (rechtstaat) is placing the country as legal subjects, so the legal consequences can be prosecuted in court. While in the Anglo Saxon countries is not so, the rule of law according to the concept of Rule of Law, not put as legal subjects.
The concept of rule of law Indonesia set forth in its constitution, the 1945 Constitution is the basic law of the State, who finished as the highest law of the State in Indonesia. Under the 1945 Constitution there are different rules of law / peraturanperundang - invitation sourced and based on the 1945 Constitution In 1945 Indonesia also explicitly incorporate the principles of Rule Of Law as in Article 1 of the father (3) of the 1945 Constitution which reads "Indonesia is a country of law" contained in Article 24 paragraph (1) of the 1945 Constitution "Judicial power is an independent power to organize judicial administration to enforce the law and justice ". Article 27 paragraph (1) which reads "All citizens simultaneously kedudukanya in law and government, as well as to uphold the law and the government, without exception". In Chapter XA 1945 on Human Rights, contains 10 articles, among others, that every person has the right to recognition, security, protection and legal certainty, and equal treatment before the law (Article 28 D paragraph (1)), and e , Everyone has the right to work and to receive remuneration and fair and decent treatment in employment (Article 28 D, paragraph 2).
John Locke reveals the theory of separation of powers in his work entitled Two Treatises of Civil Government Education (1960), the core of the teachings of Locke are:
a. Legislative authority, the authority of forming laws;
b. Executive power, the power to implement laws;
c. Federative power, namely the power to conduct foreign relations and declare war and peace.
This theory was followed by Montesquieu, separating the powers of the state to be 3 and implemented by three state agencies, known by Trias Politica, namely:
a. Legislative authority, the authority of forming a law held by institutions of the legislators;
b. Executive power, the power to implement laws, typically carried out by the President or Prime Minister Men together ministers, sccara commonly called the government;
c. The judicial authority, namely the judicial authorities, usually carried out by the Supreme Court justice agencies clan other.
