The Importance of Rule of Law in Indonesia

Thus 1945 was not the ideology or theory of separation of powers that there is power sharing. the reason is as follows (before the implementation of the 1945 Amendment 1999 to 2003):

Article 2, paragraph 1, the membership composition of the MPR consisting of members of parliament along with representatives from the regions and groupings (1945 Article 2, paragraph 1).

Article 5, paragraph 1, Power Law-making carried out together with the president of the House of Representatives.

Explanation of Article 24, although delegate judicial power is independent power means that apart from the influence pemerintah.Disamping have executive power, the president has the power to establish Government Regulation.

The existence of the People's Assembly, as the executor of sovereignty, the highest state officials, and the president as the mandatory organizers highest government under the Flagship. This shows the division of power.

1945 is not only adopts Trias Politica in terms of functions or tasks, but also in the sense organs, because in 1945 there were more than three state agencies, namely the five highest state institutions and state agencies.

In 1945 opening paragraph 4, shows that the Government of Indonesia stipulated in the Constitution which guarantees the Indonesian nation prosper. Also in 1945 Explanation on the System of the State Government mentioned that the government is based on the constitution, is not absolutism.

The rule of law is the first element of the Rule of Law as proposed by Dicey. 1945 quite clearly stated law of the Republic of Indonesia put in place as a major power center in the country. In 1945 opening paragraph 4, in the body of Article 3, Article 4, paragraph 1, also in the explanation. Government based on the constitution (basic law), not absolutism (unlimited power).

In 1945 it is formulated in Article 27, paragraph 1, which reads: "All citizens are equal before the law and government and shall abide by the law and the government, without exception" .Ketentuan This may have reflected the principles of democracy, and not only just ensure equality in law, but also equality of rights and obligations in the political, social and cultural. This element indicates more democratic than the Rule of Law.

Act 1945 to be reviewed as a whole embraces all elements of state law, both according to the concept of the Continental European and Anglo-Saxon, with some criteria that are based on a world view and philosophy of life of the Indonesian nation. In the reality of Indonesia can be said to meet the requirements as a legal state. Preferment can be seen in state elements that Cita Pancasila and the naming of a typical "State based on law" by the fact that Indonesia created their own concept of state law based on the ideals of Pancasila state, universally Indonesia were also backs the general concept that exist in the European system Continental and Anglo Saxon