Respond to The Importance of The Rule of Law

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:

1. Starting the idea to limit the power of the State government.

2. Suggestions were selected for this purpose is Constitutional Democracy.

3. Formulation of Juridical and Constitutional Democracy is a concept of constitutional state.

Rule of law is a law legalism which implies the idea that justice can be served through the creation of regulatory systems and procedures are objective, impartial, impersonal and autonomous

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 and egalitarianism. Rule of law is the rule by law instead of rule by the man.

Justice must apply to everyone, hence was born the doctrine of "Rule Of Law". According to (Fried Man, 1959) The rule of law is the doctrine of the spirit and ideals of justice. Rule of law distinguished between:

1. Definition of formal (in the formal sence) which organized public power or public power is organized, such as country

2. Understanding the essentials (ideological sense) are closely related to uphold the rule of law because it involves legal measures of good and bad.

However, it is recognized that it is difficult to provide an understanding of rule of law, but the point remains the same, that the rule of law should guarantee that obtained the relevant community or nation is seen as justice, particularly social justice (Sunarjati Hartono, 1982).

Rule Of Law as a social institution has its own social structure and culture memperakar own (Satjipto Raharjo; 2003). Rule Of Law grew and developed hundreds of years along with the growth of European society, so that social and cultural memperakar Europe, not a neutral institution.

      According to Philip M.Hadjon, that the law states that according to Dutch terminology rechtsstaat born out of a struggle against absolutism, that of the king's power arbitrarily to create a state based on a undanagan laws. Therefore, in the development process rechtsstaat it is characterized by a revolutionary.

      According to Friederich J.Stahl, there are four main elements to the establishment of a rechstaat, namely:

1. Human rights

2. The separation or division of power to ensure the rights of the

3. Governance is based on regulations

4. Judicial Administration in dispute

Movement of people who wish that the power of the king and state officials should be limited and regulated through a legislation and implementation in conjunction with all laws and regulations that are often termed Rule Of Law.