The Principles Of Legal Countries Implemented In Indonesia Are Mandatory To Understand

Illustration (Pixabay/@succo)

YOGYAKARTA - The principle of a state of law applied in Indonesia emphasizes that all aspects of life of the nation and state must be carried out based on law. This provision is clearly stated in Article 1 Paragraph (3) of the 1945 Constitution which states that Indonesia is a state of law.

As a state of law, Indonesia places the law as the highest power in order to create order and social justice. This principle is an important pillar so that the state runs according to the rules and does not rely on absolute power. The following will be discussed various aspects regarding the principles of a state of law in Indonesia.

A state of law is a country that makes law the highest basis and power over all institutions. In a state of law, all forms of government action must comply with applicable legal rules. This concept is important so that there is no abuse of power that harms the people.

The principle of a state of law applied in Indonesia aims to ensure security and public order. The law functions to regulate social life, provide boundaries for the rulers, and protect human rights. Thus, the law is present as a guardian of non-favorable justice.

The concept of a state of law is the result of a long historical development. This idea emerged since the 17th century when Europeans began to oppose the absolute rule of the king. They want power limited by law to protect the basic rights of citizens.

Each country has different characteristics in implementing the concept of a state of law. This is influenced by the history, culture, ideology, and political structure of each nation. Therefore, the types of legal countries in the world are also diverse and cannot be equated.

Indonesia's legal state makes Pancasila the main source of all laws. Pancasila values form the basis for all laws and regulations and state administration. This makes the Indonesian legal system have characteristics that other countries do not have.

According to Azhary in the book State of Indonesian Law, the Analysis of the Normative Yuridis on its Elements, the characteristics of Indonesian law countries include close relations between religion and state, and based on the principles of One Godhead.

Indonesian law guarantees freedom of religion in a positive sense, but does not provide space for atheism and communism. In addition, the principle of kinship and harmony is an important foundation in the social life of the Indonesian nation.

The principle of a state of law applied in Indonesia becomes the foundation in state administration. This principle ensures that all actions of state institutions and society must be based on law. Reporting from the website of the UMSU Faculty of Law, here are the principles of a state of law applied in Indonesia.

Pancasila as the basis of the state is the main source of the entire legal system in Indonesia. Every legislation must reflect the values of God, humanity, unity, democracy, and social justice.

The principle of people's sovereignty emphasizes that the highest power is in the hands of the people. The general election mechanism is the main means for the people in determining the direction of government and choosing their representatives. Through the participation of the people, Indonesian law countries run democratically.

Indonesia adheres to a system of government whose entire power is limited by the constitution. Every action of the government must follow the rules contained in the 1945 Constitution so that there is no abuse of power. With the constitution, clear control is created against the running of the government.

Article 27 Paragraph (1) of the 1945 Constitution guarantees that every citizen has the same position before the law. This principle ensures that there is no discrimination based on ethnicity, religion, social status, or position.

The Indonesian legal system emphasizes the importance of independent justice power. Judges and judiciary should not be influenced by political interests or pressure from other state institutions. Judicial freedom is needed to ensure justice and integrity of court decisions.

The process of making laws is carried out through cooperation between the President and the DPR. This mechanism reflects the checks and balances system so that no party monopolizes legislative rule. Thus, the resulting law can be more democratic and in accordance with the needs of the community.

Indonesia adheres to a presidential government system, in which the President acts as head of state as well as head of government. This system provides stability in the implementation of government. In addition, the division of executive power becomes clearer and more directed.

The main goal of law in Indonesia is to protect the entire nation and advance public welfare. This is in line with the mandate of the Preamble to the 1945 Constitution which prioritizes social justice for all people.

Article 28A-J of the 1945 Constitution stipulates human rights and basic human obligations. These rights include the right to life, freedom of opinion, education, and protection from discriminatory actions. With this, the state of Indonesian law places human dignity as the center of state administration.

This is the discussion of the principles of a state of law applied in Indonesia. By understanding these principles, the public can play a more active role in guarding law enforcement and maintaining the quality of Indonesian democracy.

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