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Characteristics of a Rule of Law According to Experts

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Characteristics of a Rule of Law According to Experts - On the last occasion we have discussed what it is law, on this occasion About Knowledge will discuss about its characteristics, how is the explanation? let's discuss together here.

Characteristics of a Rule of Law According to Experts

The rule of law state that emerged in the 19th century was a formal rule of law state or also known as a rule of law country in a narrow sense. The rule of law is the meaning of the term Rechtsstaat or Rule of Law. The term Rechtsstaat itself was given by legal experts from Continental Europe. Meanwhile, the term Rule of Law itself was given by legal experts from Anglo Saxon.

Before entering the characteristics of a rule of law state, let us first discuss the meaning of a rule of law state

Definition of the rule of law

A rule of law state is a country that runs a government based on applicable law. The rule of law itself is guided by the belief that in a state power must be exercised on the basis of fair and good law. There are two elements that exist in a rule of law state, the first is: a relationship between sets that are not regulated use violence, but with a norm of objectivity that applies, and is also binding on the party that powerful; The second is: an objective norm which must fulfill a condition that is not only formal, but can be maintained in order to deal with a legal idea.

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Definition of State Law According to Experts

For more details, let's look at the discussion from experts regarding the meaning of the rule of law.

1. Aristotle

Namely that the rule of law itself is a country that stands above the law which guarantees justice for its citizens.

2. Hugo Krabbe

Namely that the rule of law (rechtsstaat) every action of the state must be based on law or can be accounted for in law.

3. F.R. Bothlingk

it states which is De staat, waarin de wilsvrijheid van gezagsdragers is beperkt door grenzen van recht (the state, which in the free will of the power holder is limited by the provisions of a law).

4. Prof. R. Djokosutomo, SH

He stated that the rule of law according to the 1945 Constitution is based on the rule of law. The law is sovereign. The state is a legal subject, in the sense of a rechtstaat or a republican legal entity. Because the state itself is seen as a legal subject, so that if he is guilty he can be prosecuted before the court because of his actions that violate the law.

5. Prof. Dr. Ismail Suny, SH., M. CL,

In the brochure "Mechanism of Pancasila Democracy" he stated that the Indonesian legal state includes several elements which include:

  • Uphold the law
  • Power sharing
  • Protection against the existence of HA as well as to defend procedural medicine
  • This makes it possible in the administration of justice

Elements of the rule of law

The following are some of the elements contained in a rule of law, including:

  • Human rights are respected in accordance with a dignity and worthy as human beings
  • Division in a power to guarantee a right
  • In the government system run by law
  • The existence of courts in a dispute between the community and also from the government

Country of Law Type

  • Type Anglo Saxon (English, American), which is the Rule of Law
  • Continental European Type (Germany, Netherlands, Belgium, Scandinavia), which is based on the rule of law (Rechtsouvereiniteit); The point is Rechstaat (State of Law)

Characteristics of a rule of law according to experts

In the opinion of legal experts from Continental Europe Friedrich Julius Stahl, the characteristics of Rechtsstaat include:

  1. human rights (HAM)
  2. The division of powers in order to guarantee human rights is commonly known as the Trias Politica.
  3. Government based on rules.
  4. Administrative justice in dispute.

Av Dicey who are from Anglo Saxon legal experts provide the characteristics of the Rule of Law including:

  1. The rule of law, there is no arbitrariness, so that a person can only be punished if he violates the law.
  2. Equal standing before the law. Both ordinary people and officials.
  3. Human rights themselves are guaranteed in laws and court decisions.

A commission of jurors joined from International Commission of Judgess at a conference in Bangkok in 1965 formulated that the characteristics of a democratic government under the dynamic Rule of Law. Among the characteristics are as follows:

  1. constitutional protection;
  2. Its judiciary is free and impartial;
  3.  Freedom to express opinions;
  4. Free general elections;
  5.  Freedom in organization and opposition;
  6. Civics Education (citizenship).

Montesquieu. He argues that the best country is a rule of law country, because in a rule of law country there are constitutions in many countries which contain three main cores, namely:

  1. protection of human rights,
  2. Stipulation of the constitution of a country, and
  3. Limiting the power and authority of state organs.

Franz Magnis Suseno he argues that there are five characteristics of a rule of law state, including:

  1. The functions of the state affairs are carried out by the relevant institutions according to the Constitution.
  2. The Constitution guarantees the most important human rights. Because if there is no such guarantee, then the law will become a means of oppression.
  3. State agencies that carry out their respective powers are always and only obey based on the applicable legal basis.
  4. Against an action of a state agency, the public can complain to the court.
  5. The judiciary is independent and impartial.

Mustafa Kamal Pasha (2003) he argues that there are three characteristics in a rule of law state, including the following:

  1. Recognition and protection of Human Rights
  2. The judiciary is free from the influence of other powers and the court is also impartial
  3. Legality which means law in all its forms

Prof. Sudargo Gautama he argues that there are three characteristics of a rule of law state, namely:

  1. There are restrictions on state power in each individual, which means that the state cannot act arbitrarily.
  2. Legality principle.
  3. Separation of powers.
Characteristics of a rule of law state according to legal experts

Principles of the rule of law

  • The principle of legality, which is a limitation on the freedom of citizens (government) which can be found in the law which is a general rule. Common law also needs to provide guarantees (to the population) for arbitrary (government) actions, collusion, and all kinds of wrongdoing. In the exercise of power from government organs, the basis can be found which is contained in the Act (formal law).
  • Protection of human rights.
  • The government is bound by law.
  • The government-imposed monopoly in order to ensure an enforcement of the law. The law must be enforced, if the law is violated.• The government must also ensure that there are no juridical instruments in law enforcement. The government can also coerce someone who violates a law through the country's justice system. Principled public law in order to enforce government duties.
  • Supervision by an independent judge. The law of profit that cannot be displayed, if the legal rules governing the organs are only implemented. Therefore, every rule of law requires an oversight by an independent jury.

The law that exists in a country is very important in order to regulate the people to be orderly in society in a country.

Thus our explanation this time about Characteristics of a Rule of Law According to Experts. Hopefully it can add to your references and be useful for all readers. Thank You ?

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