Characteristics of the rule of law according to experts (Full discussion)

The characteristics of the rule of law according to the experts – On the previous occasion we discussed what it was about law, on this occasion About Knowledge will discuss about its characteristics, how is it explained? let's discuss together here.

The characteristics of the rule of law according to the experts

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

Before entering the characteristics of the rule of law, let's first discuss the meaning of the rule of law

Definition of the rule of law

The rule of law is a country that in carrying out a government based on applicable law. The rule of law itself is guided by the belief that in a state power must be carried out on the basis of just and good law. There are two elements that exist in the rule of law, the first is: a relationship between regulated sets that are not use violence, but with a norm of objectivity that applies, and is also binding on the party that power; The second is: objective norms which must meet a requirement that is not only formal, but can be maintained in order to handle a legal idea.

Definition of the rule of 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 state of law itself is a state 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. Bothlink

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

4. Prof. R. Djokosutomo, SH

He stated that in a constitutional state according to the 1945 Constitution, that is based on the rule of law. The law is sovereign. The state is a legal subject, in the sense of 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 in front of a court due to his unlawful actions.

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:

• Enforce the law
• Power sharing
• Protection against the presence of HA and to defend procedural drugs
• It is possible in the administration of justice

Elements of the Rule of Law

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

• Human rights are respected in accordance with a dignity and are worthy of being human
• The division of a power in order to guarantee a right
• In the government system, it is run by law
• The existence of a court in a dispute between the community and also from the government

Rule 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 essence is Rechstaat (State of Law)

Characteristics of the rule of law according to experts

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

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

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

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

A commission of judges belonging to International Commission of Jurits at the conference in Bangkok in 1965 formulated that the characteristics of a democratic government under the Rule of Law were dynamic. The characteristics include the following:

1. constitutional protection;
2. The judiciary is independent and impartial;
3.  Freedom to express opinions;
4. Free elections;
5.  Freedom of organization and opposition;
6. Civics Education (citizenship).

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

1. protection of human rights,
2. The 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, including:

1. The functions of the state are carried out by the relevant institutions in accordance with 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 run within their respective powers always and only obey based on the applicable legal basis.
4. Against an action by 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, 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, including:

1. There is a limitation of state power in each individual, which means that the state cannot act arbitrarily.
2. The principle of legality.
3. separation of powers.

Rule of Law Principles

• The principle of legality, which is a limitation on the freedom of citizens (government) which can be found based in the Act which is for a general rule. Common law also needs to provide guarantees (for the population) of arbitrary (government) actions, collusion, and various types of improper actions. In the exercise of power from government organs, the basis can be found which is contained in the law (formal law).
• Human Rights Protection.
• The government is bound by law.
• Government-imposed a monopoly to ensure in a law enforcement. 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 force someone who violates a law through the country's justice system. Public law with the principle of being able to impose government duties.
• Supervision by independent judges. 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 in an orderly manner in society in a country.

That's our explanation this time about The characteristics of the rule of law according to the experts. Hopefully it can add to your reference and be useful for all readers. Thank you