July 14, 2024
This is the Secret of the Principles of the Rule of Law Applied in Indonesia!

Indonesia is a rule of law country that upholds legal principles in carrying out all aspects of national and state life. The principle of the rule of law is not something foreign to Indonesian society, but sometimes it still requires in-depth understanding to be able to implement it properly. In this article, we will discuss further the principles of the rule of law applied in Indonesia.

1. Rule of Law

Supremacy of law is a basic principle in a state of law which means that the law applies as the holder of the highest power, including for the government. This means that all government actions must be based on law and must not conflict with applicable law. In Indonesia, the supremacy of law is guaranteed in Article 1 paragraph 3 of the 1945 Constitution which states that Indonesia is a state of law.

The enforcement of the supremacy of law in Indonesia is realized through an independent judicial institution, namely the Supreme Court as the highest court institution. The Supreme Court has the authority to enforce the law and protect justice for all Indonesian people.

2. Sovereignty of Law

Rule of law is a principle that confirms that state power is limited by law and can only be exercised in accordance with applicable legal provisions. This means that the state is sovereign in the sense of its power but remains subject to law as a regulator. In Indonesia, legal sovereignty is regulated in Article 1 paragraph 3 of the 1945 Constitution which states that state power is exercised based on the constitution.

The rule of law also refers to the principle that a country must obey international law in its relations with other countries. This shows that Indonesia as a sovereign country must also be subject to the rules of international law that have been ratified.

3. Protection of human rights

Protection of Human Rights (HAM) is an important principle in a state of law that guarantees that every individual has rights that cannot be violated by the state. In Indonesia, human rights protection is guaranteed in the 1945 Constitution and various other laws and regulations.

In practice, human rights protection in Indonesia is realized through institutions such as the National Human Rights Commission (Komnas HAM) which is tasked with monitoring human rights violations that occur in Indonesia. If a human rights violation occurs, then individuals who feel their rights have been violated can report the case to the authorized human rights institution.

4. Good Governance

Good government is the principle of the rule of law which emphasizes the importance of transparency, accountability, public participation and effectiveness in running government. In Indonesia, good governance is realized through various mechanisms such as the Government Internal Control System (SPIP) and bureaucratic reform.

The principle of good governance also emphasizes the importance of law enforcement and eradicating corruption. Indonesia has established various anti-corruption institutions such as the Corruption Eradication Commission (KPK) which is tasked with investigating and prosecuting corruption cases that occur in Indonesia.

5. Social Justice

Social justice is the principle of the rule of law which emphasizes the importance of sharing wealth and opportunities fairly for all Indonesian people. This principle is regulated in the Preamble to the 1945 Constitution which states that Indonesia is a country with a social personality.

In the context of social justice, the state has the responsibility to reduce social and economic disparities between communities. This is done through various policies such as social assistance, education, health and social protection programs for people in need.

Conclusion

Indonesia as a country of law implements various basic principles that guarantee justice, freedom, and welfare for all Indonesian people. By upholding the supremacy of law, the sovereignty of law, protection of human rights, good governance, and social justice, Indonesia continues to strive to create a legal system that is just and certain for all its people.

By implementing strong and consistent principles of the rule of law, Indonesia is expected to continue to develop as a democratic country that prioritizes social justice for all its people. Through compliance with the law and enforcement of the principles of the rule of law, Indonesia will be able to create a stable and prosperous legal order for all its people.