Revealing The Myth Of Rule Of Law

FX. Adji Samekto, Slamet Haryadi, Oki Hajiansyah Wahab


Rule of law, the still existed doctrine or tenet in a modern legal system till now. Rule of law is understood as doctrine in the law (science) which teaches that state should be governed by law and not governed by the one’s rule (rule by man). As the implication, the rule of law doctrine puts law (rule of law) as "supreme commander." All the governmental issues, cases and governance must be based on the rule of law. Rule of law as part of the modern legal system actually does not escapedfrom influence of capitalism which grow in Europe since the 19th century. The rule of law doctrine in Western Europe has given good results since the 19th century for countries which their conditions in accordance with the expected social order to exist in the concept of the rule of law.But it should not be forgotten that the growth of rule of law principle cannot be separated from the patterns of public relations and community movements that places individual liberty as the main basic of community organizing. Rule of law comes from the recognition that individual liberty could be achieved in a society which governed by laws to limit the power of the state and guarantees economic rights. Gerald Turkel (1995) stated that the principle of the rule of law is not really meant to be as means or as instruments to solve the society problems such as poverty. Rule of law intended to create a more stable order for individuals and businesses related to their economic activity. Therefore, the myths about the rule of law must be revealed for the purposes of law enforcement in Indonesia, unless in future Indonesia is projected towards a capitalistic society based on free market mechanisms.

Keywords: Rule of Law, Modern Legal Systems

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