Hasanuddin Law Review (Apr 2015)
The Meaning of Law Through State in Legal Framework of “Rechtstaat”
Abstract
This research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples) in Indonesia. The type of study was a normative research (doctrinal research) by using existing conceptual approach. The outcomes of the research indicate that the Rule of Law is necessary to make the concept rechtstaat becomes more dynamic and able to deal with social changes in society and make the law more autonomous than other authorities such as political intervention. Furthermore, Implementation of freedom in the context of state law is interpreted narrowly and only considers justice can be done if the procedural law can be obeyed by all citizens. The main purpose of the application of the Rule of Law is the limitation of authority and power reduction obligations of citizens, so that it will produce a doctrine of jurisprudence based on the rights (right centered jurisprudence).
