KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM) DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

  • Made Hendra Wijaya

Abstract

This research titled, the existence of the concept of rule by law (state law) within the
state theories of law the rule of law, which is where the first problem: How can the
advantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of a
concept of Rule by law in the theory of law Rule of Law.
This research method using the method of normative, legal research that examines the
written laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,
structure and composition, scope, and content, consistent, overview, and chapter by chapter,
formality, and the binding force of a law, and the legal language used, but did not examine or
imlementasi applied aspects. By using this approach of Historical analysis and approach of
legal conceptual analysis.
In this research have found that the advantages of the concept of Rule by Law lies in the
providing of certainty, can also be social control for the community, thus ensuring all citizens
in good order at all reciprocal relationships within the community. And Disadvantages of the
concept of Rule by Law if the Law which legalized state action is not supported by democracy
and human rights, and the principles of justice, there will be a denial of human rights,
widespread poverty, and racial segregation, and if the law is only utilized out by the
authorities as a means to legalize all forms of actions that violate human can inflict
totalitarian nature of the ruling

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Author Biography

Made Hendra Wijaya
Program Studi Magister (S2) Ilmu Hukum Program Pascasarjana Universitas Udayana
Published
2013-11-26
How to Cite
WIJAYA, Made Hendra. KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM) DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW. Jurnal Magister Hukum Udayana (Udayana Master Law Journal), [S.l.], v. 2, n. 3, nov. 2013. ISSN 2502-3101. Available at: <https://ojs.unud.ac.id/index.php/jmhu/article/view/7287>. Date accessed: 14 dec. 2019. doi: https://doi.org/10.24843/JMHU.2013.v02.i03.p02.
Section
Articles

Keywords

Rule by Law; State Law; the Rule of Law