KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM) DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW
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
Keywords: Rule by Law, State
Law, the Rule of Law
Penulis: Made Hendra Wijaya
Kode Jurnal: jphukumdd130072
