Hello, friends Summarized! This time we will discuss the important meaning of democracy with the rule of law. What is democracy with the rule of law? How is it implemented in Indonesia? And what are some examples of cases related to this topic? Come on, see the following article!
Democracy with the Rule of Law, Understanding and Principles
Democracy with the rule of law is a government system that respects and protects human rights, and upholds the values of justice, freedom and people’s welfare. In a democracy with the rule of law, state power is limited by laws that apply fairly and are not discriminatory. No party is above the law, be it the people, officials or authorities.
Democracy with the rule of law has several important principles, namely:
Separation and limitation of powers. State power is divided into three branches, namely executive, legislative and judicial. Each branch has different functions and responsibilities, as well as supervises and balances each other.
Guarantee of human rights. Human rights are basic rights inherent in every individual regardless of ethnicity, religion, race, gender or social status. Human rights include civil, political, economic, social and cultural rights. The state is obliged to respect, protect and fulfill human rights for all its citizens.
Free and impartial judiciary. The judiciary is an institution authorized to enforce the law and resolve legal disputes. The judiciary must be free from interference or pressure from any party, and be fair and objective in deciding cases. The judiciary must also be transparent and accountable in carrying out its duties.
Justice for everyone. Justice is a principle that demands equal and balanced treatment for everyone according to their rights and obligations. Justice also means providing legal protection for everyone who is a victim of abuse of power by the authorities.
Indonesia is a democratic country that implements Pancasila democracy. Pancasila democracy is a form of democracy that is in accordance with the personality of the Indonesian nation which is based on the principles of Pancasila. One of the Pancasila precepts related to democracy and the rule of law is the fourth precept, namely democracy led by wisdom in deliberations/representation.
Democracy with the rule of law in Indonesia is regulated in the 1945 Constitution (1945 Constitution) as the state constitution. The 1945 Constitution contains several provisions that reflect democratic principles with the rule of law, including:
Article 1 paragraph (2) states that sovereignty is in the hands of the people and implemented according to the 1945 Constitution.
Article 1 paragraph (3) states that Indonesia is a country based on law.
Article 24 paragraph (1) states that the judicial power is an independent power to administer justice in order to uphold law and justice.
Article 27 paragraph (1) states that all citizens have the same position before law and government and are obliged to uphold that law and government without exception.
Articles 28A to 28J state human rights guaranteed by the state.
Examples of Cases of Democracy with the Rule of Law in Indonesia
The following are some examples of cases related to democracy and the rule of law in Indonesia:
The e-KTP corruption case. This case is one of the largest corruption cases in Indonesia involving many parties, including members of the DPR, officials from the Ministry of Home Affairs and businessmen. This case caused a state loss of IDR 2.3 trillion. This case shows that no one is above the law, not even those in power. The Corruption Eradication Commission (KPK) as an anti-corruption agency plays an active role in investigating and resolving this case by trying the suspects at the Corruption Court.
The case of blasphemy by Basuki Tjahaja Purnama (Ahok). This case is one of the cases that caused controversy in Indonesian society. Ahok, who at that time served as Governor of DKI Jakarta, was suspected of committing blasphemy against Muslims during his speech in the Thousand Islands. The case sparked massive demonstrations by Islamic groups demanding that Ahok be arrested and jailed. This case shows that human rights must be respected and protected, including the right to religion and belief. The North Jakarta District Court as a judicial institution played a role in resolving this case by convicting Ahok with a prison sentence of two years.
The murder case of activist Munir Said Thalib. This case is one of the cases of human rights violations that have not been fully disclosed. Munir, who at that time was a prominent human rights activist in Indonesia, was killed by poisoning while on a flight to the Netherlands in 2004. This case allegedly involved certain parties from the state apparatus, including the State Intelligence Agency (BIN). This case shows that justice must be upheld for everyone, including victims of abuse of authority by the authorities. The National Human Rights Commission (Komnas HAM) as a human rights institution plays a role in disclosing and recommending the resolution of this case to the government and the DPR.
Thus the article about the important meaning of democracy with the rule of law. From this article we can conclude that democracy with the rule of law is a government system that respects and maintains human rights, and embodies the values of justice, freedom, and people’s welfare. Democracy with the rule of law has several important principles, namely the separation and limitation of powers, guarantees of human rights, free and impartial justice, and justice for everyone.
Democracy with the rule of law in Indonesia is regulated in the 1945 Constitution as the state constitution. The 1945 Constitution contains several provisions that reflect democratic principles with the rule of law. Some examples of cases related to democracy and the rule of law in Indonesia are the e-KTP corruption case, the Ahok blasphemy case, and the Munir activist murder case.
Thank you for reading this article and hope this is useful!
