Jurnal Idea Hukum
Vol 10, No 1 (2024): Jurnal Idea Hukum

The Rule of Law and the Principle of Equality Before the Law: Theory and Its Manifestation in Indonesia

Marzuki, Ismail (Unknown)



Article Info

Publish Date
30 Mar 2024

Abstract

The rule of law and the principle of equality before the law require the lives of the nation and state without arbitrariness and discrimination. The state constitution should provide protection to citizens; in judicial practice, it turns out that not a few justice seekers, especially ordinary people, find injustice. The purpose of this research is to examine the concept of the rule of law and the principle of equality before the law philosophically, and what its manifestations are in Indonesia. This study uses a normative juridical method with a legislative approach and a conceptual approach. The results show that the rule of law talks about "everyone" not "this group and that group.” While the principle of equality before the law contains the principle that all men are created as equal, that everyone is created as equal, especially with regard to basic human rights. Thus, the principle of equality before the law in the concept of the rule of law in Indonesia is believed to bring justice (access to justice) to anyone regardless of background because the essence of human beings has the same degree and therefore there should be no discriminatory treatment for any reason. Therefore, the conclusion of this research states that in the Indonesian state of law, the principle of equality before the law is not only formulated in the state constitution but is also recognized in various laws and regulations under it. In addition, the principle of equality before the law was implemented in various fields of citizens' lives, including the judicial world in Indonesia.

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Journal Info

Abbrev

jih

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, ...