What Is It Rechtsidee?

Term rechtsidee quoted from Dutch which means the ideal of law. According to the opinion of A Hamid S Attamimi, rechtsidee it should indeed be translated as the ideal of law, not the ideals of law. The two sentences certainly show a significant difference in meaning. So, in conclusion, the ideal of law can be interpreted as an idea, thought, creation, or thought. The meaning of the ideal of law has the intention that the essence of law actually comes from the thoughts, ideas, or feelings of the community.

Referring to the opinion of another expert, namely Gustaf Radbruch, he argues that the ideal of law is the basic form of law that is constitutive. This means that if the ideal of law does not exist, then a law will lose its meaning as law. Therefore, the ideal of law becomes a regulatory benchmark.

This means that the ideal of law functions as a test of whether or not the positive law of a country is just. Meanwhile, Radbruch then conceptualized rechtsidee with the value of justice in the context of law. He seeks to link the concept to a value-oriented theory of law, where the ideal value used by Radbruch is the value of justice.

As a simplification of Radbruch's intent, a legal expert from Tilburg University, Netherlands, namely Hans Gribnau, tried to elaborate on Radbruch's concept of legal values in the ideal of law. This means that the starting point is the idea that a law aims to create justice, or the ideal law itself.

Then, it is true of Radbruch's other opinion where he says that the concept of law depends on the ideal of law (rectsidee) of the country itself. There is also another opinion in line with Meuwissen, who conceptualizes the ideal of law as a legal reality. The meaning of this statement is that the ideal of law is formed from the thoughts of the community which aims to achieve happiness, order, and justice.