3. According to Satjipto Raharjo, 2003

Rule of law is a social institution that has its own social structure and takes root in its own culture. This institution grew and developed for hundreds of years along with the growth in European society. This has led to the rooting of European social and cultural life, not a neutral institution.

Principles Rule of Law

1. Formal Principles (In the Formal Sense)

These formal principles are stated in 1945 Constitution, namely:

  1. The State of Indonesia is a State based on the rule of law (Article 1 Paragraph 3).
  2. Judicial power is an independent power to administer justice in order to uphold law and justice (Article 24 Paragraph 1).
  3. All citizens have the same position in law and government, and are obliged to uphold the law and government (Article 27 Paragraph 1).
  4. Human rights, recognition, guarantees, protection, and fair legal certainty are regulated by law (Article 28 D Paragraph 1).
  5. Everyone has the right to work and receive fair and decent remuneration and treatment in employment relations (Article 28 D Paragraph 2).

2. Material or Essential Principle

  1. Principles rule of law in the administration of government is closely related to law enforcement and the implementation of legal principles.
  2. The success of law enforcement depends on the national characteristics of each country.
  3. Rule of law is a social institution with a unique sociological structure, reflecting culture, and containing ideas about the relationship between individuals, society, and the state.
  4. Rule of law is a liberal legalism.