Pengertian dan Penjelasan tentang Negara Hukum, Rule Of Law, dan HAM | materi PPKn

Summary

This video discusses the concept of the rule of law (Rovlo) and the legal state, focusing on how a nation's governance must be based on law to ensure accountability and justice. It highlights Indonesia's legal framework, referencing the 1945 Constitution, and emphasizes the importance of human rights and legal certainty. The video also addresses the challenges in applying these principles, using real-world examples such as the Habib Rizieq case. While Indonesia has strong legal foundations, practical implementation remains a challenge, calling for citizens to engage in upholding these ideals.

Takeaways

• 😀 The concept of a 'rule of law' is closely tied to the development of law doctrines from the 19th century in Europe, particularly alongside the establishment of constitutions and democracies.
• 😀 A state of law means that all government activities and actions must be based on legal frameworks and be accountable to the law.
• 😀 Indonesia, as a legal state, explicitly incorporates this idea in its 1945 Constitution, particularly in its Preamble and Article 1, Paragraph 3, which states that Indonesia is a state based on law.
• 😀 The rule of law in Indonesia emphasizes the supremacy of law, where no one, including the government, is above the law, ensuring equality before the law.
• 😀 One of the essential features of the rule of law is legal certainty, meaning that laws are applied consistently, without bias, and are enforceable for all individuals and entities.
• 😀 The importance of evidence in the legal process is highlighted, with an example of a legal case involving Habib Rizieq and the FPI group, where law enforcement presents factual evidence to ensure justice is served.
• 😀 The rule of law in a country is inseparable from the respect for human rights (HAM), which includes fundamental rights like freedom of religion, expression, and the right to assemble.
• 😀 Human rights are inherent to all individuals by divine gift, and every legal state must respect and uphold these rights, with Indonesia enacting several laws to protect such freedoms.
• 😀 While Indonesia has a strong legal and constitutional framework to protect human rights, there are still challenges in fully implementing these rights in practice, with occasional violations occurring due to human errors or systemic flaws.
• 😀 The ongoing development of laws and regulations in Indonesia shows the government’s commitment to improving the protection of human rights, such as a new regulation being considered for the freedom to build places of worship for minority religions.
• 😀 Ultimately, the concept of a legal state, rule of law, and human rights in Indonesia is well established in theory but often faces practical challenges, highlighting the need for continuous education and awareness on these issues for effective implementation.

Q & A

What is the concept of a 'rule of law' in the context of a state?

The concept of 'rule of law' refers to the principle that all actions within a state, both by the government and citizens, must be conducted according to established laws. These laws must be publicly known, applied equally to all individuals, and enforceable by the legal system without bias or favoritism.

How does the Indonesian constitution define the country as a rule of law state?

The Indonesian constitution explicitly states that Indonesia is a state based on law, as outlined in the Preamble of the 1945 Constitution and Article 1, Paragraph 3, which declares that the state of Indonesia is governed by law.

What does 'supremacy of law' mean in the context of a legal system?

Supremacy of law means that law is the highest authority in the state, and no one, including government officials, is above the law. It ensures that all actions by the government and individuals are subject to the rule of law.

What role does the Indonesian government play in ensuring the rule of law?

The Indonesian government is responsible for creating and enforcing laws that are in accordance with the Constitution. Additionally, the government must ensure that laws are applied equally and justly, without favoritism, and that citizens' rights are protected by the rule of law.

What is meant by 'legal certainty' in a rule of law state?

Legal certainty refers to the predictability and stability of the law. In a rule of law state, laws must be clear, accessible, and enforced consistently, ensuring that citizens can understand and anticipate the legal consequences of their actions.

How is the rule of law related to human rights?

The rule of law is closely tied to the protection of human rights because it ensures that laws respect and uphold fundamental human rights. In a state governed by the rule of law, citizens are guaranteed the protection of their basic rights and freedoms as outlined in national and international human rights frameworks.

How does the script discuss the case involving Habib Rizieq and the FPI?

The script uses the case involving Habib Rizieq and the FPI as an example of how the rule of law operates in practice. Despite FPI's claims and attempts to deny evidence, the case illustrates how law enforcement must rely on solid evidence, such as weapons and digital records, to ensure accountability in legal proceedings.

What is the significance of evidence in upholding the rule of law?

Evidence is crucial in upholding the rule of law because it ensures that legal decisions are based on facts rather than speculation or manipulation. The integrity of the legal system depends on objective, verifiable evidence to support claims and accusations.

What is the relationship between the rule of law and the state's recognition of human rights?

The rule of law is enhanced when the state recognizes and protects human rights, as it ensures that all individuals are treated fairly and their rights are respected under the law. The state must uphold human rights in its laws and judicial decisions to maintain a legitimate and just legal system.

What is the role of human rights in Indonesia's legal system?

Human rights in Indonesia are integral to the legal system, as the 1945 Constitution guarantees fundamental rights such as freedom of religion, speech, and assembly. The government is tasked with safeguarding these rights and ensuring their full implementation, though challenges in practice may still occur.