Definition of a state of law, simple terms means the country in the implementation of government power is based by law. In a legal state authority over running the government based on the rule of law (rule of law) and also has a goal to run the order in law.
Thus in sautu state of law, power in the state based on law, rather than mere power and state government based on a constitution that is based on the idea of constitutionalism. Without it hard to be called a legal state. The rule of law must cover three basic idea in law, namely fairness, expediency and legal certainty. Therefore, in the state of law, the law must not be abandoned “sense of justice”.
Communist countries or the so-called authoritarian state has a constitution but rejected the idea of constitutionalism that can not be said to be a state of law in the real sense.
Countries on basic not intervene much of the affairs and interests of citizens. But along with the times, countries formal law has evolved into a state substantive law which means that the state government has discretion to intervene in the affairs of citizens on the basis that participated in the government responsible for the welfare of the people. The state has squeezed and active and independent properties in an effort to build up the people’s welfare.
Indonesia As the State of Law
The legal basis that Indonesia is a state of law stated in Article 1, paragraph 3 of the 1945 Constitution, saying “Indonesia is a State of Law”. The inclusion of this provision in the article section 1945 shows that the stronger the legal basis as well as being mandated by the state, which means that the state of Indonesia was to be a constitutional state. Struktur Isi Teks Laporan Hasil Pengamatan Adalah
Previously, the foundation of the legal state Indonesia have been found in section 1945 of the Public Company Governance System State, is as follows.
1) Indonesia is a state based on law (Rechsstaat), not based on mere power sautu (machtsstaat).
2) Constitutional System.
Government that is based on the constitution (basic law), not on top of absolutism (unlimited power).
Based on the formulation, the Indonesian state wear Rechsstaat system which may have been influenced by Dutch law concepts included in the Continental Europe region.