The Meaning of Law Through State in Legal Framework of “Rechtstaat”
This research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples) in Indonesia. The type of study was a normative research (doctrinal research) by using existing conceptual approach. The outcomes of the res...
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Format: | Article |
Language: | English |
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Hasanuddin University
2015-04-01
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Series: | Hasanuddin Law Review |
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Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/41/40 |
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author | Jeffry Alexander Ch. Likadja |
author_facet | Jeffry Alexander Ch. Likadja |
author_sort | Jeffry Alexander Ch. Likadja |
collection | DOAJ |
description | This research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples) in Indonesia. The type of study was a normative research (doctrinal research) by using existing conceptual approach. The outcomes of the research indicate that the Rule of Law is necessary to make the concept rechtstaat becomes more dynamic and able to deal with social changes in society and make the law more autonomous than other authorities such as political intervention. Furthermore, Implementation of freedom in the context of state law is interpreted narrowly and only considers justice can be done if the procedural law can be obeyed by all citizens. The main purpose of the application of the Rule of Law is the limitation of authority and power reduction obligations of citizens, so that it will produce a doctrine of jurisprudence based on the rights (right centered jurisprudence). |
first_indexed | 2024-12-23T02:08:40Z |
format | Article |
id | doaj.art-481d69e432c244ed874a75ed0d860b79 |
institution | Directory Open Access Journal |
issn | 2442-9880 2442-9899 |
language | English |
last_indexed | 2024-12-23T02:08:40Z |
publishDate | 2015-04-01 |
publisher | Hasanuddin University |
record_format | Article |
series | Hasanuddin Law Review |
spelling | doaj.art-481d69e432c244ed874a75ed0d860b792022-12-21T18:03:49ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992015-04-01117586The Meaning of Law Through State in Legal Framework of “Rechtstaat”Jeffry Alexander Ch. Likadja0Universitas Nusa CendanaThis research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples) in Indonesia. The type of study was a normative research (doctrinal research) by using existing conceptual approach. The outcomes of the research indicate that the Rule of Law is necessary to make the concept rechtstaat becomes more dynamic and able to deal with social changes in society and make the law more autonomous than other authorities such as political intervention. Furthermore, Implementation of freedom in the context of state law is interpreted narrowly and only considers justice can be done if the procedural law can be obeyed by all citizens. The main purpose of the application of the Rule of Law is the limitation of authority and power reduction obligations of citizens, so that it will produce a doctrine of jurisprudence based on the rights (right centered jurisprudence).http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/41/40Individual LibertyRechstaatRule of Law |
spellingShingle | Jeffry Alexander Ch. Likadja The Meaning of Law Through State in Legal Framework of “Rechtstaat” Hasanuddin Law Review Individual Liberty Rechstaat Rule of Law |
title | The Meaning of Law Through State in Legal Framework of “Rechtstaat” |
title_full | The Meaning of Law Through State in Legal Framework of “Rechtstaat” |
title_fullStr | The Meaning of Law Through State in Legal Framework of “Rechtstaat” |
title_full_unstemmed | The Meaning of Law Through State in Legal Framework of “Rechtstaat” |
title_short | The Meaning of Law Through State in Legal Framework of “Rechtstaat” |
title_sort | meaning of law through state in legal framework of rechtstaat |
topic | Individual Liberty Rechstaat Rule of Law |
url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/41/40 |
work_keys_str_mv | AT jeffryalexanderchlikadja themeaningoflawthroughstateinlegalframeworkofrechtstaat AT jeffryalexanderchlikadja meaningoflawthroughstateinlegalframeworkofrechtstaat |