Definition, Purpose, and Characteristics of the Enforcement of Supremacy of Law

PERTANYAAN

What is the supremacy of law? What are the characteristics of a country that upholds the supremacy of law? What is the purpose of the supremacy of law?

INTISARI JAWABAN

In short, the definition of the supremacy of law is an effort to uphold and place the law in the highest position. Then, the purpose of the supremacy of law is to make law to protect and maintain the stability of the nation and state.

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Pengertian, Tujuan, dan Ciri Penegakan Supremasi Hukum, written by Nafiatul Munawaroh, S.H., M.H and was published on Friday, 8 September 2023.

This article is an update of the article entitled This is the Definition of Supremacy of Law, written by David Christian, S.H., and was first published on Tuesday, 21 June 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of Supremacy of Law

Regarding the meaning of the supremacy of law, Nurul Qamar in his journal Supremasi Hukum dan Penegakan Hukum, explains that the supremacy of law is the series of the words 'supremacy' and the word 'law', which comes from the English translation, and becoming the supremacy of law or commonly called law's supremacy (p. 152).

Then still sourced from the same journal, Hornby. A.S. argues that etymologically, the word 'supremacy' is taken from the root adjective 'supreme', which means "highest in degree or highest rank" meaning being at the highest level. Meanwhile, supremacy means "highest of authority" meaning the highest power (p. 152).

Still, in the same journal, Soetandyo Wignjosoebroto states that in terminology, the supremacy of law means efforts to uphold and place the law in the highest position that can protect all levels of society without any intervention by and from any party including by state administrators (p. 152).

Furthermore, still, about the definition of the supremacy of law, Abdul Manan concluded that the supremacy of law is an effort or strategy to uphold and position the law in the highest place of all, making the law the commander or commander to protect and maintain the stability of the life of the nation and state (p. 153).

Supremacy of Law and Law Enforcement

The supremacy of law and law enforcement are two things that are inseparable, both of which must work together to be able to realize the ideals of law, legal functions, and legal objectives.[1]

Regarding the upholding of the supremacy of law, Bambang Sugiono and Ahmad Husni M.D in their journal entitled Supremasi Hukum dan Demokrasi, explained that there are 4 important elements in a state of law (rechtsstaat), which characterize a state that upholds the supremacy of law (p. 72):

1. A guarantee that the government in exercising its power is always carried out on the basis of laws and regulations.
2. Guarantee of the legal protection of fundamental rights.
3. The division of state power is clear, fair, and consistent.
4. Legal protection from judicial bodies over government actions.

The Purpose of the Supremacy of Law

Then, Wicipto Setiadi in his journal entitled Pembangunan Hukum dalam Rangka Peningkatan Supremasi Hukum, concluded that the purpose of the supremacy of law is to realize national stability, as one of the prerequisites for a good democratic mechanism (p. 14).

Managing stability in this era of transparency is necessary because of the desire to build a democracy that accommodates harmony with freedom and transparency, law enforcement, and tolerance. One of the structural efforts that can be made to realize this is by upholding the supremacy of law (p. 14).

These are the answers we can provide, we hope you will find them useful.

Reference:

1. Bambang Sugiono dan Ahmad Husni M.D. Supremasi Hukum dan Demokrasi. Jurnal Hukum, Vol. 7, No. 14, August 2000;
2. Nurul Qamar. Supremasi Hukum dan Penegakan Hukum. Jurnal Ilmiah Hukum, Vol. 13, No. 2, May-August 2011;
3. Wicipto Setiadi. Pembangunan Hukum Dalam Rangka Peningkatan Supremasi Hukum. Jurnal Rechtsvinding, Vol. 1, No. 1, January-April 2012.

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[1] Nurul Qamar. Supremasi Hukum dan Penegakan Hukum. Jurnal Ilmiah Hukum, Volume 13, No. 2, May-August, p. 155.