Demokrasi dan Negara Hukum

Author: Muntoha

Abstract

The rule of law state shall be based on democracy. This because there is a correlation between a rule of law state which relies on a constitution and sovereignty of the people which is run by democracy. In democracy, public’s participation is a core essence. However, democracy without

a robust regulation will lose its direction, and similarly, law without democracy will lose its true meaning. As a result, in a democratic rule of law state, law is developed and enforced in accordance with the principle of democracy. Law must not be made, approved, interpreted, and enforced merely by power (machstaat), but rather this shall be regulated by law (rechstaat).

Keywords: democracy, rule of law

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Ius Quia Iustum Law Journal of Islamic University of Indonesia

ISSN 0854-8498 (print), 2527-502X (online)
Published by:  Department of Law, Faculty of Law, Islamic University of Indonesia

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