Rule of Law and Democracy: Dynamics in The Constitutional System of The Republic of Indonesia

10.2478/bjlp-2022-007052

Abstract

The rule of law and democracy are inextricably linked concepts that cannot be separated. The constitution of the rule of law incorporates the principles of the rule of law (nomocratic), according to which law enforcement must also be able to protect the rights of its citizens from injustice with humanity and mutual respect for the continuation of existing law. Moreover, the notion of democracy incorporates the ideals of popular sovereignty (democratie). Democracy has a crucial role in the allocation of power within a nation. This study intends to examine the rule of law, democracy, and constitutional system developments in Indonesia. This analysis. The sort of research employed in this study is normative legal research. According to the findings of this study, law enforcement mechanisms must be able to protect the rights of citizens against injustice in accordance with the values of humanism and mutual respect for the viability of current laws. It becomes a fundamental component of the legal system with law enforcement agencies. As a democratic rule of law, Indonesia respects both the sovereignty of the people and the rule of law. In the dynamics of a legal and democratic state's constitutional system, there must be the principle of limiting state power to prevent arbitrariness, the principle of legality to ensure that all actions comply with applicable law, and the principle of separation of powers to ensure that human rights are effectively protected.