This study aims to determine the nature of the function of intelligence in a country, the obstacles of the Intelligence Agency in carrying out its role and the ideal concept of the position of the Intelligence Agency in a rule of law. This study uses a normative juridical research method with a conceptual approach. The data were then analyzed analytically descriptively. The results of the study show that the essence of intelligence functions in a democratic country is as an organization, science and activity. There are still obstacles, both juridical and sociological in nature, the State Intelligence Agency in carrying out its role based on Law Number 17 of 2011 including those concerning prosecution, supervision, wiretapping, coordination, tracing the flow of funds, extracting information and cooperation with related parties or institutions that tend to weaken the position of the State Intelligence Agency. State Intelligence Agency as the front line of national defense and security. In the end, this research gave birth to an ideal idea regarding the ideal concept of optimizing the position of BIN in a state of law and democracy in Indonesia.