The rule of law is also known as the rule of law, which means that the law is above all and applies to all. Whether governor or regulated, ruler or controlled, no one is above the law, no one is exempt from the law, and no one can grant an exemption for the application of the law. With the above description, it is clear that what is meant by law enforcement is more or less an attempt to make the law a code of conduct in any legal act, both in a narrow formal sense and in a broad substantive sense, both by the entities concerned and by law enforcement agencies, who officially receive duties and powers under the law, ensure the functioning of the legal norms applicable in life. Society and the Crown. From this broad sense, our discussion of law enforcement can determine the limits for ourselves, whether we discuss the whole aspect and dimension of law enforcement, both in terms of purpose and purpose, or whether we limit ourselves to discussing certain things, for example, by looking only at the subjective aspects. This document has been deliberately prepared to provide an overview of the general aspects related to the issue of law enforcement. Noting further that the procedures available to detainees to challenge their detention in court were not an adequate substitute for habeas, the court highlighted heightened concerns about due process when detention is based primarily on executive proceedings – in this case, combatant review tribunals or (TSRCs) – and not on court proceedings.33Footnote after treatment Of detainees Law No. 109-148, Title X, Congress granted only a limited right of appeal against the decision of the executive branch concerning (I) the determination of the status of [a] combatant review tribunal. complied with the standards and procedures established by the Minister of Defence. and (ii) to the extent that the Constitution and laws of the United States are applicable, if the use of such norms and procedures to determine them is consistent with the Constitution and laws of the United States. § 1005(e)(2)(C). The Court also expressed concern that, in some cases, detentions had lasted up to six years without significant judicial review.34Footnote128 pp. Ct., at pp.
2263, 2275. The Court also highlighted the limitations of the CSRT phase regarding an inmate`s ability to find and present evidence to challenge the government`s case, the unavailability of legal assistance, an inmate`s inability to access certain secret government records that could contain critical allegations against him, and the admission of hearsay evidence. Although the Court reserves the right to rule on the compatibility of the CSRT procedure itself with due process, it noted that the appeal procedure for these decisions, which was entrusted to the United States Court of Appeals for the District of Columbia, did not contain the necessary means to correct the errors in the CSRT procedure.35Monetary focus in particular on the inability of the court to revision to: relevant exculpatory evidence that was not included in the previous procedure. The Court also listed other potential constitutional weaknesses in the review process, including the lack of provisions allowing the DC circuit to order release and not allowing petitioners to challenge the president`s power to detain them indefinitely. On the basis of understanding, friedman (1959) distinguishes the rule of law into 2, namely formal understanding (in the formal sense) and understanding in the essential/material sense (ideological sense). Formally, the rule of law is defined as an organized public authority. This can be interpreted to mean that every state has a law enforcement officer who deals with good and bad measures (just an unjust law). Law enforcement is the process of effort to establish or enforce legal norms in a real way as a code of conduct in transportation or legal relations in social and state life. From the point of view of the subject, the accusation can be conducted by a broad subject and can also be interpreted as an attempt to apply the law that includes all legal subjects in every legal relationship. Anyone who executes normative rules or does or does not do something on the basis of the norms of the applicable rule of law means that he exercises or enforces the rule of law.
Strictly speaking, law enforcement with respect to its purpose is defined only as an effort by certain law enforcement officers to ensure and ensure that the law is enforced, if necessary, the law enforcement apparatus may use force. Another basis that can be used as a basis for Indonesia to be a state governed by the rule of law in the substantive sense is contained in the articles of the 1945 Constitution as follows. In general, a law is a set of rules – rules established by the state and subject to sanctions or consequences. The dominant thing is that the concept of the “rule of law” says something – what about the “justice” of the law itself, but only how the legal system works. As a result, a nation that is highly undemocratic or without respect for human rights may exist with the “rule of law,” a situation that can occur with some modern dictators. The “rule of law” or the rule of law may be a necessary but not sufficient condition for democracy. The definition of prosecution may also be considered from the point of view of the object, that is, within the meaning of the law. In this case, the meaning also includes a broad and narrow meaning. In a broader sense, the application of the law encompasses the values of justice it contains, the sound of formal rules, and the values of justice that live in society. Strictly speaking, the application of the law concerns only the formal and written application of regulations.
Therefore, the translation of the word “law enforcement” into Indonesian can also be used in the narrow sense when it uses the word “law enforcement” in a broad sense. The distinction between the formality of the written rule of law and the scope of the value of justice it contains arises even in the English language itself with the development of the term “the rule of law” or the term “the rule of law and not of a man” in relation to the term “the rule by law”, which means “the rule of man by law”. but not in its formal sense, but it embraces the values of justice embodied therein. Therefore, the term “rule of law” is used. The term “rule of law and not man” is intended to affirm that the government of a modern rule of law is essentially ensured by law and not by the people. The opposite term is “the rule of law,” which is meant as the government of a person who uses the law only as a mere tool of power. The implementation of the rule of law implies the desire to create a rule of law that brings justice to all peoples. The application of the rule of law must essentially be interpreted (on the merits), i.e. in the sense of the implementation of equitable law. The principles of the law are essentially closely linked to the “anchoring of legal norms” in the administration of government, particularly with regard to the application of the law and the implementation of the principles of the rule of law. exercise exclusive legislation in all cases over a district (not more than ten square miles) that may become the seat of government of the United States by the cession of certain states and the adoption of Congress, and exercise the same authority over all places acquired by the consent of the legislature of the State in which it is to be, for the construction of fortresses, stores, arsenals, shipyards and other necessary buildings; However, in addition to the three factors mentioned above, complaints about the past performance of law enforcement agencies in our country also require further analysis. Law enforcement efforts are only one part of our entire problem as a state of law that strives to maintain and achieve social justice for all people in the country.
It is unlikely that the law will be right whether or not the law itself has diminished the feelings or values of justice that live in one`s society. It is unlikely that the law will guarantee justice if the material is largely a legacy of the past that does not meet the requirements of the time. That is, the problems we face are related not only to law enforcement efforts, but also to the renewal of laws or the creation of new laws. Therefore, four important functions require special attention, namely: (i) legislation (“legislation of the law or law and the making of rules”), (ii) socialization, dissemination and even culture of the law (socialization and promulgation of the law), and (iii) law enforcement (law enforcement).