The rule of law is the principle that a society should be governed by law rather than by the arbitrary will of those in power, and that everyone, including government, is bound by and accountable under the law.
Classical Formulations
The British jurist A. V. Dicey described the rule of law in 1885 as comprising the supremacy of regular law over arbitrary power, the equality of all before the ordinary courts, and the protection of rights through judicial decisions. Lord Bingham later summarised its requirements: laws must be accessible, clear and predictable; questions of legal right should be resolved by law rather than discretion; the law should apply equally to all; public officials must exercise power in good faith and within limits; the law must protect fundamental human rights; disputes must be resolved without prohibitive cost or delay; adjudication must be fair; and the state must comply with its international obligations.
Formal and Substantive Conceptions
A formal conception focuses on the qualities of law itself: generality, publicity, prospectivity, clarity and stability. A substantive conception adds that the law must respect fundamental rights and democratic values.
In Indonesia
Article 1(3) of the 1945 Constitution declares that Indonesia is a state based on law (negara hukum). The principle is reflected in the separation of powers, the independence of the judiciary under Article 24, the guarantee of equality before the law and of fair legal certainty in Article 28D(1), and the judicial review of legislation by the Constitutional Court and the Supreme Court.
Why It Matters
The rule of law is a precondition for personal liberty, investment, economic development and public trust in institutions.