Yang Bukan Principles of Legality Adalah

It is said that it is an N-because if there are no such instruments in the state. It can be concluded that the similarities between the legal system, the form of government, the system of government, the system of comity and the electoral system are both essential elements and elements that play a very important role in a State. SIMILARITIES: The similarity between the legal system, the form of government, the system of government, the party system and the electoral system is that all these terms are instruments in a state because a state does not The term system comes from the word sys-theme, in Latin Greek it means a set composed of a series of parts. All legislation is always based on a set of basic principles or principles. The word principle is the base or base (an), while the word principle is sino-nim (Wojowasito, 1972: 17 and 227), while the electoral system is a discussion of the system or rules in the general sorting. Moreover, the electoral system is one of the important instruments within the racist democratic State. In this electoral system, therefore, it is only a question of the points and rules of the general election. The principle of legality is the most important principle in criminal law, even if one considers the spirit of criminal law. This reduction in the scope of the principle of legality is not appropriate, as this principle also applies in the field of law in general. Of course, the extension of the scope of this principle has consequences for the difference in the meaning of legality itself. Meanwhile, Rousseau declared that the legitimate state is a state in the form of a "republic." Rousseau also emphasized in this case the so-called "general will" in determining the government`s path.

Satjipto Rahardjo, noted that legal principles are not only a prerequisite for the existence of a legal system, but a classification of a legal system that contains a certain morality. 8. There must be consistency between the rules promulgated and day-to-day enforcement. (3) There is no retroactive rule, because if such a regulation is not rejected, it cannot serve as a code of conduct; Retroactive agreements may undermine the integrity of the rules provided for the foreseeable future; 3. The existence of something that connects the elements (parts) into a whole; According to the author, the first system, the first-past-the-post system, is not suitable for Indonesia. This is related to what was explained in the above description of the party system. Indonesian society is very diverse in its origins and needs, so it must be represented by different members of the Arlemen. Whereas in a first-past-the-post system, elected MPs are unique. A single representative would not be able to represent different aspirations or needs. Sudikno Mertokusumo, explained that bah-wa does not contain all the principles in concrete regulations or articles. This is because reference is made to the principle nullum delictum nulla poena sine praevia lege poenali (No event is financed except on the basis of the criminal law which presupposes it) and to the principle of the presumption of innocence. Satjipto Rahardjo (1986:87) explains the rule of law, not the rule of law.

However, no law can be understood without knowing the legal principles it contains. This legal principle gives ethical meaning to the rules of law and the legal system. 1. A legal system must contain pro-rules, which here means that it must not contain mere decisions of an ad hoc nature; "That the legal principle is not a concrete law, but a general and abstract basic idea, or the context of the concrete regulations contained in and behind each legal system. This is incorporated into laws and decisions of judges, which are positive law and can be found by looking for common features or characteristics in concrete regulations. Fuller interprets here the principle of legality as the morality of domestic law, because he believes that this principle is the most important part of the morality of the obligation (as opposed to the morality of aspirations). It is the morality of obligations that becomes the source of the formation of legal norms. The law is "a special means of attaining social order by guiding human behavior according to rules." The deepest morality lies precisely in the "universal procedural norms". Thus, the eight principles of legality are in fact eight universal principles in procedural law. According to the author, the proportional selection system is also not suitable for use in Indonesia. In a proportional system, obtaining votes by a party at the national level is equivalent to obtaining seats in parliament.

This is especially dangerous when a party`s vote is above 50% nationally, followed by parliamentary seats of more than 50%. The voices or aspirations of other parties or representatives of the people are not sufficiently taken into account. This is because the party that wins the election will still win if a vote is held to set policy. So that the policy to be adopted has the potential to benefit the winning group or party. The legal subsystem is more correctly called inter-subsystem, since the law regulates certain areas of each of the other subsystems. Legal subsistence includes functionally interconnected parts. These parts are: That in an ideal country and a good country must necessarily also have a good system of government. So, how is determining a good system of government? There must therefore be a comparison to determine the most good and effective system of government in terms of Islamic law, referring to the story of Prophet Muhammad SAA, who created a medina society known as the Medina Declaration, in which Prophet Muhammad managed to put the city of Medina in the spotlight of the world. This is attested by its usefulness in the management of the city of Medina, which is in particular a city inhabited by different tribes and religions. but the Prophet Muhammad managed to put the city in the spotlight of different countries.

So we have to look at history to see how the Prophet pinned correctly and wisely to make it a good country. And also refers to nationalists who believe that good government is one strongly influenced by nationalist principles, including defending the spirit of Nasiplexis. Sunaryati Hartono (1991:56) gives the idea that a system is something that consists of a set of elements or components, always influenced and linked to one or more principles. For the different elements to form an integrated unit, an organization is necessary. Regarding the most ideal FORM OF GOVERNMENT itself, there are many opinions, there are 3 (three) most popular opinions on the most ideal form of government, including: Legal culture includes the understanding given to law by the people, the areas of the inter-sub-legal system of law, basic understanding, matched values. Lon L. Fuller, for example, in his book The Morality of Law (1964), used the word "principle of legality" to interpret the principle of law in general, which he even called the inner morality of law. The word "principle" is interpreted in this context as a principle or principle. Fuller menyebutkan delapan asas legalitas itu, yang diringkas menjadi delapan pernyataan sebagai berikut: (1) laws should be general; (2) They should be promulgated in such a way that citizens are aware of the standards by which they are respected; (3) The retroactive development and application of rules should be minimised; (4) Laws must be understandable; (5) they should not be contradictory; (6) The law should not prescribe conduct beyond the capacity of the persons concerned; (7) they should remain relatively constant over time; Dan (8) There should be a congruence between the laws announced and their actual application (Lihat ). Asas-asas hukum (Principles of legality) menurut Fuller adalah sebagai berikut : Sudikno Mertokusumo menyatakan bahwa asas hukum tak hanya mempengaruhi hu-kum positif, namun dalam banyak hal tak menutup kemungkinan asas hukum itu da-pat membentuk sistem checks and ba-lance. In a sense, the legal principle often refers to conflicting rules. This indicates a character of control and limitation of the Sa-ling, which will create a balance.

Hobbes has the ideal form of a state, namely an "absolute monarchy", in which a state is ruled by a king who has unlimited (absolute) power. Under these conditions, the people submit to the state and give it all the rights they has.as written in his book "Leviathan". Legal structures are institutions and legal processes interconnected in mutual relationships. Other legal institutions include the police, prosecutors, courts, ad vokat, anti-corruption commissions, prisons and others. As for the most effective SYSTEM of GOVERNMENT, that is, according to the author, the government must respect certain principles of good government, because if a government has filled the crests of a good system of government, the government will be an effective government because the government has fulfilled the crests of that government.