21 J.L. Pol'y & Globalization 1 (2014)

handle is hein.journals/jawpglob21 and id is 1 raw text is: 



Journal of Law, Policy and Globalization                                                        wwwxiiste og
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.21, 2014                                                                                          liSlE


                        Revealing The Myth Of Rule Of Law


                          FX. Adji Samekto, Slamet Haryadi, Oki HajiansyahWahab
                                  1. Professor of Law, Diponegoro University
                                  2. Ph. D Student, Diponegoro University
                                  3. Ph. D Student, Diponegoro University
                            * E-mail of the corresponding author Daman mao @ yahoo. com
Abstract
Rule of law, the still existed doctrine or tenet in a modern legal system till now. Rule of law is understood as
doctrine in the law (science) which teaches that state should be governed by law and not governed by the one's
rule (rule by man). As the implication, the rule of law doctrine puts law (rule of law) as supreme commander.
All the governmental issues, cases and governance must be based on the rule of law. Rule of law as part of the
modern legal system actually does not escapedfrom influence of capitalism which grow in Europe since the 19th
century. The rule of law doctrine in Western Europe has given good results since the 19th century for countries
which their conditions in accordance with the expected social order to exist in the concept of the rule of law.But
it should not be forgotten that the growth of rule of law principle cannot be separated from the patterns of public
relations and community movements that places individual liberty as the main basic of community organizing.
Rule of law comes from the recognition that individual liberty could be achieved in a society which governed by
laws to limit the power of the state and guarantees economic rights. Gerald Turkel (1995) stated that the
principle of the rule of law is not really meant to be as means or as instruments to solve the society problems
such as poverty. Rule of law intended to create a more stable order for individuals and businesses related to their
economic activity. Therefore, the myths about the rule of law must be revealed for the purposes of law
enforcement in Indonesia, unless in future Indonesia is projected towards a capitalistic society based on free
market mechanisms.
Keywords: Rule of Law, Modern Legal Systems


I. INTRODUCTION
A. Background
         Philosophers thought can not be separated from the influence of the spirit of the social order in which
he lives. Rationalism era can not be separated from the discussion of the historical development of society in
Western Europe. European society is a society in which the development of civilization greatly influenced the
development of world civilization to the present. Each stage is characterized by a social order that reflects the
development of human thought at the time in question.
         Community development movement in its history experienced significant changes during the
industrialization that swept Western European countries. In the traditional society changes, where small-scale
economic systems begin shaken by the process of industrialization as a large-scale economic system.
         Historically, the rise of capitalism is closely linked to the development of rationalism thought and social
order starting from the Renaissance time. Since the 16th century, the natural sciences freed themselves from the
bonds of religious through the observations, comparisons, experiments and empirical falsification; that made
secrets of nature began to unfold. In short, rationalism has placed human reason as the sole legitimate
benchmarks for the activities, work and human life.
         Law doctrines, developed from the paradigm of positivism, became so dominant in practice and legal
education. Legal doctrines inspired by positivism paradigms, such as neutral, impartial, impersonal and objective
to be teaching law that can not be denied its validity and become an integral part of legal education materials
including in Indonesia.
         It is inevitable that we always find it difficult to criticize the so-called rule of law. This is
understandable given the fact that our own selves directly or indirectly, is a product of so-called rule of law
itself. Not surprisingly, according to Zinn, the rule of law is similar as a conspiracy, in the form of a mask of
the power sourceswithin the society. The logic of capitalism within the framework of law is now so easily found
in thedomination of market liberalization policies.'
         This paper has purpose to unravel the relationship between the social order of the development of
capitalism in relation to the scientific and modern legal systems that affect the teaching of law science to the

'Zinn, Michael The Conspiracy of Law in The Rule of Law, (ed) Robert Paul Wolfe. New York: Simon and Schuster,1971

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