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PEMERINTAH DAN HUKUM

PEMERINTAH DAN HUKUM

 

Dalam konsepsi negara hukum (rechtsstaat, rule of law) perumusan dalil – dalil hukum seperti, “Hukum menghendaki perdamaian (het recht will den vrede) dan “Hukum harus lurus dan benar (Recht moet en recht zijn) dimaksudkan untuk mengendalikan dan mengatur interaksi anggota – anggota masyarakat yang satu dengan yang lain, antara pemerintah dengan yang dperintah (rakyat), antara negara dengan warga negara. Segala bentuk hubungan hukum (rechtsbetrekking) dan interaksi anggota – anggota masyarkat dalam suatu negara senantiasa mengacu pada norma – norma hukum yang berlaku dalam negara tersebut. Dengan demikian, hukum merupakan sarana pengendali (instrument of controlling) prilaku warga negara (anggota masyarakat dalam suatu negara) dan perilaku pemerintah sebagai pengambil keputusan (decision maker) agar tidak timbul pertentangan antara hak dan kewajiban.

Sebagai pengendali prilaku masyarakat, hukum mengatur kehidupan pribadi (private life) yaitu yang berhubungan dengan kewajiban dan kepentingan hukum seseorang serta mengatur kehidupan umum (public life) yaitu yang berhubungan dengan kewajiban dan kepentingan masyarakat dan negara agar terdapat keseimbangan dalam tatanan kehidupan berbangsa dan bernegara. Keberlakuan kaedah hukum harus mencakup keseluruhan (all embracing) prilaku masyarakat dan penyelenggara pemerintahan agar nyata adanya persamaan kedudukan di hadapan hukum (equality before the law).

Pada tataran (level) kebijakan pemerintah (pusat dan daerah) maka hukum harus menjadi landasan dan pedoman dalam proses pengambilan keputusan (decision making process) sehingga kebijakan tersebut mempunyai sifat keberlakuan yang mengikat secara sah (legally binding). Begitu pula, kaidah – kaidah dan nilai – nilai hukum harus menjadi jiwa dan semangat para pembentuk undang – undang (law makers) di kalangan lembaga legeslatif dalam menjalankan fungsi legislasi sehingga keberlakuan suatu peraturan perundang – undangan secara yuridis, filosofis dan sosiologis dapat diterima oleh masyarakat.

 

Jakarta, 13 Pebruari 2009

Copy Right by Appe Hutauruk, SH., MH.

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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