Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

The Implementation of Emansipatoric Law in Indonesia

Download263 downloads
  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326251,
        author={Thimon  Febby and Yusriyadi  Yusriyadi and Sukirno  Sukirno},
        title={The Implementation of Emansipatoric Law in Indonesia},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={emancipatory law popular sovereignty state of law},
        doi={10.4108/eai.27-7-2022.2326251}
    }
    
  • Thimon Febby
    Yusriyadi Yusriyadi
    Sukirno Sukirno
    Year: 2023
    The Implementation of Emansipatoric Law in Indonesia
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326251
Thimon Febby1,*, Yusriyadi Yusriyadi1, Sukirno Sukirno1
  • 1: Universitas Diponegoro
*Contact email: thimonfebby@students.undip.ac.id

Abstract

There is a sense of mutual limitation that exists in a democratic state of law, which refers to a democracy that is constrained by the law in terms of both its procedure and its content. The fundamental concept of the rule of law in Indonesia, which was clearly expressed in the Constitution of 1945, cannot be divorced from Pancasila, which serves as the cornerstone of the state and the source of all legal sources. The Emancipatory State of Law provides a method of social integration in a diverse society by stipulating a place for the sovereign people to decide and determine what is best for themselves. This place allows people to decide and determine what is best for themselves. Because of this, the relationship between people's sovereignty and the law is dialectical, which is particularly important considering that Article 1 number 3 of the amendment states that Indonesia is the State of Law.