KEDUDUKAN YANG SAMA DI DEPAN HUKUM (EQUALITY BEFORE THE LAW) DALAM PENEGAKAN HUKUM DI INDONESIA

Abstract

Revolutions in the eighteenth century based on rationality and in the name of freedom denied all efforts of society or of state in regulating and interfering with individuals' interests. State only had a role as safety. American Revolution of 1776, and French Revolution of 1789 destroyed all traditional ideas of the structures of societies based on a principle of discrimination between elite and the masses. Slogans of revolution explained that all people were equal in the level of dignity and that all people had the same rights before the law. Prior to the announcement of Declaration of Human Rights on 10 December 1948, Five Pillars had regulated equality before the law, particularly in article 27 of Indonesian Constitution of 1945. However, in its law enforcement, discriminative patterns still often happens. Many factors which influences such as there are a lot of acts which are individualistic in nature and does not conform to the ideals of law and justice of Indonesian people, and an overemphasis on formalism of law. The law has not yet able to talk responsively and is still autonomous in nature, or even it still repressive in nature.