REINTERPRETASI KONSEP NEGARA HUKUM (RECHTSTAAT) DALAM PERSPEKTIF FILSAFAT HUKUM KONTEMPORER

Abstract

The concept of Rechtstaat or the rule of law is the cornerstone of modern state governance, positioning law as the controlling instrument of power. However, in the context of Indonesia’s evolving legal system, the meaning of Rechtstaat faces reinterpretation due to the complexity of social, political, and technological dynamics. This study aims to reinterpret the concept of the rule of law through the lens of contemporary legal philosophy and its relevance to Indonesia’s post-reform constitutional practice. This normative juridical research employs conceptual and historical-philosophical approaches, examining the 1945 Constitution and classical as well as modern legal-philosophical thought. The results indicate that Indonesia’s conception of Rechtstaat must be understood dynamically emphasizing not only formal legal supremacy but also substantive justice, human rights, and constitutional morality. This reinterpretation ensures that law serves as a means of liberation, not domination, reflecting the spirit of progressive legal philosophy.