Equality before the law is a principle of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views argue that formal legal equality is not enough to create real and social equality between women and men. An ideal of formal equality can punish women who do not adhere to a male norm, while an ideal of different treatment can reinforce gender stereotypes. [17] Meanwhile, Mochtar Kusumaatmadja has defined the rule of law as a state based on law, in which power is subject to the law and all peoples are equal before the law. A. Hamid Attamimi defines the rule of law as a state that establishes the law as the basis of state power and the organizers of the state in all its forms are executed under the power of the law. Saudargo gautama co-defines the rule of law; A country where individuals have rights to the State, where human rights are legally recognized, where the power of the State is separated until the organizing organs of the State, legislative bodies and judicial bodies are in different hands, a judicial power that is free from the position of being able to provide adequate protection to any person whose rights are violated, although this is done through the tools of the state itself. It is dynamically assumed that the interpretation of equality before the law guarantees access to justice for all, regardless of their background. Greek philosophers regarded justice as an individual virtue.
Therefore, justice in the Institute of Justinian, which defines justice with a continuous and coherent goal of giving each person his right, is the constant and continuous goal that gives everyone his own. In addition, one of the most important elements of the law is its substance, which deserves to glorify people, in the language of the Universal Declaration of Human Rights (UDHR), which is called human dignity. In the human rights regime, the LBI is a historically and historically ancient issue. Various events that affect human values are caused by bad practices and the application of the law just to serve the will of the ruler. This then became the basis for the resistance of various victims, affected communities, who expressed their human rights. The consolidation of the recognition of human rights can be seen, for example, in the emergence of the UDHR in 1948. The discriminatory practice is strongly rejected in the UDHR (Article 2). lebih luas, pada DUHAM digunakan “setiap orang… The objective is to find out whether greenhouse gas emissions and other deterrents are to ignore the fact that there is no alternative to greenhouse gas emissions. Everyone has the right to be recognized everywhere as a person before the law. Article 7 of the Universal Declaration of Human Rights (UDHR) states: “All are equal before the law and have the right to equal protection of the law without discrimination.” [1] Therefore, every person must be treated equally before the law, without distinction as to race, sex, colour, ethnic origin, religion, disability or other characteristics, without privilege, discrimination or prejudice. The general guarantee of equality is provided for in most national constitutions in the world[4], but the specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race,[5] few mention the right to equality regardless of nationality.
[6] The State of Nebraska adopted the motto “Equality before the Law” in 1867. It appears both on the state flag and on the state seal. [9] The motto was chosen to symbolize the political and civil rights of nebraska blacks and women, particularly Nebraska`s rejection of slavery and the fact that black men in the state have been able to vote legally since the beginning of the state. [10] Nebraska activists are extending the motto to other groups, for example to promote LGBT rights in Nebraska. [11] Article 200 of the Japanese Penal Code, the penalty for parricide, was declared unconstitutional by the Supreme Court of Japan in 1973 for violating equality before the law. This was the result of the trial in the Tochigi Patrizid case. [13] All are equal before the law and are entitled to equal protection under the law without discrimination. Everyone has the right to equal protection against discrimination that violates this Declaration and against any incitement to such discrimination. The main purpose of equality before the law is to uphold justice, where equality of position means that the law as a unit does not distinguish anyone who seeks justice for it. It is to be hoped that with this principle there will be no discrimination in the rule of law in Indonesia, where there is a distinction between the ruler, the sikaya, the simiskin and the people* In accordance with the mandate of the Code of Criminal Procedure in principle of prosecution, anyone who violates the law will receive equal treatment without distinction (equal treatment). The legal rules applied to one person must also be applied to others in the same case, without taking into account any element of subjectivity such as social status, skin colour, race, ethnic origin, language, class, religion, rank and position, or wealth.
As far as possible, a crime is hidden, it is certainly as exposed and as high as the status and position of the perpetrator of the crime ultimately in the eyes of the law must face the same process. With equal status in the eyes of the law, no citizen is above the law (no man above the law), which means that there is no privilege granted to the legal person by law. The application of the principle of equality before the law in the practice of criminal justice can be seen, among others, in the decision of the Bandung High Court number 86 / Pid.Sus / 2022 / PT.Bdg of 4 April 2022 Jo. Decision number 989 / Pid.Sus / 2022 / PN.Bdg of the Bandung District Court of 15 February 2022, in which the accused Herry Rawan, who had raped and/or harassed several female students at the educational institution he headed, was found guilty and awarded the death penalty. Charge of restitution payments and withdrawal of property. Although the accused occupies a fairly high position, even if the head of the educational institution is highly esteemed, if his crimes are exposed, the accused cannot escape the trap of the law. Amid public accusations that law enforcement officials often reduce votes in handling criminal cases in which the law is heavily mentioned upwards but squarely down, it turns out that when law enforcement agencies strive to break the stigma, there are still many people who close their eyes and ears and even their consciences. protecting criminals associated with family interests. a separate group or group.
On the one hand, they demand that prosecutions be fair and determined, on the other hand, they actually violate the legal process by protecting criminals.