Legal Protection Theory

SUDUT HUKUM | Legal protection is a representation of the implementation of the function of law to reach three purposes of law, such as justice, expediency, and legal certainty. According to Philipus M. Hadjon, Indonesia as a state law based on Pancasila has to give a legal protection to its citizens as what has been explained in Pancasila itself, therefore legal protection according to Pancasila means acknowledgement and legal protection to human’s value and dignity based on belief in the one and only God, humanity, unity, and social justice. These values reveal acknowledgement and protection towards human rights inside of unity country which honoring spirit of brotherhood to reach the commonwealth.

Philipus M. Hadjon stated that:

Legal protection is a protection of human’s value and dignity and recognition of human rights which owned by legal subject in a legal country based on regulations or rules that available in that country to prevent arbitrariness. Legal protection was usually formed into a written regulation, so the characteristic is more binding and causing sanction which has to be downed to the party who against it”.
Phillipus M. Hadjon divided legal protection into two types, which are:

  • Preventive legal protection

Preventive legal protection is aiming to prevent conflicts that might happen in the future by using rules or regulations. Preventive legal protection gives a big meaning to the government because with preventive legal protection, government is being pushed to be more careful in order to take a decision or action either which is based on discretion. There are no special arrangement yet related to preventive legal protection in Indonesia.

  • Repressive legal protection

Repressive legal protection is aiming to solve case or dispute that happened. Legal protection first principal is towards government’s action focused and came from the concept which about acknowledgement and protection towards human rights because according to western’s history, the reveal of acknowledgement and protection towards human rights concepts were directed to the restrictions and laying liabilities of society and government. Second principal underlie legal protection towards government’s action named as state law principal. Associated with the acknowledgement and protection of human rights got the first place or priority and could be associated with the purpose of state law.