PERADILAN RASULULLAH SAW DAN RELEVANSINYA DENGAN PENEGAKAN HUKUM PASCA REFORMASI

Abstract

Rechtsstaat was dreamed by human kind for centuries, at least it dreamed since Plato wrote his Nomoi. When the philosophers in modern world reactualized this concept, rechtsstaat, they made judiciary independent as a part of it absolutly. It is imposible, according to them, to make a country become rechtsstaat without independency of judiciary. They introduced, then, separation of power in a concept, called trias politica. According to trias politica, the state powers must be distributed to some persons or institutions and there is no intervension from one to the others. The separation of powers is, indeed, one of many way to enforce the law and justice. In some centuries ago, however, Muhammad saw had collected all power of country in his hand but he successfully to settle the cases. The success of Muhammad in settlement of cases related strongly to spirituality quotient of him and his followers. The spirituality quotient as exampled by Muhammad in settlement of cases may be followed by judges in this country nowadays to accelerate realization of rechtsstaat.