The Influence Of Understanding The Code Of Ethics And Work Motivation On The Level Of Discipline Violations Among Police Members In The West Kalimantan Regional Police

Abstract

The 1945 Constitution of the Republic of Indonesia is a written basic law that serves as the foundation for the organization of national and state life. Article 1 paragraph (3) of the 1945 Constitution states that "The State of Indonesia is a state based on law." This formulation has fundamental meaning because it emphasizes the principle that Indonesia is not a state based solely on power (machtsstaat), but rather a state that places law as the basis and guideline in every aspect of national and state life. The concept of a state based on the rule of law is closely related to the founding ideals of the Indonesian nation, as stated in the Preamble to the 1945 Constitution, namely to protect all Indonesians, advance public welfare, enhance the nation's intellectual development, and realize social justice. Thus, law is viewed not only as an instrument of power, but also as a means to achieve justice, certainty, and protect the rights of citizens. In the context of Indonesian constitutional law, the affirmation of Article 1 paragraph (3) of the 1945 Constitution has broad implications, including the obligation of all state administrators to exercise power based on law, uphold human rights, and enforce the principle of equality before the law.  also demands an independent, transparent and accountable judicial system as a guarantor of the upholding of the law. However, in practice, the implementation of the principle of the rule of law in Indonesia still faces various challenges. Violations of the law, injustice, and abuse of power are still common. This situation creates a gap between the ideals of the constitution and the reality of legal practice in the field. Therefore, a study of Article 1 paragraph (3) of the 1945 Constitution is important for a deeper understanding of how the principle of the rule of law can be implemented consistently to achieve justice and prosperity for all Indonesian people. Within the framework of the rule of law, the Indonesian National Police (Polri) has a very strategic role. This is emphasized in Article 30 paragraph (4) of the 1945 Constitution that "The Indonesian National Police as a state instrument that maintains public security and order is tasked with protecting, serving, and enforcing the law." Thus, the existence of the Polri is a manifestation of the principle of the rule of law, because through its duties and authorities, the Polri is at the forefront in realizing justice, order, and legal certainty in society.