Teori Pemisahan Kekuasaan Trias Politica Dalam Pemikiran Filsafat Hukum Montesquieu

Abstract

Philosophical thinking is an understanding of something from philosophers which is determined based on a logical and systematic system of thinking to understand the nature of reality in finding the real truth. Montesquieu, as a descendant of kings, saw that his country was governed by an absolute king, which actually created problems regarding the authority of power. Montesquieu coined the theory of trias politica which has three types of power in a state, which divides state power into executive power, legislative power and judicial power. The approach method used in this writing is a qualitative approach method which is focused on literature review as a reference in completing this writing, and the results of this writing focus on the concept and implementation of the trias politica theory according to Montesquieu regarding state life through the separation of powers which is expected to be independent in power and equal, thus allowing for mutual control and balance in the state and by carrying out the trias politica separation of powers to prevent the concentration of power in one hand which will give birth to arbitrariness in a country.