Research Article
Pancasila As a Source of Law “Das Sollen” And “Volkgeist” In Indonesia Law Renewal
@INPROCEEDINGS{10.4108/eai.16-4-2022.2320139, author={Muhammad Hamka}, title={Pancasila As a Source of Law “Das Sollen” And “Volkgeist” In Indonesia Law Renewal}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={pancasila; as a source of law and order}, doi={10.4108/eai.16-4-2022.2320139} }- Muhammad Hamka
Year: 2022
Pancasila As a Source of Law “Das Sollen” And “Volkgeist” In Indonesia Law Renewal
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2320139
Abstract
Since the Proclamation of Independence August 17, 1945 until now, explicitly or tacitly, consciously or not, the unitary state of the Republic of Indonesia has inherited the remnants of the colonial legal order which consists of its structure (including all forms of the process) and its substance, but systemically changes have been made in the framework of national law reform. This means that Pancasila still has formal legitimacy to be used as a source of all sources of legal order. Therefore, to adapt to the reform era, including the field of national law development, the desire to build a legal system that is more Indonesian in character with all its attributes of authenticity is indeed a hope (das sollen). Ideally for a modern national law in the era of globalization in addition to containing "local characteristics" such as the ideology of the Pancasila nation, and the nation's traditions, Pancasila as a source of law and the philosophy of the Indonesian nation, is a manifestation of the personality and character of the Indonesian nation or in other words as a form of civilization. the Indonesian people, who deliver ideas for legal reform and as a source of all sources of legal order, and have an attachment as a basis for legal reform in Indonesia.
