Research Article
Indonesian Legal Reform Based on Pancasila
@INPROCEEDINGS{10.4108/eai.6-3-2021.2306451, author={Muhammad Muladi and Suparno Suparno}, title={Indonesian Legal Reform Based on Pancasila}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2021}, month={5}, keywords={legal reform; pancasila}, doi={10.4108/eai.6-3-2021.2306451} }- Muhammad Muladi
Suparno Suparno
Year: 2021
Indonesian Legal Reform Based on Pancasila
ICLSSEE
EAI
DOI: 10.4108/eai.6-3-2021.2306451
Abstract
Sovereignty is the essence of independence, namely the right of every nation to determine its destiny and determine what is best for its nation. Indonesia has been independent for 75 years, but not yet independent in the true sense, especially independence in the field of law. Of course, this is very concerning and is a serious issue that must immediately reform Indonesian law. The importance of legal reform is a form of state sovereignty in the field of law. Besides, Pancasila in this regard as rechtsidee has not been fully positioned as a legal ideal. Reform is carried out by reaffirming a return to the ideological path, namely through the formation of Indonesian law and legal system, which is grounded and based on the values of Pancasila as the state philosophy, ideology, legal ideals, and the source of all sources of Indonesian law. Pancasila has a position as the state's fundamental norm (staatsfundamentalnorm) which is the highest norm in the Indonesian legal norm system. The placement of Pancasila as the source of all sources of state law has the consequence that all laws and regulations are sourced and must not conflict with the values of Pancasila. Through this legal reform, it is expected that it can provide a guarantee, certainty, and true justice for all Indonesian people.