Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Legal Ideal of Pancasila on Legal Politic in the Formulation of Laws and Regulations

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306458,
        author={Syarif  Syarif and Suparno  Suparno},
        title={Legal Ideal of Pancasila on Legal Politic in the Formulation of Laws and Regulations},
        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={the legal ideal of pancasila; legal politic; legislation formation},
        doi={10.4108/eai.6-3-2021.2306458}
    }
    
  • Syarif Syarif
    Suparno Suparno
    Year: 2021
    Legal Ideal of Pancasila on Legal Politic in the Formulation of Laws and Regulations
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306458
Syarif Syarif1,*, Suparno Suparno1
  • 1: Universitas Borobudur Jakarta
*Contact email: syarifunborr@gmail.com

Abstract

In social, national, and state life, Pancasila has four positions, namely the state philosophy, ideology, legal ideals (rechtsidee), and the source of all sources of Indonesian law. Since the reformation of Pancasila, it has been neglected in the life of society, nation, and state. One of the disadvantages of reforming Pancasila is the erosion of Pancasila as the ideal of law and the source of all sources of law in the national legal system, resulting in Pancasila no longer having binding power in the national legal system. This is because Pancasila as a legal ideal (rechtsidee) has not been completely used in legal politics in the formation of legislation. For this reason, the importance of legal politics in the formation of legislation makes Pancasila a legal ideal that is embodied as the source of all sources of law in Indonesia. As a rule of law, the ideals of Pancasila law must be placed as a foundation and direction in the legal politics of the formation of legislation in Indonesia.