Abstract
There has not been a common ground for perception of legal pluralism in Indonesia. Pros and cons against it are still found, both on the theoretical and practical levels. It is often opposed by legal unification which might endanger the unity of nation. Under the movement of law and literature, this paper is intended to promote the contribution of literature to share the common ground for the study of legal pluralism in Indonesia. Using the literary point of view, legal products is analogous to literary products. A study of literary works will not be separated from the paradigm applied. One paradigm used is that the study of literary works will be inseparable from the reality that exists in society. The study of legal pluralism can be analogous to the study of various works of literature. The issue of pluralism and national law needs to be studied based on a deeply rooted value system in the life of the Indonesian nation, Pancasila. In a literary perspective, Pancasila deserves to be a scientific paradigm for studying legal pluralism in Indonesia. The values of Pancasila are believed to be true, and are used as guidelines in all activities of Indonesian life.
Highlights
The study of legal pluralism is still a polemic in Indonesia
The urgency of Pancasila as a scientific paradigm needs to really get attention, so on the one hand the study of legal pluralism is not biased to other ideologies, and on the other hand the development of national legal system can be organized based on the values of Pancasila
Under the movement of law and literature, the study of legal pluralism can be analogous to the study of various works of literature
Summary
The study of legal pluralism is still a polemic in Indonesia. There have been various conflicting arguments as to whether it is acceptable or not and whether it is dangerous or not for the existence of national law and the unity of nation. (4) Legal pluralism exposes people's choice to use certain laws when they are in conflict Those perspectives demonstrate the fact that the legal pluralism exists in the society. Religious conflict, or Tribes, Races, Religions, And Intergroup, (SARA) nuances - both horizontal and vertical conflicts - continue to increase, both quantitatively and qualitatively Is not such a thing, contrary to Article 33 paragraph (3) of the 1945 Constitution that the earth, water, space and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people? Those problems happen because that there has not been a common ground for the legal pluralism’s study, while, it ironically endangers the unity of nation This invites great concern from those who deal directly with the legal matters such as law students, practitioners and legal scientists and those who are interested in legal matters from different field of studies. Pancasila deserves to be a scientific paradigm in studying legal pluralism in Indonesia
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