Abstract

As the philosophy and ideology of Indonesia, Pancasila has been determined as the source of all sources of state law as set in the decree of MPRS No. XX / MPRS / 1966 concerning Memorandung of DPR-GR Concerning the Regulatory Sources of the Law of the Republic of Indonesia and the Order of Indonesian Legislative Regulations, subsequently in its development, Pancasila remains the Source of all sources of state law, especially in Article 2 of Act No. 10 of 2004 and the latest Act No. 12 of 2011 concerning Formation of Legal Regulations. The development of the Formation of legislation is problematic concerning the field of the formation of Legislation which by several Constitutional Court, it has been declared to be contrary to the 1945 Constitution of the Republic of Indonesia meaning that it is contrary to the Pancasila itself, including the Regulations under the law in which the contents do not reflect the values of Pancasila. It is caused by the missing article, paragraph, or content in the Law of Legislation Formation, PPs, or other rules stating any values that ​​are the basis of the Formation of Laws. This void of Pancasila values must be determined to confirm that Pancasila is the source of all sources of state law, and a comprehensive understanding of the meaning and legal status of Pancasila as the Formation of Laws and Regulations in Indonesia is needed. Keywords: Pancasila, Meaning and Legal Position, Pancasila values. DOI : 10.7176/JLPG/90-08 Publication date :October 31 st 2019

Highlights

  • Before the state was established, in any part of the country, a basic state developed was called the "philosofische grondslag" as the foundation of the nation and state

  • According to Alfian as cited in Soeprapto stated that ideology is view of life or phylosophy containing sets of comprehensive norms or basic value systems upheld by certain society or nations

  • These results and discussions will analyze some of the problems described above, so to be coherent this discussion will describe one by one the issue with the following results: 3.1 The Meaning of Pancasila as Source of Formation of Legislation in Indonesia A

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Summary

Introduction

Before the state was established, in any part of the country, a basic state developed was called the "philosofische grondslag" as the foundation of the nation and state. According to Alfian as cited in Soeprapto stated that ideology is view of life or phylosophy containing sets of comprehensive norms or basic value systems upheld by certain society or nations. These basic values are usually derived from the culture and historical experience of the community or nation, rooted and live in the reality of their lives, especially when they make a consensus to make it an ideology.. These basic values are usually derived from the culture and historical experience of the community or nation, rooted and live in the reality of their lives, especially when they make a consensus to make it an ideology. Ideology functions as a guide star in the life of the nation and state used as a guideline to achieve the ideals of a country which will later be elaborated or realized in political, security, socio-cultural, economic values, etc

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