The Position of Pancasila as Legal Ideals and Source of All Legal Sources in Indonesia

Abstract

From the reformation era until now, Pancasila is just an idea that is often forgotten how its implementation in the life of the nation and state. As the foundation for the life of the nation and state, Pancasila has four positions, namely the state philosophy, ideology, legal ideals (rechtsidee), and the source of all sources of Indonesian law. The position of Pancasila as a legal ideal (rechtsidee) and the source of all sources of Indonesian law has not been fully utilized in the implementation of the formation of legislation. Infiltration of the ideas of capitalism and liberalism often occurs in the process of forming legislation without heeding the interests of the people, nation, and state for the sole interest of investors, even for foreign interests. This condition is of course very worrying for all of us as the nation's children. This requires awareness of the ideals of Pancasila and make it as the source of all sources of law in Indonesia. As a rule of law, the ideals of Pancasila law must be placed as the basis and direction for the formation of legislation in Indonesia. Likewise, making Pancasila the source of all sources of law in Indonesia. With the stipulation of Pancasila as a fundamental norm (staatsfundamentalnorm), the formation of law, application, and implementation cannot be separated from the values of Pancasila.