Transcendental Paradigm In Pancasila

Arie Purnomosidi

doi:10.23917/jtl.v1i2.9414

Abstract

ABSTRACT Purpose: This article aims to elucidate how the transcendental paradigm in Pancasila. Methodology: The writing of this article used the doctrinal method by using philosophical and theoretical approaches. Finding: Indonesian law tends to be paradigmatic towards power. This condition caused a materialistic and atheistic way of law. Therefore, it has evoked a crisis in law. Supposedly, Pancasila is a legal basis that is based on the spirit of the nation (volkgeist) of Indonesia. Pancasila is a law that is under the characteristics of people in Indonesia, which are more monodualistic and pluralistic in nature. Therefore, Pancasila contains transcendental values, which are sourced from divine values in religious, ethical, and moral law. The transcendental paradigm in Pancasila can be observed from the opening of the 1945 Constitution, which states that the independence of the Indonesian state is due to the blessing of the Almighty God. The opening of the 1945 Constitution is a substantial agreement among the founders of the nation, which forms the basis of the state-building, and the embodiment of the nation's founders. Importance: It is expected that the transcendental paradigm elucidated in this article can be an alternative solution to overcome the Indonesian legal crisis that can mislead human civilization. Originality/novelty: Orientation of Transcendental paradigms in the principle of Pancasila can be the answer to Indonesia's legal problems that tend to be power-oriented. Keywords: Paradigm, Transcendental Law, Pancasila

Highlights

IntroductionThe current law in Indonesia is derived from Western law in the Europe continental (positivist) paradigm
The current law in Indonesia is derived from Western law in the Europe continental paradigm
The transcendental paradigm in Pancasila can be observed from the opening of the 1945 Constitution, which states that the independence of the Indonesian state is due to the blessing of the Almighty God

Summary

Introduction

The current law in Indonesia is derived from Western law in the Europe continental (positivist) paradigm. Positivistic philosophy was taught by two famous exponents, namely Henri Saint-Simon (1760-1825) and Auguste Comte (1798-1857). Positivism is an understanding that demands that every methodology, which is thought to find the truth, should treat reality as something that exists as an object, which must be released from any metaphysical pre-conception that is subjective in nature.[1]. To be applied to the law thought, positivism requires the release of meta-juridical thought about law as adopted by natural law exponents. Law is no longer conceptualized as a metaphorical (abstract) moral meta-juridical principle of the nature of justice, but ius that has been positivated as a lege or lex, in order to guarantee certainty of 'what is counted as law' and 'what even though normative must be stated as things that are not counted as law '.2

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Conclusion