Manuscript Title
PANCASILA AS A LEGAL SYSTEM AND SOURCE OF NATIONAL LAW OF THE STATE OF INDONESIA
Author(s)
Roman Smarandhana Elhaj, Budi Santoso, Irma Cahyaningtyas
DOI Number: 10.5281/zenodo.10183624
Published: 23-11-2024
About The Author(s):
1. Roman Smarandhana Elhaj - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. Budi Santoso - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. Irma Cahyaningtyas - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Abstract
The purpose of this study is to analyze: 1) How does Pancasila exist as a legal system and the source of all sources of national law?; 2) What are the efforts to strengthen and implement Pancasila as the source of all legal sources in the Indonesian national legal system?; The research method used is normative juridical with a legislative approach, a conceptual approach, and a case study. The results of the study show that: 1) Pancasila as the source of all sources of law is a fundamental norm as the basis for the formation of the constitution of the Republic of Indonesia, which must be reflected and animate all legal content (Laws and Regulations). 2) To be able to apply Pancasila as the source of all sources of law in the national legal system, two ways are sought, namely: first, making Pancasila a flow of law. Second, occupying Pancasila as the top in the hierarchy of laws and regulations. Thus, Pancasila is no longer just normative-semantic as the source of all legal sources but can really be applied in the national legal system.
Keywords
Pancasila, Legal System, National Legal Sources, State of Indonesia