Ius Constitutum sebagai Refleksi Nilai-Nilai Pancasila dalam Hukum Tata Negara
The Pancasila, as the foundational philosophy of the Indonesian state, is deeply embedded in every aspect of the nation's life, including its constitutional law. This is reflected in the concept of Ius Constitutum, a Latin term that refers to the established law or the law as it is. In the context of Indonesian constitutional law, Ius Constitutum is a reflection of the values of Pancasila. This article will delve into how this concept manifests in the nation's legal system.
Pancasila as the Foundation of Ius Constitutum
The Pancasila, comprising five principles, serves as the philosophical basis of the Indonesian state. These principles are belief in the one and only God, just and civilized humanity, the unity of Indonesia, democracy guided by the inner wisdom in the unanimity arising out of deliberations amongst representatives, and social justice for all the people of Indonesia. These principles are not just philosophical ideals but are also reflected in the Ius Constitutum, the established law of the land.
Ius Constitutum: The Established Law
Ius Constitutum, as the established law, is the embodiment of the legal norms and principles that govern the state. In Indonesia, the Ius Constitutum is derived from the Pancasila and is reflected in the nation's constitution and other legal instruments. It serves as the legal framework within which the state operates, ensuring that the values of Pancasila are upheld in the governance of the nation.
The Role of Ius Constitutum in Upholding Pancasila Values
The Ius Constitutum plays a crucial role in upholding the values of Pancasila in the governance of the state. It does this by providing a legal framework that is based on these values. For instance, the principle of belief in the one and only God is reflected in the freedom of religion guaranteed by the constitution. Similarly, the principle of just and civilized humanity is reflected in the human rights protections provided by the law. The Ius Constitutum, therefore, serves as a tool for the realization of the Pancasila values in the governance of the state.
Challenges in Implementing Ius Constitutum
While the Ius Constitutum serves as a reflection of the Pancasila values in the nation's legal system, there are challenges in its implementation. These challenges arise from various factors, including the complexity of the legal system, the diversity of the Indonesian society, and the dynamics of political power. Despite these challenges, the Ius Constitutum remains a crucial instrument for upholding the Pancasila values in the governance of the state.
In conclusion, the Ius Constitutum, as the established law, serves as a reflection of the Pancasila values in the Indonesian legal system. It provides a legal framework that is based on these values, ensuring that they are upheld in the governance of the state. Despite the challenges in its implementation, the Ius Constitutum remains a crucial instrument for the realization of the Pancasila values in the governance of the state.