Peran Pancasila sebagai Hukum Tertinggi dalam Sistem Hukum Indonesia

(154 votes)

The Indonesian legal system is a complex tapestry woven from various sources, including customary law, religious law, and international law. However, at the heart of this system lies Pancasila, the five principles that serve as the philosophical foundation of the nation. Pancasila is not merely a set of ideals; it is enshrined in the 1945 Constitution as the highest law of the land, guiding and shaping all other laws and regulations. This article delves into the profound role of Pancasila as the supreme law in the Indonesian legal system, exploring its influence on legal development, judicial decision-making, and the overall governance of the nation. #### Pancasila as the Foundation of Indonesian Law Pancasila, meaning "five principles," embodies the core values of Indonesian society. These principles are: (1) Belief in the One and Only God, (2) Just and Civilized Humanity, (3) The Unity of Indonesia, (4) Democracy Guided by the Wisdom of Deliberation Among Representatives, and (5) Social Justice for All Indonesians. These principles are not merely abstract ideals; they are woven into the fabric of Indonesian law, providing a moral and ethical framework for legal development and application. The 1945 Constitution, the supreme law of the land, explicitly states that the Indonesian state is based on Pancasila, making it the ultimate source of legal authority. #### The Influence of Pancasila on Legal Development Pancasila's influence on legal development is evident in the numerous laws and regulations that have been enacted since Indonesia's independence. The principles of Pancasila have guided lawmakers in formulating legislation that reflects the values and aspirations of the Indonesian people. For instance, the principle of "Just and Civilized Humanity" has been instrumental in shaping laws related to human rights, social welfare, and criminal justice. Similarly, the principle of "Unity of Indonesia" has guided the development of laws promoting national integration and cultural diversity. #### Pancasila in Judicial Decision-Making Pancasila plays a crucial role in judicial decision-making. Judges, when interpreting and applying the law, are expected to consider the principles of Pancasila and ensure that their decisions align with these fundamental values. This means that judges must not only apply the letter of the law but also consider its spirit and its implications for the well-being of the Indonesian people. The principle of "Social Justice for All Indonesians," for example, guides judges in ensuring that their decisions promote fairness and equity in society. #### Pancasila and the Governance of Indonesia Pancasila's influence extends beyond the legal system to the broader governance of Indonesia. The principles of Pancasila serve as a guiding framework for the government in its policies and actions. For example, the principle of "Democracy Guided by the Wisdom of Deliberation Among Representatives" emphasizes the importance of participatory governance and the role of the people in shaping the nation's future. This principle has been instrumental in promoting transparency, accountability, and public participation in government decision-making. #### Conclusion Pancasila is not merely a set of ideals; it is the bedrock of the Indonesian legal system, shaping its development, guiding judicial decision-making, and influencing the overall governance of the nation. The principles of Pancasila provide a moral and ethical framework for lawmaking, ensuring that laws reflect the values and aspirations of the Indonesian people. By upholding Pancasila as the highest law, Indonesia seeks to create a just, equitable, and prosperous society for all its citizens.