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Edunity
Volume 3 Number 3, March, 2024
p- ISSN 2963-3648- e-ISSN 2964-8653
PANCASILA AS A PARADIGM FOR THE DEVELOPMENT OF LEGAL SCIENCE
Junaedi
Universitas Langlangbuana, Bandung, Indonesia
[email protected].id
ABSTRACT
This research explores the role and relevance of Pancasila and the 1945 Constitution in
facing the challenges of globalization and the multidimensional crisis in Indonesia.
Using qualitative methods, this study highlights the need for legal reform to follow the
paradigm of legal development, with the main question of whether Pancasila can be
the main foundation of legal development. The research findings show that there is
disorientation in applying Pancasila values, but Pancasila-based education strategies
can be an effective solution. Challenges faced include political and ideological barriers,
but there are opportunities to increase awareness and integration of Pancasila values
in legal education and practice. This research confirms that Pancasila as a paradigm for
the development of legal science plays an important role in shaping the character of
citizens, ensuring justice and welfare in accordance with the 1945 Constitution. The
results emphasize the need for a comprehensive approach to legal education that
integrates Pancasila values, as well as cooperation between legal practitioners,
policymakers, and civil society. The integration of Pancasila values is considered key
to ensuring that the law reflects the nation's identity and acts as an instrument of
inclusive and equitable development. as for the purpose of this study aims to analyze
how the two principles can be used as a foundation in dealing with changes and
resolutions.
Keyword: Pancasila; Paradigm; Development of Legal Science
Introduction
The history of struggle and constitutional life has proven that Pancasila and the
1945 Constitution are the best choice for us in organizing the unitary state of the Republic
of Indonesia. Likewise, in welcoming the growth, our needs, and the development of the
world where human rights have also been covered in the 1945 Constitution and further
legislation in its implementation. The rights of a nation in the implementation of
Indonesian human rights are placed within the framework of the nation's outlook on life
culture and legal ideals. If we look at the actual situation and conditions today, it appears
that the life of society, nation, and state based on Pancasila and the 1945 Constitution, is
facing a severe ordeal, namely a multi-dimensional crisis in all aspects of national life.
These situations and conditions are caused by globalization which can affect the
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mindset, attitude, and action patterns of the community so that it will affect the mental
and spiritual condition of the Indonesian nation.
Globalization is characterized by the strong influence of international community
institutions and developed countries that participate in regulating politics, economy,
social culture, and global defense and security (Pahlevi, 2017); (Rahman, SH, & Baso
Madiong, 2017). This condition will foster various conflicts of interest, both between
developed and developing countries, between developing countries and international
institutions, and between developing countries. In addition, global issues including
democratization of human rights and the environment also affect the national situation.
Globalization, which is also marked by the rapid development of science and
technology, especially in the fields of information, communication, and transportation,
makes the world transparent as if it were a village without knowing national borders
(GINTING, 2023); (Rahmawati Arofah & Sri Gunarsih, 2019).
Movements and changes in one particular field of science will also affect other
sciences. If we state that the frontier of science is always changing, the wave of change
will sooner or later also hit the science of law. The crucial thing here is whether legal
scientists realize the situation or not. If they do not realize it, then changes in one field of
science will simply pass by. Legal science becomes a closed and isolated science. This
situation does not raise the dignity of legal science as a science.
In line with globalization which has an impact on the multi-dimensional crisis, it
has led to reform in Indonesia where the sector that is considered the most severe and
needs to be sponsored is the legal sector. The people's demand for reform is a necessity
because the reform process that reorganizes is impossible without making changes to
the laws and regulations (Rahmawati Arofah & Sri Gunarsih, 2019). Legal products, both
material, and enforcement, are felt to be getting away from human values, populism,
and justice. The legal subsystem seems unable to protect the interests of the community
and what applies is only imperative for government administrators (Harahap, Ummah,
Rohanawati, & Mardhatillah, 2019).
Considering Pancasila as a system of philosophy and at the same time as a source
of Indonesian legal order, all legal issues should be returned to the noble values of
Pancasila as a source of law.
The research objective of this study is to explore the role of Pancasila and the 1945
Constitution in facing the challenges of globalization and the multi-dimensional crisis in
Indonesia, with a focus on the legal aspect. The research aims to analyze how the two
principles can be used as a foundation in facing changes and solving legal problems
faced by the country.
The benefit of this research is to provide a deeper understanding of the relevance
of the values of Pancasila and the 1945 Constitution in the context of globalization and
multi-dimensional crises. Thus, this research is expected to provide a more
comprehensive view in formulating legal policies that pay attention to human values,
populism, and justice, and reflect the identity and character of the Indonesian nation.
This research is also expected to contribute to identifying and implementing necessary
reforms in the Indonesian legal system so that it can be more effective in safeguarding
the interests of society and ensuring the protection of human rights.
Pancasila As A Paradigm For The Development Of Legal
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Research Methods
The research method used to answer this problem is the qualitative research
method. This method will allow researchers to explore a deep understanding of the
thoughts and views of legal experts related to the paradigm of legal science development
and the role of Pancasila in that regard. By conducting interviews and analyzing
literature, the researcher can explore legal scholars' awareness of the changing legal
landscape and the potential isolation of legal science. In addition, the researcher can
investigate the impact of globalization on the legal sector and the need for legal reform
in Indonesia. This method will enable the researcher to gather rich and detailed insights
from legal scholars, examining their perspectives on the changing paradigm of legal
science and the role of Pancasila in guiding the development of legal science. The
findings of this qualitative research will provide a deeper understanding of how legal
scholars view the majesty of legal science and its role in the current era.
Results And Discussion
Results
Through this research, it was found that the respondents believe that there is a
disorientation in applying the values of Pancasila as the basis of the Unitary State of the
Republic of Indonesia as much as 80%. In addition, the results also show that the
Pancasila-based systemic and cultural ethics education model developed through
interrelated and facilitated inputs, processes, outputs, and feedback is an effective
strategy for instilling Pancasila values in elementary school students.
The research also provides insights into the challenges of aligning the legal system
with the principles of Pancasila. This includes the need for comprehensive legal
education and training that includes ethical values and a deep understanding of
Pancasila. This research shows that Pancasila plays an important role in shaping the
development of legal science. The researcher also found that there are potential obstacles
in implementing legal reforms that are aligned with the precepts of Pancasila, such as
political and ideological obstacles. However, there are also opportunities for progress,
such as raising awareness and advocating for the integration of Pancasila in legal
education and practice.
Therefore, it is important to engage legal practitioners, policymakers and civil
society members in discussion and collaboration to ensure that the law reflects the values
of Pancasila and advances justice and welfare in line with the 1945 Constitution. The
research findings indicate the need for a comprehensive approach to legal education that
integrates the principles of Pancasila. This includes incorporating ethical values and
providing an in-depth understanding of Pancasila in the curriculum and legal training
programs. This approach will assist in developing law graduates who not only have
strong legal knowledge and skills but also have a deep understanding of the values and
principles of Pancasila. Therefore, Pancasila becomes a paradigm for the development
of legal science and plays an important role in shaping the character of citizens.
Therefore, Pancasila becomes a paradigm for the development of legal science and plays
an important role in shaping the character of citizens.
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Discussion
Philosophically, the Indonesian nation before establishing the state was a divine
and humanitarian nation, this is based on the objective fact that humans are creatures of
God Almighty (NURHAKIM, 2018); (Syaifudin, 2019). The absolute requirement for a
state is the existence of unity which is realized as the people (is the main element of the
state) so that philosophically the state is united and populist, consequently the people
are the antalogical basis of democracy, because the people are the origin of state power.
On the basis of this philosophical understanding, in state life, the values of Pancasila are
the basis of state philosophy. Consequently, every aspect of state administration must
be based on the values of Pancasila, including the system of laws and regulations in
Indonesia (Amri, 2023); (Wahyuningsih, 2014).
The antalogical basis of democracy that places the people as the origin of the state
must have implications for the preparation of legal products that have a democratic
character regarding the characteristics of Afan Gaffar's legal products in the politics of
national legal development. Muqoddas et al, relate it to the type of regime, in the
democratic Regime type the characteristics of legal products are “Populist, Progressive,
Limited, Interpretation”, while the mechanism is carried out in a pluralistic/competitive
manner. For non-democratic Regime types, the characteristics of legal products are
Elitist, Conservative, and Open to Interpretation, while the mechanism is carried out in
a Centralistic/non-competitive manner.
We must distinguish the concept of democracy, recruiting Western democracy
which is individualistic and liberalistic with Pancasila which has socialistic nuances, this
affects the style of law in the formulation of laws, for example in the Basic Agrarian Law.
The notion of property rights in the Basic Agrarian Law is recognized as the strongest
and fullest right on the other hand, property rights function socially.
Pancasila as a philosophical system is placed as the philosophy of life of the
Indonesian nation and at the same time as the basis of the state the values contained in
it will become the moral basis and at the same time the center of the regulation of
Indonesian human life (Achadi, 2020); (Rahayu, 2017). Law as part of existing social
norms cannot be separated in its preparation and formation from the values contained
in each principle contained in Pancasila, so that there is harmony between Pancasila as
a source of law and legal norms as its actualization.
The acceptance of Pancasila as a source of law can be in line with legal thought and
theory, among others:
The theory of law put forward by Hans Kelsen with his Stufenbau des recht “law
is hierarchical” stratified, where the lower level of law must not conflict with the higher
level of law. The highest level of law is the Grund Norm which is none other than the
Social Foundations of law for the Indonesian nation, none other than Pancasila.
The historical school, studied by Carl von Savigny, states that “the law is not made,
but grows and develops together with society. (Volksgeist). The Utility School, from
Jeremy Bentham, the conception “the law must be beneficial to society, to achieve a
happy life”. The Sociological School of Jurisprudence, from Eugen Ehrlich whose
concept is “the law made must be by the law that lives in society” (living law).
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From the various theories and thoughts mentioned, it can be seen how tight the
relationship between law on the one hand and social values on the other hand, on the
one hand, the law must be sourced and based on social values/morals on the other hand
social values must receive legal protection. The interrelationship further clarifies
Pancasila as the crystallization of Social Values. Not only does it function as a source of
law but at the same time it also becomes an actual legal system according to the
development of society at its time.
Since Indonesia was not yet independent, it has been recognized that the
Indonesian nation has its own laws and this was recognized by Van Vollenhoven, ter
Haar andLogeman who were of the view that “the Indonesian nation is the only nation
that has its own laws in accordance with its personality” because of this, Van
Vollenhoven and his students tried to prevent the destruction of customary law by the
influence of Western thought.
In line with Van Vollenhoven's thinking, the legal policy applied in the Dutch East
Indies at that time was the issuance of the provisions of articles 131 IS and 163 IS which
classified the population of the Dutch East Indies into three categories with each
different law, for the European group subject to Bugerlijk Wet boek (BW), the Foreign
Eastern group is subject to its native law; and as BW the Bumi Putra population is subject
to Customary law.
This kind of population classification cannot be separated from certain motivations
and political goals to place the indigenous population / Bumi Putra at a lower stratum,
but on the other hand it is a form of recognition of the existence of the original law of
Bumi Putra, namely Customary law which is allowed to live according to the personality
of the Indonesian nation. In its development after Indonesia's independence, customary
law was still recognized as one of the sources in the preparation of the codification and
unification of Indonesian National law.Pancasila as a legal ideal has a depth of meaning
in its content.
describes the purpose and function of modern law as stated in MPRS Decree no.
XX/MPRS/1966 jo MPR Decree No. V/MPR/1973 and MPR Decree No. IX/MPR/1978. It
is explained that the source of legal order in the Republic of Indonesia is the view of life,
awareness and ideals of law and moral ideals which include the psychological
atmosphere and character of the Indonesian nation. It is further said that these ideals
include ideals regarding independence, individuals, national independence, humanity,
justice, social, national and moral peace, political ideals regarding the nature, form and
purpose of the State, moral ideals regarding social and religious life as an embodiment
of human conscience (Darmodihardjo, 1980; 24).
Regarding the purpose of the State as stated in the Preamble of the 1945
Constitution, the fourth paragraph is to form an Indonesian State Government and to
advance the general welfare, educate the nation's life and participate in implementing
world order based on independence, lasting peace and social justice (Achadi, 2020);
(Amri, 2023); (Rahayu, 2017).
The moral ideals of Pancasila with the state goals to be realized as a welfare state
are in line with the goals and functions of modern law which not only prioritizes order
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and justice but also places the law to function as a reform to realize (Achmad Rifai, 2020)
(Sh, 2023).
Regarding the function of law as a means of development or means of community
renewal according to Muchtar Kusumaatmadja, it is based on the assumption that the
existence of order and order in development or renewal efforts is something that is
desired or even considered (absolutely) necessary. The assumption contained in the
conception of law as a means of renewal is that the law in the sense of rules or legal
regulations can indeed function as a tool (regulator) or means of development in the
sense of regulating the direction of human activities in the direction desired by
development or renewal. Both of these functions are expected to be carried out by law
in addition to its traditional function 'yes' to ensure certainty and order.
The function of law as a means of reforming society must be able to be played
correctly in delivering reform in the field of law which requires so many changes in legal
norms, law enforcement and legal culture.
The implementation of law during the reform period must truly place the
supremacy of law in realizing a democratic state where the implementation of law must
be able to realize guarantees for the realization of justice, equality before the law and the
implementation of laws that are truly clean from KKN.
In today's legal reform in addition to Pancasila as a paradigm for legal reform
which is a source of norms and a source of value, there are main elements that are no
less important, namely the empirical reality that exists in society, because society is
dynamic both regarding its aspirations, as well as civilization and advances in science
and technology. then changes and legal reform must be able to accommodate them in
legal norms.
The formulation of legal norms should be based on formal legal sources, which are
viewed from the form and procedure for its preparation, as well as based on material
law, which is a legal source that determines the material or content of a legal norm.
Regarding the source of material law in our passive law is none other than the
values of regius, moral humanity as contained in Pancasila, then the law derived from
religion (Islam) has the same place as a source in the preparation of positive law in
Indonesia in line with other sources of law. This is what distinguishes Western law from
the law derived from Pancasila.
In Western legal thought, the law is something independent, therefore it must be
completely detached from any factor including religion. Such thinking is a result of 17th-
century rationalism and 18th-century Aufklarung which have recognized the droit devin
of kings and have negated the legal power of the Gospel. Since then God has been
excluded from all areas of law, all laws have become human laws. Rationalism in the
West has also given birth to a rational concept of modern law, which is secular, therefore
the substance of modern law is completely separated from religious and ethical
considerations. In contrast to the concept of the great rational thinkers, law according to
the concept of Pancasila positive law must be measured by the rules that come from God
(God's law), with humanity and justice (Kodrat law), the state of goodness (Ethical law)
with the principles of Pancasila.
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Conclusions
Pancasila is not only a philosophical system that describes the philosophy of life
of the Indonesian people, but also a paradigm in the development of legal science in
Indonesia. As a Ground Norm, Pancasila is the main source in the preparation of positive
law in this country. The distinctiveness of Indonesian positive law derived from
Pancasila lies in the inclusion of divine values and religiosity, which distinguishes it
from Western positive law which tends to be secular.
In the context of legal reform, it is important to consider the values of Pancasila as
the main guideline. Legal changes made must be in line with these values, considering
Pancasila as the source of all sources of law in Indonesia. Thus, the harmony between
positive law and Pancasila values will lead to a legal system that is more in line with the
character and identity of the Indonesian nation.
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