Indonesia's Democracy and Constitution: Reflecting Human Rights Based on Pancasila (original) (raw)
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Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
Pancasila as an ideology and the basis of the Unitary State of the Republic of Indonesia, is a political choice of funding fathers in the midst of the choice of a religious or secular state in general. Aside from being an ideology and the foundation of the State, Pancasila is also the source of all sources of law in Indonesia. The purpose of the law is based on and originates from Pancasila, which is to embody human rights, which is to protect people passively or actively. Passively by preventing arbitrary actions from the emergence of legal products that are contrary to Pancasila and actively by creating humane social conditions that enable the social process to take place naturally so that every human being has the broadest and equal opportunity to develop all his full human potential with mutual respect for fellow children of the natio. But the fact is that in the life of society, nation and state after reforms many SARA groups (tribes, religions, races, groups) are free and even religion is used as a tool for certain political goals and more radical. One of the causes of the emergence of radicalism was after the P4 upgrading program was revoked so that the arrangements to ground the Pancasila praxis values in the legal system became empty. For this reason the need for stronger arrangements to ground the values of the Pancasila praxis in the reform era in welcoming and preparing for milneal generations.
The Strong State And Pancasila: Reflecting Human Rights in the Indonesian Democracy
Indonesian Constitutional Review, 2016
The rights of every Indonesian citizens are protected by the 1945 Constitution. Does the reality matches with the normative regulations? Does democratization improves the protection of human rights especially in term of the religious freedom? We find that there is a discrepancy between the ideal written constitution and the reality. In this following essay I argue that the failure of Indonesian democratic regimes to protect human rights is the result of the lack of " stateness ". The ideal of " stateness " is referring to Fukuyama idea that is " the ability of state to plan and execute policies and to enforce law ". I will present the argument that the weakness of the administration cause by an ambiguity in the interpretation of the Indonesia ideology, Pancasila (the Five-Principles). This paper will firstly discuss the idea of strong state and its relation to the protection of human rights. Alongside the theoretical examination of the concept, I will discuss the weakness of democratic regimes in Indonesia to protect human rights. This will be followed by an examination of the core argument of the paper, argue that the principle cause of the state weakness lies on the ambiguity of the administration to interpret Pancasila.
Revolutionizing Pancasila as the ideology of Indonesians
Revolutionizing Pancasila as the ideology of Indonesians, 2022
This article examines whether Pancasila as the sole principle and ideology and state philosophy is reflected in the Indonesian society. Understanding and appreciation of the values of Pancasila ideology are often considered only as a jargon, i.e., in the verbal perspective. Its implementation is neglected due to lack of insight and knowledge about Pancasila and not knowing its basic principles. Pancasila, which consists of five precepts, includes a series of attitudes and knowledge as well as hopes from the struggle of the Indonesian people to gain independence, and is regulated in the Pancasila state. The first precept is about God the Almighty (Ketuhanan yang Maha Esa); the second precept is about just and civilized humanity (Kemanusiaan yang adil dan beradab); the third precept claims the 'unity of Indonesia' (Persatuan Indonesia); the fourth precept claims democracy led by wisdom in the representative deliberation; the fifth precept claims social justice for all Indonesian people (Keadilan sosial bagi seluruh rakyat Indonesia). Pancasila is the source of all laws in the Constitution of the Republic of Indonesia, which constitutes it as a sovereign and prosperous country supporting the wealth of its people, the divinity in the One and Only, freedom of religion, respect for diversity and pluralism, and building a democratic state. Social problems that often occur in every society usually start from breaking the law, dangers of the extremism doctrine, and criminal acts of corruption that can damage the grassroots of Pancasila. Therefore, to defend the country and strengthen the basic precepts of Pancasila, it is necessary to understand and deepen the practice of Pancasila in the ideology of nationalism and democracy.
Pancasila as a Paradigm of Legal Development in Indonesia
SUNETI, 2022
Pancasila as the basis of the state philosophy of the Republic of Indonesia. There are several things that need to be ancient related to Indonesian history before the process and after the formulation of Pancasila as the basis of the state. This is related to the kingdom's struggle to maintain the existence of the Indonesian nation. As for the kingdoms and periods of revival, such as the kingdom of Kutai, Sriwijaya, Majapahit, and the period of the revival of Indonesia. Pancasila is also the basis of the Indonesian nation state until now it has experienced a long journey of time, in that time span many things or events happened to accompany the journey of Pancasila, so that Pancasila was established as it is today in front of all Indonesian people. Starting from the first incident when Pancasila was initiated, it has reaped many internal conflicts from its originators until now even in the era of reform and globalization, Pancasila is still hotly discussed by many educated circles, especially politicians and students. Most of the parties who discussed the issue of Pancasila were about the initial origination of Pancasila regarding the first precepts. Indeed, from the early history of the development of the Indonesian nation, we can see that the community component is formed from two major groups, namely the religious group in this case dominated by the Islamic religious group and the second is the Nationalist group. So, after many aspects of discussing Pancasila as the basis of the State, this is made as a record of the journey of Pancasila from era to era, so that we always do not forget the history of the formation of Pancasila as the basis of the State, and can also be used to become a mediator for parties who are having different opinions about the basis of the State so that in the future we will continue to be like our motto, namely "Bhinneka Tunggal Ika".Especially this in its application in our lives, including in the environment around us.
JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL
Pancasila democracy is a democracy that leads to the identity of the Indonesian nation. The journey of democracy in Indonesia still needs to go through a long process because it has not been fully implemented as it should. The implementation of democratic values in general elections and freedom of expression is one of the efforts that can be done to uphold democracy in the life of the state in the Unitary State of the Republic of Indonesia. This study aims to find out how important the implementation of the Pancasila values of Pancasila is in an effort to uphold democracy, especially in General Elections and Freedom of Opinion. The research method used is a qualitative method. This research is a literature study where all information and facts are sought from various sources such as books, articles, journals, and so on. Elections are one of the basic principles of implementing a democratic state which is contained in the fourth principle of Pancasila. Besides that, in a democracy ev...
Harmonization of Regulation Based on Pancasila Values Through the Constitutional Court of Indonesia
Constitutional Review
The legal system which is adopted and applied in Indonesia was based on the formation from the founding fathers which is adjusted to the condition and the spirit of Indonesia as a nation known for its legal system as Pancasila. Ideally, Pancasila serves as the philosophy for the nation of Indonesia, as state's ideology and as the basis of the state. However, in reality, vertical conflicts (government and society) and horizontal conflict (inter-society) have created a variety of concerns, in which the sense of nationalism and diversity has diminished. The trigger is because Pancasila can only be understood as the ideology and the basis of the state, without saturating the meaning contained therein. The paradigm development of Pancasila based on legal state should demand the development of a democratic constitutional state, which juxtaposes the principles of a rule-of-law (nomocracy) with harmonious and complementary principles of the sovereignty of the people (democracy). This ro...
PANCASILA AS PRINCIPLES OF THE INDONESIAN STATE
Pancasila, 2022
In Indonesia, every June 1 will be commemorated as the birthday of Pancasila, which refers to the speech made by Indonesia's first President, Soekarno on June 1, 1945 at the session of the Dokuritsu Junbi Cosakai or the Investigation Board for Preparatory Efforts for Indonesian Independence. Pancasila is the ideology of the Indonesian state.
The Manifestation of Indonesian Democracy; Between Pancasila State of Law and Islamic Nomocracy
Jurnal Hukum Novelty
The state of Pancasila law is a tool for people who have the power to regulate human relations in society and regulate the symptoms of power in society. As a country with the largest Muslim population in the world, Indonesia does not make Islam its legal basis. The Islamic Nomocracy and its values are embedded in the state of Pancasila law, as well as manifestation of democracy itself. Through these hyphoteses, the writer tries to find a common flateform between Pancasila and the Islamic Nomocracy in the formation of Indonesian democracy. This classic problem requires special attention, because the debate always triggers reactions and actions. Islam as a religion with complex system of living is believed to be a powerful mechanism in dealing with various life problems encountered. The Shari'ah consists of a combination of pre-Islamic customs and habits with principles and laws originated from the Qur'an and authentic prophetic tradition. Islamic scholars try to form Islamic teachings as ethical and national policies. Even so, the principle of the Pancasila state was accepted as final, at least there were Islamic nomocracy values embedded in the Pancasila while at the same time they contributed to build Indonesia's democracy as a modern country. The theological values in the Pancasila and islamic nomocracy should not be a mere formal rule, but should address the substance of democracy in Indonesia. The rule of law must be supported by a democratic system because there is a clear correlation between the rule of law which relies on the constitution, and the sovereignty of the people which is carried out through a democratic system. In a democratic system, people's participation is the essence of this system. However, democracy without legal regulation will lose form and direction, while law without democracy will lose meaning.
Proceedings of the Third International Conference on Social and Political Sciences (ICSPS 2017), 2018
Pancasila is believed to have an important history in establishing Indonesia as a nation. It is also believed to have united ethnics, languages, and religions in Indonesia successfully. Although there are different ways of implementing Pancasila from Soekarno era to Joko Widodo era, they agree that Pancasila is a philosophy, a life vision, and an ideology of Indonesia. Along the way, Pancasila has also been faced with communist ideology and Islamic political groups who want to replace Pancasila as the state ideology. The question proposed in this paper is whether Pancasila has a future in the midst of the surveys of more than 50 percent Indonesians agree on the Islamic Shariah (Islamic law). To illustrate, this study uses Signifier and Signified concept of a linguist, Ferdinand de Saussure. The Signifier is a conception of an object in which Pancasila as a symbol. Meanwhile, Signified is a conception of the function of the object or the function of Pancasila that is understood by people. Pancasila is interpreted as a guide for the life of the entire nation of Indonesia which later interpreted by other political Islam as a un-Islamic thing that is not based on Al-Quran and Hadith. The other views show that Pancasila is compatible with Islamic teachings. Although double meanings are unavoidable in an object, the meaning of Pancasila as a philosophy, a view of life, and an ideology of the nation becomes a challenge to the existence of other meanings.