Reactualization of Pancasila as a Source of Indonesian Law in Realizing Justice

Abstract

Pancasila, as the basis of the state, continues to experience fluctuations and challenges occasionally. As the basis of the state's view of life, Pancasila directs how the process and law are carried out to fulfill justice amid state life. This doctrinal legal research reflexively examines Pancasila as the basis of the state and the source of law. The research findings show that Pancasila is the basis of the state as well as the basis of the state's view of life, which serves as a guide in the management and structuring of the state. In the legal context, Pancasila is a legal ideal (rechtsidee) primary source of state law. Pancasila serves to ensure justice by assessing how the law is formulated and to determine the legality of a regulation. At the praxis level, the Constitutional Court, as the guardian of the state ideology, is expected to make Pancasila a touchstone in testing every regulation.