Published July 26, 2024 | Version v1
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Pancasila Values in Indonesian Legal System

  • 1. Doctor of law, Bina Insan University Lubuklinggau, Doctor of law, Muhammadiyah University Palembang, Doctor of law, Ogan Komering Ilir Islamic University Kayuagung

Description

Pancasila has a very important role in the legal order in Indonesia, because Pancasila is the source of all sources of law which gives a meaning that the legal system in Indonesia must be based on or guided by Pancasila. At this time the existence of Pancasila is increasingly being eroded in the national legal system, because it is influenced by several reasons, including the New Order Period which used Pancasila for the sake of the perpetuation of an authoritarian power. The strengthening of legal pluralism which results in legal contradictions or disharmony. Pancasila is only used as a symbol in law. Therefore, it is necessary to make efforts to apply Pancasila as the source of all sources of law in the national legal system where Pancasila is a legal school so that legal disharmony does not occur again due to the implementation of legal pluralism. The position of Pancasila as the pinnacle of legislation so that Pancasila has binding power to all types of legislation so that it does not violate the existing legal rules in Indonesia.

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