Strengthening Pancasila As National Ideology to Implementate the Balancing Values to Improve Law’S Application in Indonesia

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STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION IN INDONESIA

Muhammad Chairul Huda State Institute for Islamic Studies (IAIN), Salatiga [email protected]

Abstract People’s perception of Pancasila seems to be on the way back. It reminds us that the acceptance of Pancasila as the national ideology is actually not something taken for granted. For that reason, it is necessary to refresh the Pancasila from aspects of knowledge, understanding and practice of the philosophical values contained in it. Law development must be started from the values of Pancasila, because essentially Pancasila is a milestone of convergence of ideas and thoughts on the basic philosophy of state discussed deeply by the founders of the state. Pancasila becomes a sublime agreement (modus vivendi) which is then established as the foundation of state ideology. In this case, Pancasila becomes the rational basis of assumptions about the law to be established as well as the orientation that shows where the nation and state should be established. Thus, Pancasila is an agreement and consensus to build a nation of one country, without considering the different backgrounds that include religion, race, ethnicity, culture, language and others. As the foundation of the state, Pancasila becomes the rechtsidee that should be written in every law-making and enforcement. Keyword: Modus vivendi; Pancasila; Rechsidee.

A. INTRODUCTION Dynasty that was in charge for almost It’s surprised the idea of eight centuries, Turkey finally chose a political thought contained in secular state marked by the fall of the Pancasila is a perfect and solutive- Khalifah in March 1924. Turkey creation. The founders of our country became the first secular state in the are able to create it very creatively, Muslim community. On the other taking the middle way between the hand, in South Asia, Pakistan, a land two extremes, the secular state and which stands on the former Mongol the religious state. We cannot imagine region, from two currents of political if the first founding fathers did not thought competing on the way to find it, then maybe we do not meet in independence between Ali Jinnah1 as this world a country called Indonesia. They compiled it by imaginative 1 Muhammad Ali Jinnah: 25 December 1876 – 11 formulation, the state based on the September 1948, was a politician and founder Belief in the One Supreme. of Pakistan. Jinnah was a leader of Indian Muslim League from 1913 until the Compared with Turkey, to find independence of Pakistan on 14 August 1947, a way out of the decline of Utsmani and had position as the first General Governor of Pakistan until he died. In Pakistan he was

Jurnal Pembaharuan Hukum STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Volume V No. 1 April – Agustus 2018 TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION IN INDONESIA 1 Muhammad Chairul Huda

a representation of the idea of a One of the Saudi Arabia intellectuals secular state and Maududi2 as a and senior officials who once praised representation of the development of Pancasila was Dr. Izzat Mufti when he religious state ideas, after failing to visited Indonesia in the 1980s, after synergize a solutive format for a hearing the explanation of Pancasila modern state. at the Satria Mandala Museum, he The founders of our country conveyed an interesting view: "Saudi with great wisdom and genius are Arabia makes the Qur'an and Hadith able to agree on the right choice of as the basis of the state because all of the state base in accordance with the its citizens are Muslims. The multi- character of the nation, very original, religious Indonesia makes Pancasila as becoming a modern state of religious the basis of the State in which the first character, neither as a secular state precepts are Belief in the One nor a religious state. Supreme. That's the right decision and Its conceptual formulation is not against Islam. Pancasila has totally oriented -and in accordance become the framework of the unity of with the character of the nation. They the Indonesian "3. are not only able to remove the During the post-reform period, influence of the idea of patrimonial Pancasila energy is proceeding state (inheritance) that coloured it automatically. Let us consider various throughout the history of pre-colonial kinds of conflicts and unbelievable archipelago, but also able to concoct a calamities we can overcome. variety of political thinking that Compared with Myanmar when developed at that time creatively happening natural disaster of tsunami according to the needs of the future and earthquake, Indonesia welcome of modern children of the nation. and received foreign aid, while No wonder if there are many Myanmar limited itself to fear of intellectuals or statesmen who praise foreign interference that inflow aid. the monumental achievements of the Yet at that time Aceh was in a founders of the Republic of Indonesia. situation of political conflict and many people were worried about the impact of entry of outsiders. However, it was dubbed Quaid-i-Azam (great leader) and Baba- i-Qaum (Father of Nation). His birthday was true that peace was realized. During celebrated as nasional holiday of Pakistan. the tsunami disaster, solidarity (source: Wikipedia) underlying the precepts of "Indonesian Unity" and the principle of 2 Abul A'la Maududi: 25 September, 1903 – 22 "just and civilized humanity" emerged September, 1979), was a moslem scholar of 20s century as well as the pioner of Jamaat-e- simultaneously. Humanitarian aid Islami (Islamic party). Maulana Maududi was an came from all corners of the country expert in philosophy, artist, and activist of helping the people of Aceh without Islamic movement and struggle all over the anyone giving command. world. Maulana Maududi got mandate from Sayyid Qutb in Egypt namely Jamiat al-Ikhwan al-Muslimun. Like Qutb, Maududi was the figure of Islamic development and Struggle all over 3 As’ad Said Ali, 2009, Negara Pancasila Jalan the world. (source:Wikipedia) Kemaslahatan Bangsa, LP3ES, Jakarta, p.3

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 2 IN INDONESIA Muhammad Chairul Huda

Pancasila Energy is what it (Al ashlu fi al asya'i al ibahah hatta emerges and encourages peace in yadulla ad dalilu at tahrimi).4 conflict areas. Generally, these In the era of Prophet conflicts, not least the conflicts in Muhammad SAW and Al-Khulafaur al- Ambon and Poso, are suspected as Rashidin, it is not found conception of part of a political conflict that cannot a standard state. When there is a be separated from the provocation succession (leadership shift), there is and "subtle" intervention of outsiders. no appointment system or lineage as After a period of conflict can be a successor to the previous khalifah. passed, there are deep regrets from Then Medina charter which many both sides. political experts claimed to be the first In celebrations of religious- constitution of the Islamic State. It great days, for example, we often also does not mention the state encounter Muslim youths like GP religion in it.5 The Medina Charter is Ansor, Banser, Muhammadiyah Youth, the cornerstone of civilized life for a etc. to helping the Christians who are plural Medina society, containing the celebrating chrismas. This is a values of tolerance, and upholding the phenomenon we rarely see in other human rights of its people in a united countries. frame. The basic substance of the In short, Pancasila must be Medina Charter includes: discussed or dialogued by all elements 1) All followers of Islam, though to become the energy of the unity of coming from many tribes, but one the whole nation. The greater the community. party or component of the nation to 2) The relationship between fellow understand Pancasila, the greater the members of the Islamic energy that is formed to achieve the community and members of the ideals of the nation and state so that community and other communities the emission will illuminate the future is based on the principle: of the nation and the world. In that a. Neighborly good context Pancasila needs to get b. Help each other in facing the attention, especially its function which common enemy not only stops being a commitment c. Defend the persecuted ones together, but it must be understood as d. Advice each other the vision of the nation that always 3) Respect freedom of religion. strived to be realized as well. Believe in the One Supreme. Pancasila is the ambition and the signs 4) Just and civilized humanity in carrying out the state. 5) Unity of Indonesia In principle, Indonesia accepts 6) The democracy led by everything that does not harm the understanding wisdom among nation and the state. It refers to the rule of jurisprudence that in its original law everything is permitted 4 Syamsul Ma’arif, Kaidah-Kaidah Fiqih, Pustaka until there is a proposition that forbids Ramadhan, Jakarta, p.19 5 Munawir Sadzali,1990, Islam dan Tata Negara, UI-Press, Jakarta, p.30

honorable representatives, from Junbi Cosakai or in Indonesian it is the parliament house known BPUPK (Badan Pengelidik 7) Social justice for all of the people Usaha-Usaha Persiapan Kemerdekaan) of Indonesian.6 on April 29, 1945. And on March 1, The spirit of Islam in a state 1945 BPUPK was inaugurated by the can be deduced from the works of the Japanese government and led by Dr. scholars. The general principles that Ir. KRT. Radjiman Wedyodiningrat. must be implemented in a country The establishment of BPUPK aims to are: As-Shuro (consent), Al-'Adl carry out the task of investigating (Justice), Al-Hurriyah (Independence, matters related to the establishment freedom), and Al-Musowah of an independent Indonesia that is (egalitarian).7 related to political, economic, legal and governance aspects.8 B. DISCUSSION BPUPK during preparing 1. THE HISTORY OF PANCASILA Indonesia's independence, held two The term of Pancasila has been general assemblies, the first general known since the era of Sriwijaya and assembly was held on May 29, 1945 - Majapahit where the values contained June 1, 1945. And the second general in the Pancasila has been applied in was held on July 10, 1945 - July 11, public life even though its values have 1945. In the first general session not been formulated concretely. The discussed about matters related to the term Pancasila has been known since preparation of independence. One of the era of Majapahit as written in the them is about the basis of an book of Negara Kertagama by Mpu independent Indonesian state. This is Prapanca and book of Sutasoma by a request from the chairman of the Mpu Tantular. In the book of session asking the participants of the Sutasoma by Mpu Tantular, the term session to propose about philosofische Pancasila has the meaning of five grondslag or the philosophical rocky joints, the implementation of foundation of an independent State of five principles. The term Pancasila Indonesia which will be established. itself comes from Sansekerta, Panca There are three figures who means five and Sila means basic or expressed their opinion about the principle. basis of state, namely Muhammad The history of Pancasila in the Yamin, Soepomo and Sukarno. While modern era originated from the other members of BPUPK objected to promise of giving of independence to expressing their opinion for they were the nation of Indonesia by the Prime fear that the talks would be an Minister of Japan, namely Kuniaki unconcrete philosophical debate, and Koiso on September 7, 1944. From the promise, the Government of Japan then formed what is called Dokuritsu

6 Ibid, p.16 8 Teguh Prasetyo, 2017, Membangun Hukum 7 Achmad Muhibbin Zuhri, 2010, Pemikiran KH.M. Berdasarkan Pancasila, Nusamedia, Bandung, Hasyim Asy’ari, Khalista, Surabaya, p.59-61. p.8

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 4 IN INDONESIA Muhammad Chairul Huda

it would just delay the reality of an 3) Basis of consensus, independent Indonesia.9 representation and consultation a. Speech of Muhammad Yamin (May 4) Basis of prosperity 29, 1945) 5) Basis of divinity.10 The speech of Muhammad The three advices from M. Yamin is entitled Principle and Basis Yamin, Soepomo and Soekarno of Republic of Indonesia. In his discussed it in the BPUPK meeting speech Muhammad Yamin divided which then formed a small into five things: committee of nine people headed 1) Nationality by Soekarno. The committee was 2) Humanity often referred to the Nine 3) Divinity Committees consisting of national 4) Populist figures that come from the 5) People's welfare nationalist and Islamic groups. The b. Speech of Soepomo (May 30, 1945) nine figures of the nation are: In line with the country's 1) Ir. Soekarno basis, Soepomo states that the 2) Drs. Mohammad Hatta question of the basis of state was 3) Mr. A A. Maramis essentially a question of the ideals 4) Mr. Muhammad Yamin of the state. Soepomo said that in 5) Abikusno Tjokrosujoso the formation of the state should 6) Abdul Kahar Muzakir be adjusted with legal history and 7) H. Agus Salim social institutions and history and 8) Mr. Achmad Soebardjo patterns of Indonesian society are 9) KH. Wachid Hasyim.11 integralistic. Soepomo did not One of results produced by the propose the basis of the philosophy Nine Committee is the Preamble Draft of an independent Indonesia, but (opening) of the Constitution. The he proposed the plan an design of the preamble was then independent Indonesian state, ie a named the Charter of Jakarta by flow or an integralistic idea. Muhammad Yamin. In the Jakarta c. Speech of Soekarno (June 1, 1945) Charter, it is also formulated the basis From this Soekarno’s speech of the state, namely Pancasila which came the name of Pancasila. So it includes: was often said that Soekarno was 1) Deity with the obligation to enforce the creator of Pancasila. Regarding Islamic Shari'ah for its adherents. the basis of an independent 2) Just and civilized humanity Indonesian called as the 3) Unity of Indonesia philosofische Grondslag or 4) The democracy led by the wisdom weltfanschauung, Sukarno of deliberation among proposed five basic principles: representatives 1) Basis of nationality 2) Basis of internationalism

10 A.M.W.Pranaka, 1985, Sejarah Pemikiran 9 Moh.Hatta, 1977, Pengertian Pancasila, Jakarta, Tentang Pancasila, CSIS, Jakarta, p.31 p.9 11 Teguh Prasetyo, Op.cit, p.18

5) Social justice for all of the people of and civilized humanity" is the first Indonesia. continuation of practice, and so are However, the formulation of the third and fourth principles. While Pancasila in the Jakarta Charter the fifth principle, "Social Justice for proposed by the Nine Committee all of the people of Indonesia", receives rejection from the eastern became the ultimate goal of the Indonesian delegate, which is ideology of Pancasila.12 regarding the first principle. The According to Mohammad Hatta, rejection was conveyed by by sticking to this philosophy, the Mohammad Hatta in the plenary Indonesian government should not session of PPKI which then scored out deviate from the straight path to the eight words "dengan kewajiban safety of the state and society, the menjalankan syariat Islam bagi order of the world and the fraternity pemeluk-pemeluknya" behind the of nation. By placing the principle of word “divinity”. And is replaced by the the belief of Supreme God as the first phrase "The One Supreme". one, the state gets a solid moral With the acceptance of the preamble foundation.13 This is the essence of or the preamble of the 1945 Hatta's opinion of Pancasila. Constitution on August 18, 1945, the A few years before his death, Pancasila formulation in preamble Mohammad Hatta reminded: "In becomes: everyday life Pancasila is practiced on 1) Believe in the One Supreme. the lips only. Not many Indonesians 2) Just and civilized humanity actualized the Pancasila as a belief 3) Unity of Indonesia rooted in their hearts. People forget 4) The democracy led by the wisdom that the five principles are in series, of deliberation among not separated. Under the guidance of representatives the first principle, the deity of the One 5) Social justice for all the people of Supreme God, the five principles are Indonesian bound".14 With the enactment of the Pancasila as the basis of state 1945 Constitution by PPKI on August philosophy as well as the philosophy 18, 1945, Pancasila has also been of life of the Indonesian nation is legally and formally used as the basis essentially a systematic value. of the state. Therefore, as a foundation of philosophy, the principles of Pancasila 1. Pancasila As A Source Of National are a unified, hierarchical and Philosophy systematic aspect. It means that According to Mohammad Hatta, Pancasila is a philosophical system. the first Principle in Pancasila; Because it is a system of philosophy, Believing in the One God is the guiding principle for Indonesia. This spiritual and ethical principle provides 12 Mohammad Hatta,1960, Demokrasi Kita, Panji Masyarakat, Jakarta,p.7 guidance for all of the people and 13 Mohammad Hatta, 1977, Pengertian Pancasila, nation of Indonesia. Along with this Idyu Press, Jakarta,p.17-18 basic principle, the second one, "Just 14 Ibid, p.20

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 6 IN INDONESIA Muhammad Chairul Huda

the five principles are not separated justice that arises in social life (the and have their own meaning, and they essence of the fifth principle). These also have the essence of the intact values are a basic value for the life of meaning. statehood, nationality and society.15 Pancasila as the philosophy of As a foundation of philosophy, the nation and state of the Republic of Pancasila obtains a source of value in Indonesia implies that in every aspect the context of dynamic journey of of nationality life, society and state cultural history of the nation. The must be based on the values of establishment of the source of value Godhead, Humanity, Unity, embodied in the national philosophy Democracy and Justice. The system runs in a long history, philosophical thinking of the state involving not only the intellectuals, but starts from a view that the state is a also the society.16 For the Indonesian communion of human life or social nation, Pancasila philosophy is part of organization in legal life or legal the Eastern philosophical system that society. exudes the value of its superiority. As The state founded by humans a system of philosophy of theism- is based on the nature that human as religious, it is proven rationally as a citizen of the state. Human is a follows: creature of God Almighty (essence of 1) Substantially and intrinsically the the first principle). It essentially aims value of Pancasila is philosophical; to manifest the dignity of human eg the nature of a just and beings as a civilized creature or a civilized humanity, the Godhead of civilized being (the essence of the the One Supreme is metaphysical second principle). To establish an / philosophical. organizational state of human life, it 2) Practically, in the culture of must form the union of the bond of Indonesian society of pre- living together as a nation (the independence, Pancasila value is essence of the third principle). The recognized as a philosophy of life realization of unity in a country will practiced. create people as a nation that lives in 3) Formally and constitutionally, the a certain country territory. So in life of Indonesian nation recognizes the state must be based on the value Pancasila the base of state of the that people are the origin of state Republic of Indonesia. power. It is a necessity that the state 4) Psychologically and culturally, should be democratic, the rights and Indonesian nation and culture are powers of the people must be equal to any nation and culture. guaranteed both individually and Therefore, the Indonesian nation collectively (the essence of the fourth as well as other nations (Chinese, principle). To achieve the goal of the state as the common goal of all its citizens, then in life the state must 15 Kaelan. MS., 2010, Pendidkan Kewarganegaraan, Paradigma, realize the guarantee of protection for Yogyakarta,p.26 all its citizens, so to achieve that goal, 16 Slamet Sutrisno, 2006, Filsafat dan Ideologi it must be based on a principle of Pancasila, Andi, Yogyakarta, p.97.

Indians, Arabs, and Europeans) values must still contain the same inherited the philosophical system spirit as their basic values. in their culture. So Pancasila is a b. Pancasila as the basis of the State. philosophy that is inherited in Pancasila as the basis of the Indonesian culture. state implies that Pancasila is used 5) Potentially, Pancasila philosophy as the foundation to regulate the will develop with the dynamics of state government or as a basis for culture; Pancasila philosophy will governing the state's develop conceptually, rich in administration. Thus, Pancasila is conception and literature in a fundamental rule of the state, quantity and quality. Pancasila which means that both written philosophy is part of the treasures and unwritten basic laws and all and philosophy that exist in the applicable legislation within the literature and modern state of the Republic of Indonesia civilization.17 must be sourced and under the fundamental principles of the 3. Pancasila’s Function As National state's rule. Ideology c. Pancasila as the National Life Views a. Pancasila as National Ideology Pancasila in this sense is Pancasila as an ideology often called as the grip of life, the means that it is a doctrine, idea, guidelines of life, the direction of theory or science that is believed to life and the way of life. As the be true and becomes life view of nation's life view, Pancasila serves Indonesia and guidance in solving as guidance in everyday life. This the problems faced by society, means Pancasila as a life view is a nation and country of Indonesia. direction of all activities or Thus, the ideology of Pancasila is a activities of life and life in all doctrine, theory or science of fields. ambition of Indonesian which is d. Pancasila as Personality of believed to be truthful and Nationality systematically arranged and given This means that as like the guidance with clear red and white flags as the implementation. distinctive characteristics of the We recognize three levels of Indonesian nation or state that value, the unchanging basic values, distinguishes them from other the instrumental value as a means nations or countries, Pancasila is of realizing the fundamental value also a hallmark of Indonesian that can change according to reflected in attitudes, behaviors circumstances, and the value of and deeds that are always in praxis in the form of real harmony and balance based on performance. Nevertheless, the the values of Pancasila itself. embodiment or the exercise of instrumental values and preclinical

17 Teguh Prasetyo, Op.cit. p.23

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 8 IN INDONESIA Muhammad Chairul Huda

4. The Equilibrium Values In The grundnorm. As a legal law, Pancasila Perspective Of Pancasila becomes the guide star of all national In forming a law by the state, legal products, which means that all of course it has some goals to be legal products aim at achieving the achieved, none of the laws are ideas of Pancasila. The establishment created without any purpose, and of any system adopted by the there is a goal to be achieved by law. Indonesian nation is written in a In point of view of the western theory, constitution called the 1945 the purpose of law begins in ethical Constitution, and it is also written in theory which explores that the other regulations. objective of law is solely for the In law No. 12 of 2011 realization of justice. The utilitarian concerning about the Legislation theory promoted by Jeremy Bentham Establishment Rules is described that mentions that the purpose of law is to several sources of written law are realize Utility, and the legalistic theory determined as follows: explains that the purpose of law is to 1) 1945 Constitution of the State of realize legal certainty. the Republic of Indonesia; Legal development must be 2) The Decree of the People started from the values of Pancasila, Consultative Assembly; because essentially Pancasila is a 3) Law / Regulation in Lieu of Law; milestone of convergence of ideas and 4) Governmental Regulation; thoughts on the basic philosophy of 5) Presidential Regulation; state discussed deeply by the 6) Provincial Regulations; and founders of the state. Pancasila 7) Regency / City Regulation. becomes a sublime agreement which In its definition, some experts is then established as the basis of define the law extensively. There is state’s ideology. In this case, no clear limitation of legal Pancasila becomes the rational basis terminology. The notion of law can be of assumptions about the law to be seen from various understandings established as well as the orientation such as sociological, realist, that shows where the nation and state anthropological, historical, natural law should be established. and also positivist law. Thus, Pancasila is an Currently, Indonesia has a legal agreement and consensus to build a system that must be obeyed by every nation of one country, without seeing individual without exception. In Article the different backgrounds that include 1 paragraph 3 of the 1945 religion, race, ethnicity, culture, Constitution states "The State of language and others. As foundation of Indonesia is a State of law” (UUD, the state, Pancasila becomes the 1945: 6). Therefore, everyone is rechtsidee that should be included in guaranteed all their rights attached to every law-making and enforcement. them, both in the form of written and Notonegoro states that Pancasila unwritten law. Indonesia is dominant becomes a legal law because of its in the legal system that we embrace, position as the fundamental principle namely continental European system, of state which has the power as which claims that the main source of

law is the Law, which is arranged Therefore, the law must be systematically. Indonesia claims that based on equality, consideration and Pancasila is the ideology of the nation. implementation. Without these three So in the formation of legal products factors our law will not prevail, and it we always refer to Pancasila as its is only as Law in the bookshelf. source. Pancasila contains the Each principle of Pancasila is dimension of normality which means also written in the preamble of 1945 that Pancasila contains values that Constitution of the 4th paragraph must be obeyed. In this matter, the which says: norm specified in this case is the legal “Pursuant to which, in order to norm. And it is of course a positive form Government of the state of law. In Indonesia positive law can be Indonesia that shall protect the whole a Constitution, Law, Government people of Indonesia and the entire Regulation, Presidential Regulation homeland of Indonesia, and in order and also Local Regulation. All of these to advance general prosperity, to are written laws. develop the nation’s intellectual life, The decision of Pancasila as the and to contribute to the legal source of all legal sources of the implementation of a world order State is based on the preamble of the based on freedom, lasting peace and 1945 Constitution which positions social justice, Indonesia’s National Pancasila as the foundation and Independence shall be laid down in a ideology as well as the philosophical Constitution of the State of Indonesia, foundation of the nation and the which is to be established as the State State. So material on legislation is not of Republic of Indonesia with contrary to the value contained in sovereignty of the people and based Pancasila. From the explanation on the belief in the one and only god, above, the existence of Pancasila for on just and civilized humanity, on the the law is fundamental principle in the humanity of Indonesia and on formation of legislation. And it is democratic rule that is guided by the applied to all society as a legal strength of wisdom resulting from subject. deliberation/representation, so as to The law here can be described realize social justice for all the people as the lady of justice, the values of Indonesia". contained therein are equality with Basically, the formation of a closed-eye image as if the law does law or other regulation aims to not distinguish one person from regulate the behavior of the another based on religion, tribe, class community in interconnection among and economic status. Furthermore, the members of other community, so the scale for consideration is that the it is expected to guarantee a legal law must consider both parties in certainty. The concept embodied in dispute by considering the evidence the opening of the 1945 Constitution available. The last picture is law of the 4th alenia in the phrase: "... enforcement which is symbolized by establishing a government that the sword; the law is applied with protects the entire nation of Indonesia legitimate power. and the whole of Indonesia's blood

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 10 IN INDONESIA Muhammad Chairul Huda

spill ..." can be fulfilled, but in its the State of law. Without Pancasila, application there are still many there will be legal problems and the obstacles and problems. creation of unstructured legal The formulation contained in construction. It is because Pancasila the fourth paragraph of preamble of became a fundamental construction in the 1945 Constitution is very complex. its formation although some grups It means that the formula is judge that Pancasila cannot follow the adequately used as the foundation to development of era. There are some form a system that is able to reach who argue that Pancasila is no longer various aspects contained within the relevant for it cannot follow the state of Indonesia. From that case, development of era, science and the concept of Pancasila implied in the technology, but from the dimension of opening of the 1945 Constitution is flexibility owned by Pancasila, the the national goal of the Indonesian issue can be answered. Looking at the nation, which consists of: history in Indonesia, Pancasila is 1) Establishing a government that increasingly relevant to be protects the entire nation and the implemented, especially Pacasila entire blood of Indonesia which is related to law. The legal 2) Promoting the common prosperity system of Pancasila is the rule of law and educating the nation of Indonesia. Introduction to the 3) Implementing world order. Indonesian legal system is the same 4) The State of Indonesia has the as that of the Pancasila law. Therefore basic philosophy of Pancasila Pancasila is a written law in Indonesia, namely; believe in the One a law that lives and is aspired by the Supreme. Just and civilized nation of Indonesia, law that humanity, Unity of Indonesia, The recognizes God Almighty, the just and democracy led by understanding civilized humanity, the unity of wisdom among honorable Indonesia, democracy and the social representatives, from the justice for all of the people of parliament house, and Social Indonesia. justice for all the people of C. CONCLUSION Indonesian Pancasila as the foundation of Article 1 Paragraph 2 of 1945 the state has the values of the Constitution of the amendment states balance of law, namely religious "sovereignty is in the hands of the moral, humanity, and social values people and carried out according to (nationalism and social justice). the law". and in paragraph (3) it says 1. Religious Moral "the state of Indonesia is a state of The concept of Godhead is law" so that the people in this case intended that the law political are those who have the main role in direction must contain the values to implement national goals, but of the universality and divine legislation rules and underlies its attributes namely; the values of application. justice, equality, freedom, truth, The existence of Pancasila in law is a compassion, protection, milestone of achievement in a circle of togetherness, honesty, trust,

responsibility, openness, balance, This social value is a peace and some another necessity of the role for the permanent values. country in all process of life of 2. Humanism nation and state. However, the The concept of humanity is role of state is not for the state intended that the law political itself, but is intended for the direction should be able to welfare of society based on the position humans as permanent principle of justice. human beings who have basic From the elaboration rights, namely; the right to life, above, it can be concluded that the right to education, the right to Pancasila became a universal and work, the right to association, the comprehensive state ideology right to family, the right to containing the relation of happiness, the right to think, to hablumminallah, behave and to develop the hablumminannas, and hablu minal potential. alam to achieve the purpose of 3. Nationalism and social justice rahmatan lil alamin.

BIBLIOGRAPHY

Achmad Muhibbin Zuhri, 2010, Pemikiran KH.M. Hasyim Asy’ari, Khalista, Surabaya.

A.M.W.Pranaka, 1985, Sejarah Pemikiran Tentang Pancasila, CSIS, Jakarta.

As’ad Said Ali, 2009, Negara Pancasila Jalan Kemaslahatan Bangsa, LP3ES, Jakarta.

Kaelan. MS., 2010, Pendidikan Kewarganegaraan, Paradigma, Yogyakarta.

Munawir Sadzali, M.A., 1990, Islam dan Tata Negara, UI-Press, Jakarta.

Mohammad Hatta, 1960, Demokrasi Kita, Panji Masyarakat, Jakarta.

Mohammad Hatta, 1977, Pengertian Pancasila, Idyu Press, Jakarta.

Slamet Sutrisno, 2006, Filsafat dan Ideologi Pancasila, Andi, Yogyakarta.

Syamsul Ma’arif, Kaidah-Kaidah Fiqih, Pustaka Ramadhan, Jakarta.

Teguh Prasetyo, 2017, Membangun Hukum Berdasarkan Pancasila, Nusamedia, Bandung.

STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY Jurnal Pembaharuan Hukum TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION Volume V No. 1 April - Agustus 2018 12 IN INDONESIA Muhammad Chairul Huda