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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 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 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 3 Muhammad Chairul Huda 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.
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