PANCASILA dalam Staatfundamentalnorm | Norma Dasar Negara

Summary

In this video, the presenter explains Pancasila as Indonesia's **Staatsfundamentalnorm**, the highest legal norm that serves as the ideological foundation of the country's legal system. The video explores Pancasila's role within the **Preamble of the Constitution (UUD 1945)**, its position as the fundamental basis for all Indonesian laws, and its functions as both a regulatory and constitutive principle. Pancasila is portrayed as integral to the nation's identity, guiding all legislation and ensuring that laws align with its core values of justice, unity, democracy, and social welfare.

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Q & A

What is the meaning of 'staats fundamental norm' in the context of Pancasila?

A 'staats fundamental norm' refers to the highest foundational legal principle that serves as the basis for the legal framework of a state. In Indonesia, Pancasila is considered the staats fundamental norm, as it underpins the entire legal system and is the ultimate source of law.

How does Pancasila function within the Indonesian legal system?

Pancasila functions as both a regulatory and constitutive norm. As a regulatory function, it serves as a standard to evaluate the justice of laws. As a constitutive function, it defines the core principles and purpose of the legal system, establishing the nation’s legal vision.

Why is Pancasila positioned as the highest norm in Indonesia’s constitutional order?

Pancasila is positioned as the highest norm because it is enshrined in the preamble of the 1945 Constitution (UUD 1945), which is considered the heart of the Constitution. All laws and regulations must align with the values of Pancasila, which are the foundation of the state's legal order.

What is the significance of the preamble in the 1945 Constitution regarding Pancasila?

The preamble of the 1945 Constitution holds immense significance because it outlines the philosophical foundations of Indonesia and establishes Pancasila as the core ideology of the nation. The preamble serves as the foundation for all laws and governance in Indonesia, and no law can contradict Pancasila.

What does the term 'kausal-organis' mean in the context of Pancasila’s position?

In this context, 'kausal-organis' refers to the cause-and-effect relationship between Pancasila and the articles of the 1945 Constitution. The preamble’s mention of Pancasila directly influences the content and formation of the Constitution's articles, shaping the structure of the state and its governance.

How does Pancasila relate to the Indonesian state’s legal philosophy?

Pancasila represents the legal philosophy or ideal that guides the creation of laws in Indonesia. It provides a moral and ideological framework that ensures all legal norms align with the nation's values, including justice, humanity, and social welfare.

What role does Pancasila play in the formation of Indonesian laws?

Pancasila serves as the source of all legal norms in Indonesia. It ensures that every law, whether written or unwritten, adheres to the fundamental values and principles set out by Pancasila. Laws must reflect these values and cannot contradict them.

How does Pancasila influence the legislative process in Indonesia?

Pancasila influences the legislative process by acting as a standard against which all laws are measured. Lawmakers must ensure that any new legislation aligns with the values of Pancasila, ensuring consistency with the nation’s foundational norms and principles.

What does the phrase 'Pancasila is the heart of the Constitution' mean?

The phrase 'Pancasila is the heart of the Constitution' means that Pancasila is the core ideology upon which the Indonesian Constitution is built. It forms the foundation of the Constitution’s preamble and shapes the legal, political, and social structure of the nation.

Why is it important that no law contradicts Pancasila?

It is important that no law contradicts Pancasila because it represents the fundamental values of the Indonesian state. Laws that conflict with Pancasila would undermine the nation’s legal philosophy and its commitment to justice, unity, and social welfare.