VIDEO MODUL 3 HUBUNGAN PANCASILA DENGAN UNDANG UNDANG DASAR 1945

Summary

This presentation explores the integral connection between Pancasila, Indonesia's national ideology, and the 1945 Constitution. It outlines Pancasila's role as the foundational legal and moral framework for Indonesian law. The lecture delves into how Pancasila influences the legal hierarchy, with its values embedded in the Constitution and subsequent laws. Examples from various articles in the Constitution illustrate how the principles of Pancasila guide Indonesia's legal system, ensuring laws reflect values like democracy, social justice, and human rights. The lecture emphasizes that all laws must align with the core values of Pancasila to maintain national integrity and justice.

Takeaways

• 😀 Pancasila serves as the foundation of all legal norms in Indonesia, influencing both the philosophical and legal aspects of the nation's laws.
• 😀 Pancasila is explicitly mentioned in the 4th paragraph of the preamble of Indonesia's 1945 Constitution, giving it legal significance.
• 😀 All laws in Indonesia, including regulations, must align with the values of Pancasila, which serves as the highest legal authority in the country.
• 😀 The hierarchical structure of Indonesia's laws places Pancasila at the top, followed by the Constitution and subsequent regulations such as laws and decrees.
• 😀 The formal connection between Pancasila and the Constitution is evident through its inclusion in the Constitution’s preamble, making it the legal norm of the nation.
• 😀 Pancasila’s values are reflected in various articles of the Constitution, such as Article 29 (God), Article 30 (Humanity), Article 6A (Democracy), and Article 34 (Social Justice).
• 😀 Pancasila’s moral values are embedded in laws like the BPJS law and human rights laws, which reflect Pancasila’s commitment to social justice and human dignity.
• 😀 Laws and regulations that contradict the principles of Pancasila can be annulled by the Constitutional Court, ensuring consistency with the nation’s core ideology.
• 😀 Pancasila is described as the 'source of all legal sources,' meaning it guides the creation of laws and ensures they are in alignment with its values.
• 😀 The relationship between Pancasila and the Constitution is both formal and material, with Pancasila providing both a moral and legal basis for Indonesia's legal system.

Q & A

What is the main focus of the lecture?

The main focus of the lecture is the relationship between Pancasila, Indonesia's state ideology, and the Constitution of 1945 (Undang-Undang Dasar 1945), specifically its implementation within the legal framework.

Where is Pancasila formally located within the Constitution?

Pancasila is formally located in the fourth paragraph of the Preamble of the Constitution of 1945.

What role does Pancasila play in the Indonesian legal system?

Pancasila acts as the fundamental norm or foundation for all laws in Indonesia, guiding the creation and interpretation of legal norms, both in written and unwritten laws.

How is the legal hierarchy structured in Indonesia with respect to Pancasila?

The legal hierarchy in Indonesia places Pancasila at the top, followed by the Constitution (Undang-Undang Dasar 1945), then the laws (undang-undang), regulations, and other legal instruments.

What is the relationship between Pancasila and the Constitution?

Pancasila is both a philosophical and legal foundation for the Constitution. It is embedded in the Preamble and influences all laws and regulations in Indonesia, ensuring they align with its core values.

What is meant by the formal and material relationship between Pancasila and the Constitution?

The formal relationship refers to Pancasila being explicitly stated in the Preamble of the Constitution, while the material relationship means that the values of Pancasila are reflected in the content of the Constitution’s articles and other laws.

Can a law in Indonesia contradict the principles of Pancasila?

No, a law in Indonesia must align with the principles of Pancasila. If a law is found to contradict these values, it can be challenged and potentially invalidated by the Constitutional Court.

What are some examples of articles in the Constitution that reflect Pancasila’s values?

Examples include Article 29, which reflects Pancasila’s first principle of belief in one God; Article 30, which reflects the second principle of humanity; and Article 34, which reflects the fifth principle of social justice.

How does Pancasila serve as the source of all laws in Indonesia?

Pancasila serves as the source of all laws in Indonesia by providing the underlying values that all laws must be based on. Every law must reflect Pancasila’s principles, such as justice, humanity, and democracy.

What is the significance of the Constitutional Court in relation to Pancasila?

The Constitutional Court has the authority to annul laws or articles that are found to contradict Pancasila, ensuring that all legal norms align with the country’s foundational ideology.