3 Juli 2022

Summary

This lecture delves into the legal paradigm based on Pancasila, emphasizing its role as the foundation of Indonesian law. It explores the necessity of a legal framework that reflects Indonesia's unique identity, incorporating Pancasila, Islamic law, adat law, and international law. Key points include the importance of integrating Pancasila as a guiding principle, the relationship between national and international legal systems, and the need for a responsive legal approach. The lecture also highlights the significance of fostering public awareness of Indonesia as a state governed by law, with a strong focus on justice, equity, and human rights.

Takeaways

• 😀 Pancasila serves as both the foundation of the Indonesian state and the philosophical basis of the nation, shaping the implementation of law in Indonesia.
• 😀 Building a legal paradigm based on Indonesia's identity is not easy, as it requires a holistic understanding of legal theories rooted in Indonesian culture and history.
• 😀 The fourth preamble of Indonesia's 1945 Constitution emphasizes the goals of protecting the people, promoting public welfare, educating the nation, and maintaining global peace based on freedom and social justice.
• 😀 The Indonesian legal system is rooted in the principle of law, not just power, to prevent dictatorship and ensure a free and fair judicial process with human rights protections.
• 😀 The Indonesian legal paradigm must integrate a comprehensive approach, balancing legal certainty, social norms, and philosophical justice to reflect the nation's values.
• 😀 Indonesian law should be based on the nation's worldview, which is embodied in Pancasila, ensuring that the law evolves with the times while upholding its core values.
• 😀 Despite criticisms during the New Order regime, Pancasila is a timeless and fundamental set of values that reflects the diverse social and religious groups in Indonesia.
• 😀 Islamic law and customary law should be incorporated into Indonesia's national legal framework, as they provide important dimensions of legal and social governance.
• 😀 International law directly influences national law, especially in areas like economics, requiring vigilance to protect national interests while adapting to global standards.
• 😀 The creation and formation of law in Indonesia must be responsive to human needs, including physical, psychological, and social aspects, ensuring it serves the people effectively.

Q & A

What is the role of Pancasila in Indonesia's legal system?

Pancasila serves as the foundation of the Indonesian legal system, both as the basis of the state and as the philosophical guide for the nation's laws. It underpins the implementation of law in Indonesia and is crucial in shaping the legal paradigm.

What does the term 'paradigma hukum beridentitas Indonesia' mean?

'Paradigma hukum beridentitas Indonesia' refers to a legal paradigm that is distinctly Indonesian, rooted in the nation's culture, values, and social-political doctrines. It suggests a legal theory that is both comprehensive and specific to Indonesia's context.

How does the Indonesian Constitution reflect the country's legal goals?

The Constitution of Indonesia, specifically in the fourth paragraph of the Preamble, outlines key legal goals: protecting all Indonesians and the country’s territory, advancing public welfare, educating the nation, and promoting global peace based on independence, lasting peace, and social justice.

What is the significance of the principle of legality in Indonesia's legal system?

The principle of legality ensures that government actions are bound by law, meaning that all state actions must be legally accountable. This principle, along with judicial independence and protection of human rights, is fundamental to maintaining a democratic legal system.

Why is a new paradigm necessary for Indonesian law?

A new, holistic paradigm is needed to address Indonesia's diverse social, cultural, and legal needs. This approach advocates for a balance where no single paradigm dominates, and the law is viewed comprehensively through its institutional, sociological, and philosophical lenses.

What role does Pancasila play in shaping Indonesia’s national law?

Pancasila plays a central role in shaping Indonesia's national law by reflecting the nation’s worldview. It ensures that the country’s legal system is aligned with fundamental national values, which are incorporated into the law and its application, providing guidance and legitimacy.

How has the interpretation of Pancasila evolved over time?

Over time, especially during the New Order regime, Pancasila was sometimes misinterpreted as a tool of political legitimacy. However, it is still considered a core set of moral values that should unite the nation and guide the practice of law, reflecting the inclusive spirit of Indonesia’s diverse society.

What is the relationship between Islamic law and Indonesia’s legal system?

Islamic law, particularly in the form of syariah and fiqh, is a significant component of Indonesia's legal system. It provides both a normative framework and a source of legal principles, guiding the behavior of the Muslim population and influencing broader legal practices.

Why is customary law ('hukum adat') important in Indonesia’s legal framework?

Customary law, or 'hukum adat,' is an integral part of Indonesia's plural legal system. It reflects the local traditions and values of different communities, contributing foundational principles and practices to the national legal framework.

What impact does international law have on Indonesia’s national law?

International law directly influences Indonesia's national law, especially in fields such as economics and trade. It requires adaptation to ensure that national interests are protected while adhering to international norms, contributing to Indonesia’s global legal responsibilities.