Analisis Kedudukan Pancasila sebagai Sumber dari Segala Sumber Hukum di Indonesia

Abstract

Pancasila as the source of all sources of law is the foundation, ideology, and philosophy of the legal system in Indonesia. The placement of Pancasila as the source of all sources of state law is in accordance with the fourth paragraph of the Pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, thereby requiring that all legislative content must not contradict the values contained in Pancasila. The research questions addressed in this thesis include: what is the historical background of the formulation of Pancasila, what is the legal position of Pancasila within the hierarchy of legislation, and how is Pancasila actualized as the source of all sources of law. The purpose of this study is to understand the original intent or the founding fathers’ interpretation in formulating Pancasila, to explore the evolving meaning of Pancasila's position in legislation over time, and to examine the concrete realization of the idea of Pancasila as the source of all sources of law. The method used in writing this thesis is a normative juridical research method, employing a historical approach, a statute approach, and a conceptual approach. This research is analytical research, aiming to describe in detail the characteristics of facts and to deeply identify a legal event that has occurred. The data collection tool used is document or literature study, which involves gathering data from books, legislation, and journals. The results of this research reveal that there are various perspectives among the founding fathers regarding the foundation of the state in formulating Pancasila. The ratification of Pancasila as the state foundation has the implication of establishing it as the source of all sources of law. The explanation of Pancasila as the source of all sources of law is subsequently regulated in various laws and regulations, each with differing definitions or regulatory characteristics. Currently, Pancasila as the source of all sources of law has not been optimally actualized, as evidenced by the ongoing presence of laws and regulations that contradict Pancasila’s values, as well as political interventions in the interpretation of Pancasila.