The Meaning of Pancasila as the Source of All Sources of Law

The Meaning of Pancasila as the Source of All Sources of Law – Pancasila as the foundation of our country has a strategic position in the life of the nation and state. In addition, its position as a national ideology places Pancasila as the source of all sources of law in Indonesia. What’s that like?

However, before discussing this concept, it is better for us to take a moment to look at the history of the birth of Pancasila. The founding fathers, the founders of this nation have formulated Pancasila as a paradigm in the life of the state.

Pancasila is formulated by perfectly uniting the five basic principles of the state. The five principles are divinity or theism, humanity or humanism, nationalism or nationalism, democracy or democracy, and justice or socialism.

June 1 has been designated by the government as the Birthday of Pancasila. The process of formulating the five basic precepts of the country involved five big figures as the drafting team. They were Soekarno, Mohammad Hatta, Mohammad Yamin, KH Abdul Wachid Hasyim, and Soepomo.

The five figures had four days, namely 29 May—1 June 1945, to formulate the principles of the Indonesian state. The time of the formulation coincided with the initial session of the BPUPKI (Investigating Agency for the Preparatory Work for Indonesian Independence). The agenda for the meeting is to compile what is the philosophy of the Indonesian state.
BPUPKI itself is the embodiment of Japan’s promise to give independence to the Indonesian nation. Kuniaki Koiso

The Prime Minister of Japan at that time—then formed a body called BPUPKI.
As the name suggests, BPUPKI was established with the aim of investigating and studying all matters related to the process of establishing the Unitary State of the Republic of Indonesia. Formulating the philosophy or basis of the state is an important agenda to be prioritized at the first meeting.

Exactly on the fourth day, namely June 1, 1945, Soekarno also conveyed the results of the discussion of the team formulating the basis of the state. In his speech before the session participants—which consisted of 70 BPUPKI members—Soekarno presented the five principles of the Indonesian state which he called “Pancasila”.

The five principles are belief in One Almighty God, Indonesian nationality, humanity or internationalism, unity and oneness, and social welfare. Pancasila was finally accepted by the trial participants as the basis of the Indonesian state. That is why June 1 is designated as the Birthday of Pancasila.

Furthermore, on August 18, 1945 Pancasila was decided to become the ideology of the Indonesian nation. The moment of determination occurred at the first meeting of the Preparatory Committee for Indonesian Independence (PPKI) .

A. The definition of Pancasila

Apart from being the basis of the state, Pancasila is also the ideological pillar of the Indonesian nation. The name Pancasila itself is taken from two Sanskrit words, namely, panca which means five and sila means principle or principle.

Thus, Pancasila is a set of formulations and guidelines for life in the nation and state. Therefore, it is an obligation for all Indonesian people to adhere to these guidelines.

Meanwhile, the Big Indonesian Dictionary (KBBI) defines Pancasila as the basis of the state and the philosophy of the nation and state of the Republic of Indonesia which consists of five precepts.

Pancasila is also often defined as the Indonesian nation’s way of life which means that the crystallization of life experiences in the course of the history of the Indonesian people has shaped attitudes, character, behavior, values, philosophical views, morals, ethics that have given birth to them which are discussed in the book Pancasila Democracy System Edition. Both below.

The first precept of Pancasila is “Belief in One Almighty God”. The second precept is “Just and civilized humanity”. Next, “Indonesian Unity” is the third precept of Pancasila.

The sound of the fourth precept is ” Populist which is led by wisdom in deliberations/representation”. Finally, the fifth precept of Pancasila, reads “Social justice for all Indonesian people” .

The sound and order of the five precepts is not exactly the same as what was first proposed by the drafting team. Several times there has been a change in the wording of each precept as well as the sequence. Until finally we got the final editorial of the Pancasila sentence as we memorize it today.

The five ideologies are contained in paragraph 4 of the Preamble to the 1945 Constitution. The symbols of the five precepts are also emblazoned on the chest of the Garuda bird as the symbol of the Indonesian state or what we know as the Garuda Pancasila.

Various values ​​are contained in Pancasila and are often used as a guideline or legal basis in Indonesia, as discussed in the book People with Pancasila Character.

The following are symbols that represent each of the precepts of Pancasila and their meanings:

1. Single Star

This symbol represents the first precept of Pancasila, Belief in One Almighty God. The single star has five corners, is golden yellow in color, and has a black background. This star is placed right in the middle of the shield on the chest of Garuda Pancasila.

The golden yellow color on a single star is interpreted as the light of love emitted by God Almighty for all His creatures. Meanwhile, the single black star background represents the original color of nature created by God.
It’s not without reason that this single star is described as having five angles. The five corners represent the five religions recognized in Indonesia, namely, Islam, Catholicism, Christianity, Buddhism and Hinduism.

See also  Exhibitionism Meaning: Definition, Levels, Causes, Treatment, Ways to Deal with, and Law Enforcement in Indonesia

Thus, the first precept conveys the message that the Indonesian people believe in God. Also, this country recognizes the diversity of religions adhered to by its citizens while still upholding divine values.

2. Gold Chain

This symbol represents Just and Civilized Humanity which is the second precept of Pancasila. The location of this gold chain symbol is in the lower right area of ​​the Garuda Pancasila shield.

If we observe carefully, there are two forms of links in this gold chain image, namely, a circle and a square. The circular chain links represent women. While men are symbolized by a square chain link.

The two links are related to each other so that a complete chain is formed. The meaning of this is that every Indonesian human being—women and men—needs one another.

The linkages between the links also symbolize strength if the entire Indonesian nation wants to unite. The link of the golden chain itself is as true as the hands clasping or joining each other.

Therefore, the meaning of the second precept is the realization of a peaceful, harmonious and prosperous Indonesian human life. Indonesian people are also accustomed to helping each other and cultivate the habit of mutual cooperation in all things.

3. Banyan Tree

At the top right of the shield is a symbol of a banyan tree. It is a symbol of the third precept of Pancasila, namely, Indonesian Unity. Choosing a banyan tree to symbolize this precept is very appropriate.

Yes, because the banyan is a large tree that is shady and lush, so many people choose it as a shelter. This philosophy is lifted from the depiction of the banyan tree as the third precept. All people are expected to take shelter under the protection of the Indonesian state.

Not only that, there is also a part of the banyan tree which is also important, so it was chosen as a symbol of the third precept. This tree is known to have strong roots and tendrils that spread everywhere.

This symbolizes the many and varied ethnic groups in Indonesia. However, all these tribes are united under the auspices of the Unitary State of the Republic of Indonesia.

4. Bull Head

This symbol is placed on the left above the Garuda Pancasila shield. This bull’s head symbol represents the fourth precept, Democracy which is led by wisdom in deliberations/representation.

The bull was chosen as the symbol for the fourth precept because this animal is known to like gathering. Hence they are often referred to as social animals. This philosophy is very appropriate with the contents of the fourth precept itself.

Yes, the “deliberations” referred to in Pancasila are people who gather to hold discussions. Then they come up with a mutually agreed upon decision.

The fourth precept also mandates us that gathering for discussion is the solution for every difference. Apart from that, the fourth precept also guides us not to use violent means when solving problems.

5. Rice and Cotton

This rice and cotton symbol is depicted on the lower left in the Pancasila shield. This symbol symbolizes the fifth precept, namely social justice for all Indonesian people.

Basic human needs are the meaning symbolized by rice and cotton. Rice symbolizes food, while cotton represents clothing or clothing. The availability of basic needs is a manifestation of social justice itself.
Every Indonesian citizen has the right to obtain social justice regardless of position or status in society. This fifth precept is also the government’s commitment to realizing prosperity and prosperity for the entire Indonesian nation.

You can learn a complete explanation of Pancasila as the basis and ideology of the state, starting from the long process of Pancasila from its initial formulation, philosophical and ideological interpretations in the Pancasila book by Prof. Drs H. Achmad Fauzi DH.MA below.

B. The purpose of Pancasila

Mainly, the purpose of Pancasila is to become the ideology of the Indonesian nation. As an ideology, the values ​​of Pancasila must be internalized in the souls of every Indonesian human being and carried out in their lives.

Pancasila, which was formulated by the founding fathers of the state, is a crystallization of the social and cultural values ​​of the ancestors of the people and nation of Indonesia. With various positive values ​​drawn from all aspects of people’s lives, the formulation of Pancasila contains the values ​​of divinity, humanity, unity, democracy, and justice which are fully discussed in the book Pancasila Existence & Actualization.

The goals of Pancasila are also implied in the National Goals which are stated in the fourth paragraph of the text of the Preamble to the 1945 Constitution as follows:

“Then instead of that to form an Indonesian state government that protects the entire Indonesian nation and all of Indonesia’s bloodshed and to promote public welfare, educate the nation’s life, and participate in carrying out world order based on freedom, eternal peace and social justice…”

However, in outline the following are the goals of Pancasila:
a. Forming and elevating mutual respect and respect for the human rights of every human being
b. Give birth to nationalism and strengthen a sense of love for the motherland in every Indonesian people
c. Forming and strengthening democracy in the Indonesian nation, namely by prioritizing common interests for the welfare of the whole nation
d. To give birth to a just nation both socially and economically so that all Indonesian people get equal opportunities in self-development.

C. The Foundation of Pancasila as the Source of All Sources of Law

In its position as the ideology of the Indonesian nation, Pancasila is the source of all sources of law. We can see the basis for this concept by referring to the Norm Theory put forward by Hans Kelsen and Nawiasky.
The theory is titled die Stufenordnung der Rechtsnormen. It describes the levels of regulation in a country, namely:
1. Staatsfundamentalnorm, which is a set of fundamental state norms that are abstract in nature and become a source of law
2. Staatsgrundgesetz, includes basic rules, main rules, or the state constitution
3. Formell Gesetz, namely laws
4. Verordnung & Autonome Satzung, namely implementing regulations of government regulations and regional regulations.

See also  difference between common noun and proper noun

Based on the theory of Hans Kelsen and Nawiasky above, Pancasila is categorized into staatsfundamentalnorm. This was then determined by an official state document in the form of a law.

MPRS Decree No. XX/MPRS/1966 was the first regulation that established Pancasila as the source of all sources of law. This regulation was refined with MPR Decree Number III/MPR/2000 concerning Sources of Law and Order of Legislation.

This stipulation was later strengthened through Law Number 12 of 2011 concerning the Formation of Legislation. The law was then popularly known as the PPPU Law.

Returning to the context of Pancasila, Article 2 of the PPPU Law states, “Pancasila is the source of all sources of state law.” Thus, juridically Pancasila has a constitutional basis in its position as a source of law in Indonesia.

Pancasila, which is positioned as the source of all legal sources, is also in line with the Preamble to the 1945 Constitution. This is clearly stated in the fourth paragraph, as follows:

“… then the Indonesian National Independence was compiled in a Constitution of the Republic of Indonesia, which was formed in a structure of the Republic of Indonesia which is people’s sovereignty based on Belief in One Almighty God, Just and Civilized Humanity, Indonesian Unity and Democracy Led by Wisdom Wisdom in deliberation/representation, as well as by realizing social justice for all Indonesian people.”

But then the question arises, why is Pancasila not mentioned in the hierarchy of Legislation as stated in Article 7 Paragraph 1 of the PPPU Law?

As it is known that in the article it is stated that the types and hierarchies of Legislation in Indonesia consist of:
a. The 1945 Constitution of the Republic of Indonesia;
b. Decree of the People’s Consultative Assembly;
c. Laws/Government Regulations in Lieu of Laws;
d. Government regulations;
e. Presidential decree;
f. Provincial Regulation; and
g. District/City Regional Regulations.

Pancasila is not mentioned in that order because its values ​​are already contained in the 1945 Constitution. Meanwhile, according to Article 3 Paragraph 1 of the PPPU Law, the 1945 Constitution is the basic law in Indonesian laws and regulations.

If we refer back to the theory of Hans Kelsen and Nawiasky, it means that it can be concluded that the position of Pancasila as the Staatsfundamentalnorm is above the 1945 Constitution as the Staatsgrundgesetz.

Thus, Pancasila is not the legal basis in Indonesian Legislation, but rather the source of all sources of law. Because the basis of Indonesian law is the 1945 Constitution.

D. The Meaning of Pancasila as the Source of All Sources of Law

The term “source of law” itself is interpreted as the source of a law. This includes values, rules, or legal norms. While Pancasila is a reflection of all the values ​​that live, grow and develop in the life of the nation and state in Indonesia.

Pancasila, which forms the basis of the state philosophy and philosophy of life for the Indonesian people, contains values ​​that are systematic, fundamental, and comprehensive, as discussed in the Pancasila book below.

Therefore, “Pancasila as the source of all sources of law” is a fundamental norm as the basis for the formation of the constitution of the Unitary State of the Republic of Indonesia.

As a consequence of this, all the values ​​of Pancasila must be reflected and become the spirit of all the contents of the law or laws and regulations in Indonesia. Or in other words, the entire constitution that regulates the administration of government in Indonesia must not conflict with Pancasila.

As a source of law, Pancasila constitutionally regulates the administration of the Republic of Indonesia. This is no exception for all elements of the Indonesian state, namely, the people, the territory, and the government. Various problems of the Indonesian nation such as threats to democracy, diversity and many more are regulated in Pancasila values ​​and you can learn in full in the book Democracy, Religion, Pancasila: Notes on Indonesian Politics Now.

In its position as the basis of the state, Pancasila is also a spiritual principle, which includes legal ideals. Thus, Pancasila becomes a source of values, rules, and norms, both moral and positive law in Indonesia.

In this context, Pancasila dominates the basic law, both written and unwritten in the form of the 1945 Constitution. For this reason, in its position as the foundation of the country, Pancasila has legally binding powers.

The values ​​in Pancasila were further elaborated on the main ideas of the 1945 Constitution. Because the 1945 Constitution serves as the legal basis, the values ​​of Pancasila eventually animates positive laws in Indonesia.

Thus, the meaning of Pancasila as the source of all sources of law , Pancasila should be the spirit that drives the administration of the Unitary State of the Republic of Indonesia. As people, we also need to actively take part in overseeing the running of the state so that it remains in accordance with Pancasila.

Books Related to Pancasila

1. The New Paradigm of Pancasila Education

2. Pancasila and Citizenship Education in Higher Education

Book Recommendations & Related Articles