Formulating Legal Justice based on Pancasila Value

Muhammad Fauzan

, Riris Ardhanariswari

and Tedi Sudrajat

Department of Constitutional Law, Jenderal Soedirman University, Jl. Prof. H.R. Boenyamin, Purwokerto, Indonesia

Department of Administrative Law, Jenderal Soedirman University, Purwokerto, Indonesia

Keywords: Pancasila, legal justice, regulation

Abstract: Pancasila has been accepted and established as the basis of the state as mention in the Preamble of the 1945

Constitution of the Republic of Indonesia is the personality and the view of life of the Nation. Realizing the

importance of this value, it is necessary to cultivate the realization of the noble values contained therein by

every Indonesian citizen, every state organizer and every state institution and social institution, both in central

or local government. The effort to concretize is to formulate legal justice based on Pancasila values. The

method used in this paper is doctrinal by using statute approach, analytical approach and conceptual approach.

Based on the result, it is known that the formulation model of good legislation needs to be implemented with

three stages covering the planning stage, at the time of formulation and enactment and stages after the

enactment. In order to internalize the value of Pancasila as the national identity, it need to establish an

institution which review and create concrete values of Pancasila in forming legislation.

1 INTRODUCTION

The national legal system that has been built since

the establishment of the Indonesian State is based on

Pancasila. (I. Istiningsih Hadiprayitno, 2010)

Pancasila as the basis of the state has a central

position in the Indonesian rule of law. According to

Sudjito, Pancasila is the basis of the construction of

the Indonesian legal concept which has been formed

from a combination of three elements, namely society

value, national law and state objectives. It means that

Pancasila is the basis for the formation of national law

which is used as an instrument to achieve the state’s

goals. (A. Wahyudi, et.al, 2009) This is in line with

the opinion of Mahfud M.D who stated that in the

context of legal politics, law is a tool that works and

implement in certain legal systems in order to achieve

the goals of the state or the goal of the Indonesian

nation which is to form a just and prosperous society

based on Pancasila. It means that the goals of the

Indonesian people must be achieved by the state

whose implementation is based on the Pancasila legal

system.( M. Mahfud MD, 2006)

Pancasila as an Indonesian philosophy have been

seen on the way of life and ideology which contains

its own legal aspiration (rechtside). Pancasila values

must be seen as a basic norm of state

(Grundnorm/Staatsfundamentalnorm) which is the

source of all Indonesian legal sources. (Y. Latif,

2016)

In this recent era, the Democracy System of

Pancasila have some challenges relating with the

dynamic of social way of life in Indonesia. The main

factor are to solve first, how do Pancasila values

become the spirit in the design of the state bow

system. This is important to ensure that the state's

direction remains on the track towards the ideals of

the establishment of the state; and Second, how

Pancasila values can be actualized in the legislation.

Based on those condition, it is important to carry

out scientific writing relating to the establishment of

legal justice based on the value of Pancasila in the

formulation of legislation. Thats why the following

problems are first, what is the actualization of

Pancasila in the formation of legal justice through the

drafting of legislation and second, what kind efforts

which have been made to harmonize the values of

Pancasila in the formulation of legislation?

2 THEORY

In general, ideology is a set of action-oriented ideas

or thoughts that organized into a regular system. In

ideology, it contains three elements, namely (1) the

existence of an interpretation or understanding of

reality; (2) accommodate a set of moral values or

158

Fauzan, M., Ardhanariswari, R. and Sudrajat, T.

Formulating Legal Justice based on Pancasila Value.

DOI: 10.5220/0009920301580164

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 158-164

ISBN: 978-989-758-458-9

prescriptions; (3) held orientation of an action,

ideology is a guideline of activities to realize the

values contained in it. (Sastrapratedja, 1991).

Mubyarto defines that ideology is a number of

doctrines, beliefs and symbols of society or a nation

that become guidelines (or struggle) to achieve the

goals of that society or nation. (Mubyarto, 1991)

Oesman and Alfian interpreted that ideology

contains series of values (norms) or basic values

system that are comprehensive and profound owned

and held by a society or nation as an insight or view

of their lives. Through this set of basic values system,

they know the best way, morally or normatively to be

right and fair, in behaving to preserve, maintain and

build a life together with its various dimensions.

(Oesman and Alfian, 1991)

From the opinions above, Pitoyo concludes that

ideology is (1) ideas, ideals, and basic values that

constitute a whole, round and basic value system; (2)

is a reflection of the life view and life philosophy of

a nation; (3) in the form of solid political beliefs as a

result of a shared will; and (4) becomes a firm

foundation and direction in achieving shared ideals.

(Pitoyo, 2012)

Substantively, Pancasila is an ideology held by the

State or the government and the people of Indonesia

as a whole, not the property or monopoly of a person

or any particular group. In this relation, Pancasila as

a National Ideology is also a source of value for

Indonesian law and order so as to create legal ideals

for the Indonesian as a whole. Pancasila became the

reference of political and state life in Indonesia.

Normatively, Indonesian identity is incarnated in

a consensus that maintains the upholding of

Indonesian constitutionalism into the five basic

principles of Pancasila served as an ideological-

philosophical foundation in achieving and realizing

the four goals of the state. The five fundamental

principles which stated as Pancasila are:

1. Belief in the One and Only God;

2. A just and civilized humanity;

3. A unified Indonesia;

4. Democracy, led by the wisdom of the

representatives of the People; and

5. Social justice for all Indonesians.

Pancasila which is the nation's view of life as well

as the foundation of nation that has been figured and

found, and the values that live in Indonesian society,

has placed Pancasila as an ideology that is the way of

life to the state. The reason for Pancasila as Ideology

is expressed by Koento Wibisono. According to him

there are three aspects that have been fulfilled by

Pancasila as an ideology, namely:

1. Reality, in the sense that the values contained in

Pancasila reflect the growing and developing

reality of society. Ideology must give the

futuristic image that it come from reality in

society itself.

2. Identity, in the sense that the level of idealism

contained in Pancasila is able to cultivate

motivation, passion to the support subjects so

that what is contained in it, is not just utopi,

without meaning, but at some point can actually

be realized in the reality of life.

3. Flexibility, in the sense that Pancasila remains

relevant and remains functional as a

deseingrund and leitsmotif in the fact of life. 9

K. W. Siswimihardjo, 1999)

As a national ideology, Pancasila functions to

mobilize the community in building the nation with

efforts covering all areas of life. So that Pancasila

embodies a principle of spirituality, life view, life

guidance for the nation and state of Indonesia that

must be maintained, developed and practiced in the

life of the nation and state by all the elements that

exist. Pancasila as a state ideology is the principle and

orientation of living in state that is believed to be able

to move the nation and realize the ideals of

independence.

Basically the ideology of Pancasila is an open

ideology that has a responsive nature to the problems

and dynamics of life that occurs in the life of the

people in the nation. In other words, Pancasila is the

ideology that should not be primordial or exclusive,

but must uphold the dignity of human beings for the

all people’s sake. With this assumption, Pancasila as

a national ideology will express the universal value,

which shows integral integrative insight and

Pancasila as a modern ideology that is able to provide

passion and high spirits.

Thus, the ideology of Pancasila is an ideology

which is different from western ideology, ideology of

Marxism/communism, as well as religious ideology.

For Indonesian nation, the Pancasila ideology was

born from the struggle of the colonized nation by

foreign nations and became an independent nation. A

state can be said to have an ideology when it has made

a decision to alter its past and present facts according

to what it wishes to be based on the values that live in

the country.

Value is something precious; it has a quality and

useful for human beings. Something has value means

that it is valuable or useful to human life. The

existence of these two values is in line with the

assertion of Pancasila as an open ideology. The

formulation of Pancasila as in the opening paragraph

4 of the 1945 Constitution of the Republic of

Formulating Legal Justice based on Pancasila Value

159

Indonesia is expressed as the basic value and its

expression as instrumental value. The basic value has

not changed and cannot be changed anymore. No

matter how important the basic values contained in

the opening of the 1945 Constitution of the Republic

of Indonesia, its nature is not yet operational which

needs to be suggested into instrumental value.

Instrumental value must still refer to the basic values

that it describes. The description clearly should not

conflict with its basic values.

When the position of Pancasila is linked in the

structure of legislation through theorie von

stunefunbau der rehtsortdnung, then the order of

norms according to the theory is:

1) The fundamental norm of the state

(staatsfundamentalnorm);

2) Basic rules (staatsgrundgesetz);

3) Formal law (formell gesetz); and

4) Implementation of Regulation and autonomous

regulation (verordnung en autonome satzung).

Based on Nawiasky's theory, A. Hamid S.

Attamimi compares it to Kelsen's theory and applies

it to the structure of the law in Indonesia. Attamimi

shows the hierarchical structure of Indonesian legal

system using Nawiasky theory. Based on the theory,

the Indonesian legal system is as follows:

1) Staatsfundamentalnorm: Pancasila (Preamble to

the the 1945 Constitution of the Republic of

Indonesia);

2) Staatsgrundgesetz: the substance of the 1945

Constitution of the Republic of Indonesia, the

MPR Decree, and the Convention;

3) Formell gesetz: Law; and

4) Verordnung en Autonome Satzung:

hierarchically from the Government Regulation

to the Decree of the Regent or Mayor.

Therefore, the national legal development guided

by Pancasila will be appropriate with:

1. The first principle which is the

acknowledgement to be a country believing in

the one and only god instructs to all legal

products to ensoul the religious principles.

2. The second principle is every law should in line

with humanity which means the law formulated

cannot ignore the humanities and against human

rights.

3. The third principle is the legal development

should be unity, which means keeping the

pluralities and the unity in diversity.

4. The fourth principle is the law has to be

democratic; and

5. The fifth principle is the law should bring the

social justice and prosperity.

3 MATERIALS AND METHODS

This paper has the intention to synchronize the values

with the application of Pancasila related to the

formulation of legal justice in the preparation of

legislation. Efforts to fulfill the value of Pancasila in

legal justice will be analyzed and evaluated, which is

then implemented as a measure of the harmonious

value of Pancasila in the formulation of legislation.

Base on those reason, this paper is based on doctrinal

methods through a qualitative approach. In addition,

a problem approach related to legal justice is based on

the value of Pancasila through statute approach,

philosophical approach and a conceptual approach.

The data analysis uses qualitative normative with

several interpretation models including grammatical

and systematic interpretation.

4 RESULTS

From the time the proclamation of independence was

declared on August 17, 1945, the journey of

constitutional life of the Republic of Indonesia as a

sovereign state is considered relatively "young" i.e.,

73 years, compared to 242 years of that of the United

States of America, whose independence was declared

on July 4, 1776. Nevertheless, admittedly the idea and

or concept of constitutional implementation has

always accompanied the state administration. This

condition create Indonesia become a modern state

which uphold the law and humanity.

Article 1 paragraph (3) the 1945 Constitution of

the Republic of Indonesia affirms that Indonesia is a

legal state. The existence of this formula means that

the the 1945 Constitution of the Republic of

Indonesia explicitly affirms that the state ideology

adopted is to understand the rule of law. Article 1

paragraph (2 the 1945 Constitution of the Republic of

Indonesia states that sovereignty is in the hands of the

people and carried out according to the Constitution.

This provision shows clearly that the the 1945

Constitution of the Republic of Indonesia also

adheres to the notion of popular sovereignty or

democracy. Based on these provisions it can be

concluded that the state's aspiration to be realized is

the State of the Republic of Indonesia as a democratic

rule of law (democratische rechtsstaat) and at the

same time a democratic state based on law

(constitutional democracy). (I Dewa Gede Palguna,

2008)

The country's interest can be realized if in the

constitution or the Constitution, both explicit and

implicit are actually incarnated in the practice of

everyday life. What has been regulated in the

ICRI 2018 - International Conference Recent Innovation

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constitution or the Constitution is further elaborated

in the legislation under it, in other words, the desire

to realize the implementation of constitutional or

constitutional provisions in the practice of daily life

is very much dependent on the ability of lawmakers

(and other implementing regulations) in capturing the

spirit of the constitution or the Constitution.

Therefore, the Law, as well as other implementing

regulations, may not deviate or conflict with the

constitution or the Constitution. Based on that

thought, in every country that adheres to the rule of

law, the principle or principle is derived which is then

known as the principle or principle of

constitutionality of the Act. Consequently, there must

be a mechanism that can guarantee that the law made

is not contradictory to the Constitution. This is what

became the forerunner of the practice of statehood

which is known as "testing the Law against the

Constitution". ((I Dewa Gede Palguna, 2008)

One thing that must be considered in carrying out

legal development is that the law must be understood

and developed as a single system in which there are

institutional elements, legal material elements, and

legal cultural elements. (A. Ramli, 2008)

National

Law is a legal entity that is built to achieve state goals

derived from the philosophy and constitution of the

country. In both cases, the objectives, bases and ideals

of the legal state of Indonesia are contained. (. (A.

Ramli, 2008)

According to Mochtar Kusumaatmadja that law is

a tool to maintain order in society. Given its legal

nature, basically it is conservative meaning that the

law is to maintain what is achieved. This function is

needed in every society, including developing

communities that must be maintained, protected and

secured. The old-fashioned view of the law that

emphasizes the maintenance function of order in a

static sense, and emphasizes the conservative nature

of the law, considers that law cannot implementing a

meaningful role in the process of renewal. (M.

Kusumaatmadja, 2006)

Furthermore, it was emphasized that the law was

expected to function not only to guarantee the legal

certainty but also as a “means of community renewal”

or “means of development”. Another assumption

contained in the conception of law as a means of

renewal is the law can be function as a tool (regulator)

or means of development in directing human

activities. Based on those condition, the development

of Indonesian law is a legal development based on the

Pancasila value. It means that in the overall

principles, rules governing human life in society, also

includes institutions.(T. Sudrajat, et.al, 2018)

This

overview in line with Sjachran Basah which states

that the expected legal function in addition to its

classical function, can also function as a director in

building to form a society that is to be achieved in

accordance with the purpose of state life. (S. Basah,

1992)

The national legal development requires a clear

Grand Design System and Legal politic as a

comprehensive design, which serves as a guideline

for all stakeholders, which includes all elements from

the planning, legislation, dissemination and legal

culture of the community. Grand Design System and

National legal politic is a comprehensive guide line,

which is the focal point and purpose of all

stakeholders of legal development which includes the

design of the legal development structure as a whole.

(A. Ramli, 2008) Furthermore it was emphasized that

grand design must begin with the basic thoughts, as

follows:

1. Legal development must include: principles,

norms, institutions, processes and their

enforcement without ignoring legal culture;

2. In the context of legal harmonization, a more

systematic, comprehensive and holistic

legislative mechanism is needed;

3. Consistency in the hierarchy of regulations

culminating in the constitution;

4. Dedication to national interests as a pillar for

achieving legal objectives, namely the creation

of justice and order in the framework of the

welfare state;

5. Grand design is carried out by the legal sector.

Mochtar Kusumaatmadja's view of the function

and role of law in national development, later known

as the Legal Development Theory, is placed on a

premise that is the core of the teachings or principles

as follows:

1. All developing communities are always

characterized by change and the law functions

in order to ensure that changes occur in an

orderly manner.

2. Both change and order are the initial goals of a

developing society, so the law becomes a means

(not a tool) that cannot be ignored in the

development process.

3. The legal function in society is to maintain order

through legal certainty and also the law (as a

social rule) must be able to regulate (assist) the

process of change in society.

4. A good law is a law that is in accordance with

the living law in society, which is certainly

appropriate or is a reflection

5. The implementation of the aforementioned legal

functions can only be realized if the law is

carried out by a power, but the power itself must

Formulating Legal Justice based on Pancasila Value

161

run within the limits of the rules specified in the

law. (R. Atmasasmita, 2012)

The concept of Satjipto Rahardjo known as

progressive law. It confirms that the law is an

institution that aims to bring people to a just,

prosperous life and stable. (S. Rahardjo, 2009)

Satjipto Rahardjo's views on the characteristics and

functions and role of law in development are divided

into 2 (two) things, namely:

1. The law is always placed to find a basis for

ratification of an action that adheres to

procedural characteristics of the legal basis and

basic rules.

2. Legal development is an instrumental nature

that experiences exchanges with forces outside

the law so that the law becomes a channel for

carrying out political or legal decisions as a

means of social engineering. (S. Rahardjo,

2009)

The theory of legal development have challenges

in the normative perspective that must be rooted in its

people, but at the same time the law must be

empowered to change the attitudes and behavior of its

people more than the changes in bureaucratic

attitudes and behavior in the Indonesian government

system. Progressive legal theory does not recognize

the excess normative power of written law or law as

a means to find solutions in people's lives because all

written legal products are seen as always reflecting

the interests of power rather than public justice. (S.

Rahardjo, 2009)

Basicly, to forming Indonesian legislation there

are two principles that must be considered, which are

the principle of general law which specifically

provides guidance for the formation of the contents of

the legislation, and the principle of law which

specifically provides guidance for create regulations

into their form, for their method of formation, and for

the process and procedure for their formation. (A.

Hamid S. Attamimi, 1990) Furthermore, it was

emphasized that the principles of the formation of

Indonesian legislation that must follow guidelines

and guidance in accordance with:

1. Indonesian law none other than Pancasila (the

precepts in that matter act as the mind, which

acts as a guidance star);

2. The fundamental norms of the state none other

than Pancasila (the precepts in that matter apply

as norms);

3. The fundamental norms of the state none other

than Pancasila (the precept in that matter applies

as norms);

4. The principles of the state are based on the law

that places the law as a regulatory tool (der

Primat des Rechts); and

5. The principles of government are based on a

constitutional system that places laws as the

basis and limits of the administration of

government activities. (A. Hamid S. Attamimi,

1990)

According to Backy Krisnayuda, the position of

Pancasila as the source of all sources of state of law

can be transformed when it given space for the values

of Pancasila in the formation of the law. The

Pancasila values are translated into the postulate of

the Pancasila transformation, as follows:

1. Every law must form the nation of the people

who fear of God Almighty;

2. Every law must reflect the value of humanity

and uphold human dignity;

3. Every law must create a sense of security and

peace in the spirit of national unity;

4. Every law must provide space for representation

of community members in the formation,

implementation and testing of laws; and

5. Every law must prosper the community. (B.

Krisnayuda, 2016)

As a national ideology, Pancasila serves to

mobilize the community in building the nation with

efforts that cover all areas of life. In this condition,

Pancasila embodies a principle of spirituality, a view

of life, guidelines for the nation and state of Indonesia

that must be nurtured, developed and practiced in the

life of the nation and state by all elements. Pancasila

as a state ideology is a principle and life orientation

of a state that is believed to be able to move the nation

to realize the ideals of independence.

Basically, the ideology of Pancasila is an open

ideology that has responsiveness to solve problems

and life dynamics that occur in the life of the nation

and state. In other words, the Pancasila ideology

cannot be primordial or exclusive, but must be uphold

the human dignity for the common good. With this

assumption, the Pancasila as a national ideology will

display universal values, which show a

comprehensive perspective and Pancasila insight as a

modern ideology that is able to provide high passion

and enthusiasm. Thus the ideology of Pancasila is a

different ideology from western ideology,

marxism/communism ideology, and religious

ideology. For the Indonesian people the ideology of

Pancasila was born and the struggle of the colonized

people by foreign nations became an independent

nation. A country is said to have an ideology when

the country has made a decision to change the reality

ICRI 2018 - International Conference Recent Innovation

162

of the past and its present according to what is desired

based on the values that live in its country.

5 DISCUSSION

Value is something that is valuable, shows quality,

and useful for humans. Something that is worth

means something is valuable or useful for human life.

The existence of these two kinds of values is in line

with the assertion of Pancasila as an open ideology.

The formulation of Pancasila as in the preamble of the

fourth paragraph of the the 1945 Constitution of the

Republic of Indonesia is stated as the basic value and

its elaboration as instrumental value which does not

change and cannot be changed again. However

important the basic values listed in the opening of the

the 1945 Constitution of the Republic of Indonesia,

its nature is not yet operational which needs to be

translated into instrumental values. The instrumental

value must continue to refer to the basic values which

are elaborated and the translation clearly cannot be

contrary to its basic values. This is what underlies in

any form of legislation must fulfill the value of justice

as stated in Pancasila.

Consequently if there are legal products which

contrary to the spirit and spirit of the nation's

philosophical foundation as Pancasila, then based on

the principle of hierarchy, the legal product does not

have the legal force. As is known, there are 3 (three)

consequences adopted by the hierarchy principle,

namely:

1. A lower regulation may not be conflict with the

laws and regulations in higher level;

2. Lower regulations can only be revoked on the

authority of laws or regulations that are level or

higher;

3. If the substance of lower regulations is contrary

with the higher laws and regulations, the

regulation cannot be enforced.

Based on condition above, Pancasila is the source

of all sources of state law in the Indonesian legal

system which gives direction in the substance of the

the 1945 Constitution of the Republic of Indonesia.

The interpretation of legal norms in the 1945

Constitution of the Republic of Indonesia as the

highest law will be based on function as legal ideals

that will become the basis and source of life views or

philosophy of life of the nation that becomes a

guideline in the formation of lower laws and other

regulations. The law and the philosophy of life and

the morality of the nation that are the source of all

sources of state law will be a benchmark and a

milestone for assessing legal policy or can be used as

a paradigm that forms the basis of policy making in

the field of law and legislation as well as fields social,

economic and political. (M. Siahaan, 2008) The

intepretation of legal norms in the 1945 Constitution

of the Republic of Indonesia as the highest law will

be based on the national core in Pancasila with the

function as the legal idea which is going to be the

basic and source of life vision or the life philosophy

of the nation that is the guide in formulating law and

other lower regulation. The legal idea, life philosophy

and nation morality which are the source of any state

legal source will be the standard to value of legal

policy. Otherwise, it can be used as the fundamental

paradigm for policy making in law and regulation

field or social, economic, and political field. ((M.

Siahaan, 2008)

Pancasila which has been accepted and stipulated

as the basis of the state as stated in the Preamble of

the 1945 Constitution of the Republic of Indonesia is

the personality and life view of the Nation that has

been tested for its truth and efficacy, so that none

force can separate Pancasila from the life of the

Indonesian people. Realizing that to preserve the

efficacy of the Pancasila, it is necessary to work out

real and continuous appreciation and practice of the

noble values contained in it by every Indonesian

citizen, every state organizer and every state

institution and social institution, both at the center and

in the area. With the appreciation and practice of

Pancasila by Indonesian people, Pancasila will be

realized in the lives of Indonesian people and nation.

The unanimous and unified Pancasila gives

confidence to the people and nation of Indonesia that

the happiness of life will be achieved if it is based on

harmony and balance, both in human life as a person,

in human relations with society, in human relations

with nature, in the nation's relations with the nation

other nations, in human relations with God, and in

pursuing outer progress and spiritual happiness. With

confidence in the truth of Pancasila, humans are

placed in the nobility of their dignity as beings of God

Almighty with the awareness to carry out their nature

as personal beings and social beings.

In this reformation era, the formulation of

legislation did not stated clear to refer to Pancasila. It

can be caused by various factors that become

obstacles in harmonizing and synchronizing

Pancasila with the content of legislation. The efforts

that can be made to harmonize the values of Pancasila

in the formulation of legislation can be implement

through 2 (two) stages, namely the initial stages of

actualization and the phase of actualization. At the

initial stage, actualization is carried out in the form

of:

Formulating Legal Justice based on Pancasila Value

163

1. Creating standards to conclude Pancasila and

reviewing legal products; and

2. Establish an institution which review and create

concrete values of Pancasila in forming

legislation.

The actualization phase is carried out in the form

of:

1. Internalization the values of Pancasila as a

philosophical foundation in the formation of

legislation at the drafting of regulations; and

2. Conduct Executive Preview before the enactment

of the legislation (especially for Local

Regulations).

6 CONCLUSIONS

Strengthening the value of Pancasila in the formation

of legal justice is based on philosophy, ethos, soul,

and the spirit of Pancasila. The process of these

precepts is increasingly meaningful when followed

by the appearance of policies and concrete actions

along with real action practices. The strengthening of

Pancasila is not just a process of one precept from

Pancasila, but it must always be done all together in a

complete manner. The whole process of the Pancasila

principles must also be grounded to jointly strengthen

and complete inter-precepts, and in the plan to create

cohesiveness of the Pancasila precepts. If the

Pancasila process is only one precept, especially if the

precepts are not in the framework of encouraging and

animating the different precepts, the process of one of

the precepts actually loses its meaning on the doctrine

of Pancasila.

ACKNOWLEDGMENTS

This article is intended to be obtained argumentation

academically through the ideal concept of Pancasila

as a testing tool of forming regulation. Support from

Majelis Permusyawaratan Rakyat and Faculty of

Law Jenderal Soedirman University is gratefully

acknowledged.

REFERENCES

Atmasasmita, Romli, 2012, Teori Hukum Integratif

Rekonstruksi Terhadap Teori Hukum Pembangunan

dan Teori Hukum Progresif, Genta Publishing,

Yogyakarta

Attamimi, A. Hamid S., 1990, Peran Keputusan Presiden

Republik Indonesia dalam Penyelenggaraan

Pemerintah Negara “Suatu Studi Analisis Mengenai

Keputusan Presiden yang berfungsi Pengaturan dalam

Kurun Waktu Pelita I-Pelita IV, Disertation,

Postgraduated Program, Indonesia University, Jakarta

Basah, Syahran, 1992, Perlindungan Hukum Terhadap

Sikap Tindak Administrasi Negara, Alumni, Bandung

Hadiprayitno, I. Istiningsih, 2010, Defensive Enforcement

Human Rights in Indonesia, Human Rights Rev, 11

(920)

Krisnayuda, Backy, 2016, Pancasila & Undang-undang

Relasi dan Transformasi Keduanya Dalam Sistem

Ketatanegaraan Indonesia, Prenamedia, Jakarta

Kusumaatmadja, Mochtar, 2006, Konsep-Konsep Hukum

Dalam Pembangunan, Alumni, Bandung

Latif, Y., 2016, Pancasila Sebagai Norma Dasar Negara:

Implikasinya Terhadap Perumusan Konstitusi, BPHN,

Jakarta

Mubyarto, 1991, Dalam Pancasila sebagai Ideologi.

Ideologi Pancasila dalam Kehidupan Ekonomi, dalam

Pancasila sebagai Ideologi, BP-7 Pusat, Jakarta

M. Mahfud MD, 2006, Membangun Politik Hukum,

Menegakkan Konstitusi, LP3ES, Jakarta

Oesman and Alfian, 1991Pancasila sebagai Ideologi dalam

Berbagai bidang Kehidupan Bermasyarakat, Berbangsa

dan bernegara, BP-7 Pusat, Jakarta

Palguna, I Dewa Gede, 2008, Mahkamah Konstitusi,

Judicial Review, dan Welfare State Kumpulan

Pemikiran I Dewa Gede Palguna, Secretariat General

of Constitutional Law, Jakarta

Pitoyo, 2012, Pancasila Dasar Negara, PSP Press,

Yogyakarta

Sastrapratedja, 1991, Pancasila sebagai Ideologi dalam

Kehidupan Budaya, BP7 Pusat, Jakarta

Ramli, Ahmad. 2008, Membangun Hukum Nasional Yang

Demokratis Serta Masyarakat Yang Berbudaya dan

Cerdas Hukum, Buletin Hukum Perbankan dan

Kebanksentralan, 6 (2)

Rahardjo, Satjipto, 2009, Hukum Progresif Sebuah Sintesa

Hukum Indonesia, Genta Publishing, Yogyakarta

Siahaan M., 2008, Undang-undang Dasar 1945 Konstitusi

yang Hidup, Secretariat General of Constitutional

Court, Jakarta

Siswimihardjo, K. W. 1999, Pancasila Suatu Telaah

Ideologik Dalam Perspektif 25 Tahun Mendatang,

Pusat Studi Pancasila Universitas Gadjah

Mada,Yogyakarta

Sudrajat, Tedi, et.al, 2018, Harmonization of Regulation in

Water Territorial Management Becoming a Fair

Economic Benefit Distribution Towards Regional

Autonomy, Proceeding SCiFiMaS 2018, 47, 06004

Wahyudi, A. et.al, 2009, Proceeding Kongres Pancasila

dalam Berbagai Perspektif, Secretariat General of

Constitutional Court, Jakarta

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