The Legal Meaning and Position of Pancasila as the Source of Legislation Formation in Indonesia

Abstract

As the philosophy and ideology of Indonesia, Pancasila has been determined as the source of all sources of state law as set in the decree of MPRS No. XX / MPRS / 1966 concerning Memorandung of DPR-GR Concerning the Regulatory Sources of the Law of the Republic of Indonesia and the Order of Indonesian Legislative Regulations, subsequently in its development, Pancasila remains the Source of all sources of state law, especially in Article 2 of Act No. 10 of 2004 and the latest Act No. 12 of 2011 concerning Formation of Legal Regulations. The development of the Formation of legislation is problematic concerning the field of the formation of Legislation which by several Constitutional Court, it has been declared to be contrary to the 1945 Constitution of the Republic of Indonesia meaning that it is contrary to the Pancasila itself, including the Regulations under the law in which the contents do not reflect the values of Pancasila. It is caused by the missing article, paragraph, or content in the Law of Legislation Formation, PPs, or other rules stating any values that are the basis of the Formation of Laws. This void of Pancasila values must be determined to confirm that Pancasila is the source of all sources of state law, and a comprehensive understanding of the meaning and legal status of Pancasila as the Formation of Laws and Regulations in Indonesia is needed.