PANCASILA IDEOLOGY POSITION IN STATE SYSTEM: A PHILOSOPHY STUDY
State ideology Pancasila is the direction of national and state life so that it is realized in a life that upholds Godhead, Humanity values, awareness of Unity, Society and upholds the value of Justice. This study reveals two things. First, the Pancasila constitutional system occupies a position as the basis and state ideology which is no longer in question, the Pancasila stipulation as a state ideology is listed in MPR Decree No. 18 of 1998 concerning repeal of MPR Decree No. 2 of 1978 concerning Guidelines for the Implementation and Implementation of Pancasila and the affirmation of Pancasila as the State Foundation. Article 1 of the stipulation of the MPR states that Pancasila as intended in the Preamble of the 1945 Constitution is the country’s foundation of the Republic of Indonesia which must be carried out consistently in the life of the state. Pancasila must be a paradigm (frame of mind, source of value and orientation of direction) in legal development, including all efforts to reform it. Pancasila can be used as a unifying means of various groups of people in Indonesia, the concept of Pancasila can be understood as a common platform or a common platform for various political ideologies. Pancasila is an offer that can bridge the growing differences, Pancasila has been able to position itself as a place to return if the Indonesian nation is threatened with division. Second, the implication of the abolition of the ideology of the Pancasila contained in the Preamble to the 1945 Constitution in which there is a statement of independence by the Indonesian people, so that if the ideology of the Pancasila is changed, it means that the Preamble of the 1945 Constitution must also be changed. there is more, so that the Indonesian state becomes non-existent or dispersed. Keywords: Ideology of Pancasila; Unifier; 1945 Constitution Introduction Every nation certainly needs a national ideology, which contains values that are considered good and suitable for society, are accepted and recognized and become the noble goals and ideals of a nation. For the Indonesian people, these values are contained in Pancasila. Apart from being an ideology of the nation, Pancasila is the basis of the state and the nation’s way of life that underlies the implementation of the Indonesian state administration. The Pancasila ideology that is applied in Indonesia when compared to other big ideologies in the world has a difference. on the one hand sometimes the difference feels close and thin, but on the other hand the difference is very far and very different. Pancasila was formed through a long process in the history of the Indonesian people. Similarly, the source of orderly law, or commonly referred to as the source of all sources of law, the source of the last and highest law, has a very sharp difference, depending on the community, nation and state respectively. For countries that embrace theocracy, the source of all sources of law is the teachings of God in the form of revelation, which are collected in the scriptures. For countries that embrace state power, the source of all legal sources is power or power, state power takes precedence. It is different with a state that adheres to the understanding of people’s sovereignty, the source of all its legal sources is the people’s sovereignty itself. The people’s sovereignty of the Pancasila state is not the same as the theory of popular sovereignty from Rousseau (social contract theory), not the same as the theory of popular sovereignty from Hobbes (which leads to absolutism), nor is it the same as the theory of sovereignty of John Locke (which leads to Parliamentary democracy), because the sovereignty of the people of the Pancasila state was imbued with and pervaded by the Godhead and other precepts of Pancasila. The sources of law and order of the Republic of Indonesia are the viewpoint of life, awareness and moral ideals which encompass the psychiatric atmosphere and character of the Indonesian nation, namely ideals concerning individual independence, national independence, humanity, social justice, national peace, political ideals regarding the nature form and purpose of the state, moral ideals regarding life society and religion as the embodiment of human conscience.1 Based on the description above, the writer wants to elaborate and further examine the main problem, namely where is the position of Pancasila in the state constitutional system of the Republic of Indonesia? And what is the impact of the removal of the Pancasila ideology as the basis and ideology of the Republic of Indonesia? the impact of the removal of the Pancasila ideology as the basis and ideology of the Republic of Indonesia? This study aims to examine, know, understand and explain further about the position of the Pancasila in the state constitutional system of the Republic of Indonesia. and clarify the ideology of Pancasila which is the basis of the state and the source of all sources of law, and what are the implications if the Pancasila is no longer the ideology of the Indonesian state. `Pancasila as the basis of the state and a constitutional juridical view of the nation’s life took effect on August 18, 1945, namely the ratification of the Constitution of the Republic of Indonesia by the Indonesian Independence Preparatory Committee (PPKI). Pancasila as the basis of the state’s formulation of the material is contained in the Preamble to the 1945 Constitution of the fourth century: maka … then the Indonesian National Independence was compiled in an Indonesian Constitution, which was formed in the composition of the Republic of Indonesia, which is based on the people based on: Almighty, just and civilized humanity, the unity of Indonesia and popular people led by wisdom in deliberation / representation, and by realizing a social justice for all Indonesian people.2 When the wind of reform blows hard and throws down the rules of the game and the mainstream of various political discourses in Indonesia, one interesting thing is the fact that almost no one questions the Pancasila or proposes it to be part of the reform program. All agreed that Pancasila still had to be the basis and ideology of the state. When the public declares to reject P4, it does not mean rejection of Pancasila but on the contrary it is the desire to maintain Pancasila as an open ideology that can continue to be used in the Republic of Indonesia in any situation, 3 Pancasila can be so great, Why is Pancasila never and will never be disturbed sued in its position as the basis and ideology of the country? There are at least two main reasons put forward in putting Pancasila in its position which will not be contested. Position of Pancasila in the Indonesian Constitutional System Pancasila in the philosophical approach is in-depth knowledge of Pancasila. Pancasila philosophy can be defined briefly as a critical and rational reflection about Pancasila in the building of the nation and state of Indonesia. To be able to understand deeply and fundamentally the philosophy of Pancasila, it starts with analyzing the essence and the nature of the precepts that make up the Pancasila. Understanding Pancasila as a philosophy is essentially a value. The formulation of the Pancasila as contained in the Preamble to the 1945 Constitution paragraph IV is as follows: 1. The Almighty God 2. Humanity that is just and civilized 3. Indonesian Unity 4. The people who are led by wisdom in consultation / representation, 5. Social justice for all people of Indonesia. The five precepts of Pancasila are essentially values. The values which are the essence of the Pancasila precepts are: divinity, humanity, unity, community values, and justice. The value then becomes a source of value for the administration of Indonesian state life. Etymologically, value comes from the word value (English) which comes from the word valere (Latin) which means strong, good, valuable. Thus simply, value (value) is something useful. Value is something that is valuable, good, and useful to humans. Value is a determination or a quality that involves the type and interest. Value is an appreciation or a quality of a thing that is the basis for determining human behavior, because a thing is useful (useful), confidence(belief), satisfying (satisfying), interesting (interesting), profitable (profitable), and fun (pleasant). Something can be classified as a philosophy if it fulfills the characteristics. Likewise, for Pancasila to be a philosophy, it must fulfill the conditions of understanding and characteristics of philosophy. Some opinions say that Pancasila is a philosophy. 1. Muh. Yamin Muh.Yamin said the Pancasila teachings were arranged harmoniously in a philosophical system 2. Soediman Kartohadiprodjo Soediman Kartohadiprodjo stated: Pancasila was presented as a speech to fulfill the demand to provide the basis of state philosophy, then the presentation of Pancasila as a philosophy, as a fruit was given then eaten with the belief that a disease can be eradicated, so as a medicine, the fruits were also medicine. At that time Pancasila was still a state philosophy. Because it can be understood, if the philosophy of Pancasilla is delivered as the essence of matters relating to humans, because the country is human, human organization. He thought all that this Pancasila was the creation of Ir. Sukarno, but apparently Ir. Sukarno rejected it as the creator of Pancasila, but said that Pancasila was the content of the soul of the Indonesian people. If a philosophy is the content of the soul (something) of a nation, then that philosophy is the philosophy of the nation. So Pancasila is the philosophy of the Indonesian people. 3. Notonagoro Notonegoro stated that in the fourth sentence in the opening of the 1945 constitution, that Indonesian national independence was compiled in a constitution of the Indonesian state which was formed in the atmosphere of the structure of the Republic of Indonesia which was based on sovereignty based on: Almighty God, just and harmonized humanity, the unity of Indonesia, democracy led by wisdom in consultation / representation and by creating a social justice for all Indonesian people. The words are based on determining the position of the Pancasila in the Republic of Indonesia as the basis of the state, in understanding the philosophical basis. The philosophical nature of this basic state is manifested in the abstract formula of the five precepts of Pancasila whose core words are divinity, humanity, unity, democracy and justice. 4. Rosian Abdoelgani. Pacasila is a state philosophy that was born as a Collective-ideologie of the entire Indonesian nation. In the studies from within still contains ample scope for the development of further assertions. In its function it survives as a state fundament, it has endured all tests both from contra-revolutionary forces and those that come from external forces. In Pancasila the balance of spiritual and physical values of Indonesian people is achieved. As the basis of the state, Pancasila is a spiritual principle which in popular state science is called the basis of state philosophy. In this position Pancasila is a source of values and sources of norms in every aspect of state administration, including as a source of orderly law in the Republic of Indonesia. Consequently, all laws and regulations are always based on the values contained in the Pancasila principles. In this context, Pancasila is a spiritual principle of the state, so that it is a source of values, norms and legal rules in the constitution of the Republic of Indonesia. The position of the Pancasila thus manifests its main function as the basis of the Republic of Indonesia, whose manifestations are spelled out in a statutory regulation. Therefore Pancasila is a source of basic state law both written state constitution as well as unwritten basic law or convention. Pancasila, the proclamation of August 17, 1945 and the 1945 Constitution, which are the ideals of the nation, are interrelated and that connection leads to the establishment of the Indonesian Republic and all its governmental systems. The proclamation of Indonesian independence was the culmination of the nation’s determination to be independent. The proclamation contains the struggle for the upholding of the soul of Pancasila which has been for centuries dreamed for centuries. Furthermore, the aims and ideals of the proclamation are reflected in the 1945 Constitution which is divided into the Preamble and the Body of the Constitution. And, the 1945 Constitution is based on and based on Pancasila which is the source of Indonesian law and order. At the opening of the 1945 Constitution there was a clear intention, purpose and reason for the Indonesian people to establish a state. In the opening ceremony, the five principles of Pancasila and Pancasila were formally and authentically formulated as the state philosophy of the Republic of Indonesia. The main points contained in the Preamble are disclosed in detail in the Body of the 1945 Constitution which consists of 37 articles, 4 transitional rules and 2 additional rules. Specifically, at the opening of the 1945 Constitution in paragraph IV, it was stated that the government protected the entire Indonesian nation and the whole land of Indonesian blood, and then reiterated in article 1 that said that the Indonesian state was a unitary state. This would emphasize the demands of the soul of the Pancasila, namely the formation of a unitary state Through the principles of the 1945 Constitution, the government system of the Republic of Indonesia was formed. In other words, once again, the basis of the government system is the 1945 Constitution, which contains the contents of the Pancasila. However, although in the course of time the government system of the state administration of the Republic of Indonesia has changed, the constitutional government system remains based on the 1945 Constitution. As a state foundation, Pancasila is a principle of kerokhanian which in popular state science is called the basis of state philosophy (Philosofische Gronslag). In this position Pancasila is a source of values and sources of norms in every aspect of state administration, including as a source of orderly law in the Republic of Indonesia. The consequence is that all laws and regulations are always based on the values contained in the Pancasila principles. Pancasila is a source of basic state law both written, namely the country’s Constitution and unwritten basic law or convention. The State of Indonesia is a democratic state based on law, therefore all aspects of the implementation and administration of the state are regulated in a system of laws and regulations. The definition of Pancasila in the context of the constitution of the Republic of Indonesia is the distribution of power, high state institutions, citizens’ rights and obligations, social justice and others regulated in a state constitution. The opening of the 1945 Constitution in the context of the constitution of the Republic of Indonesia has a very important position because it is a statutory fundamental and is in the highest legal order hierarchy in the State of Indonesia. The position of the Pancasila in Indonesian constitution can be described as follows: 1. Pancasila as the Source of All Laws Pancasila is a basic ideology for the Indonesian state. The name consists of two Sanskrit words: pañca means five and sila means principle or principle. Pancasila is the formulation and guideline of national and state life for all Indonesian people. Pancasila as the source of all laws or as an orderly source of Indonesian law, each legal product must be sourced and must not conflict with Pancasila. Pancasila is listed in the highest provision of the Preamble to the 1945 Constitution, then manifested or further elaborated in the main points of thought, which include the atmosphere of mysticism from the 1945 Constitution, which in the end is criticized or elaborated from the 1945 Constitution, as well as other positive laws. Pancasila as the basis of state philosophy, the nation’s life view and the ideology of the nation and state, is not only for a series of beautiful words but we must realize and actualize them in various fields in the life of society, nation and state. the concept of the state used in Indonesia is popularly called rechtsstaat, meanwhile to give the characteristic “to Indonesian”, also known as the rule of law by adding the attribute “Pancasila” so that it becomes the rule of law of Pancasila. Pancasila as the basis of the state shows that Pancasila as the source of all sources of law or sources of all legal order in the Republic of Indonesia. Means all sources of law or regulations starting from the 1945 Constitution, MPR Decree, Laws, Perpu (Government Regulation in lieu of Laws), PP (Government Regulation), Keppres (Presidential Decree), and all other implementing regulations, must stand on Pancasila as its legal basis. All legal products must comply with Pancasila and must not conflict with them. Therefore, if Pancasila is changed, all legal products in the Republic of Indonesia from 1945 to the present, will automatically be no longer valid. Or in other words, all legal products from the beginning to the end, all of them, are null and void. Because the source of all legal sources, namely Pancasila, has been annulled. Therefore Pancasila cannot be changed and cannot be changed. The values of Pancasila as an ideology or philosophy are born and have been entrenched in the history of the journey of the Indonesian people. These values are embedded in the heart, reflected in the attitudes and behavior and activities of community institutions. In other words, Pancasila has become the moral ideals of the Indonesian nation, which binds all members of the community both as individuals and as a national unity. However, the values of Pancasila as the basis of the state must be implemented as a source of all sources of law in the country and become the foundation for the administration of the state. The values of the Pancasila as the basis of the state are shown in the fourth paragraph of the Preamble of the 1945 Constitution, which obviously constitutes the five precepts of the Pancasila. That was the basis of the state established on 18 August 1945 by the Indonesian Independence Preparatory Committee (PPKI) which could be considered as the embodiment of the will of all the people of Indonesia who were independent. More specifically Pancasila as a source of law is stated in Decree No.XX / MPRS / 1966 MPR Decree No.V / MPR / 1973 and MPR Decree No.IX / MPR / 1978 which confirms the position of Pancasila as the source of all legal sources or sources of order law in Indonesia. Furthermore, Pancasila as the source of all sources of state law is stated in article 2 of Law No. 10 of 2004 concerning the Formation of Laws and Regulations. Understanding the formation of laws and regulations is the process of making laws and regulations which basically starts from the planning, preparation, preparation techniques, formulation, discussion, endorsement, enactment, dissemination. The formulation of the Act in addition to meeting the considerations and one of the requirements in the framework of national law development, also also shows that the implementation of the Pancasila values as the basis of the state has had a formal rule base. Article 7 states that the scope of the legislation includes: (i) the 1945 Constitution of the Republic of Indonesia; (ii) Government Act / Regulation in Lieu of Law; (iii) Government Regulations; (iv) Presidential Regulation; and (v) Regional Regulations. Efforts to parse the values of Pancasila as the basis of the state have a wide scope as well as dynamic. Broad in the sense of covering all aspects of social, economic and environmental life. Dynamic means giving a reaction space to changes in strategic environment. In other words, efforts to unravel the values of Pancasila are things that have never been completed in line with the journey of the Indonesian people to achieve national goals. The breadth and dynamism can be drawn through the emission values of the five Pancasila precepts. The implementation of these values is demonstrated by the behavior and quality of human resources in running national life towards the achievement of state goals. 2. Pancasila As a View of Life Pancasila values that have been passed down by the founders of the Indonesian nation are the essence and the culmination of social culture that always underlies the daily life order. The cultural values that have developed and are considered good, and the truth is believed to be used as a way of life and a source of value for the Indonesian people. The sources of these values include: 1) almighty divinity 2) Humanity fair and civilized 3) Indonesian Unity 4) Democracy led by wisdom in representative deliberations 5) Social Justice for all Indonesian people From these values then came the attitude that gave priority to unity, harmony, harmony, and welfare which had long been practiced long before Indonesian independence. View of life for a nation such as Pancasila is very important because it is a solid grip, so as not to be swayed by any circumstances, even in the era of globalization. Pancasila as a cultural filter that enters Indonesia. So, Pancasila filter and sort out which are in accordance with the character of Indonesian society and in accordance with existing norms and have lived for a long time in Indonesia. Pancasila as a solid barrier to protect the nation and Pancasila as a solid pillar supporting the state to stand up against all threats and dangers from outside the scope of Indonesia. Pancasila is also a way of life and continuity of the state administration of Indonesia. 3. Pancasila as the Foundation of the State The basis of the state is the most important thing for a country, because the foundation of the state is the foundation, the foundation of the ideals of hope and the main things for a nation. In each country has its own country basis, Pancasila as the basis of the Indonesian state listed in paragraph IV of the opening of the 1945 Constitution which is a constitutional juridical basis and can be referred to as the state ideology. As the basis of the state, Pancasila has legally binding power so that all legal regulations / state administration that are contrary to Pancasila must be revoked. The embodiment of the Pancasila values as the basis of the state, in the form of legislation is imperative for 1) State administration 2) State institutions 3) Community institutions 4) Indonesian citizens wherever they are, and residents in all regions of the unitary state of the Republic of Indonesia . In a judicial review of the constituency, Pancasila as the basis of the state is located as an objective norm and the highest norm in the country, MPRS Decree No.XX / MPRS / 1966, jo. Tap. MPR No. V / MPR / 1973, jo. Tap. MPR No.IX / MPR / 1978. Reaffirmation of Pancasila as the basis of the state, listed in Tap.MPR No.XVIII / MPR / 1998. As the basis of the state Pancasila is used to regulate the entire structure of the life of the nation and state of Indonesia, meaning everything related to the implementation of the constitutional system of the Unitary Republic of Indonesia (NKRI) must be based on Pancasila. This also means that all regulations in force in the Republic of Indonesia must be sourced from Pancasila. This does not necessarily decide Pancasila as the basis of the state. The election of Pancasila was found by the founder of the country in a special way and with extraordinary struggle. There are several aspects that underlie the nation’s founders to establish Pancasila as the basis of the state. The aspects that underlie the choice of Pancasila are as follows: 1) Aspects of pluralism in the lives of Indonesian people.13 2) Natural aspects of national resilience 3) Cultural aspects 4) Aspects of religion 5) Aspects of equality of fate So Pancasila is an intelligent choice because it addresses diversity in Indonesian society while remaining tolerant of differences. Determination of Pancasila as the basis of the state does not want to erase differences (indifferentism), but summarizes all of them in one empirical slogan that is typical of Indonesia which is stated in the verse Bhinneka Tunggal Ika. Implications of Revocation of the Pancasila Ideology The position and function of the Pancasila as the basis of the state as the Republic of Indonesia, the position of the Pancasila as stated in the opening of the 1945 Constitution is as a source of all sources of Indonesian law. Thus all legislative regulations in Indonesia must originate from the opening of the 1945 Constitution which contains the principles of state spirituality or the basic philosophy of the Republic of Indonesia. The fourth Alenia, the opening of the 1945 Constitution, includes elements which according to jurisprudence are required for the existence of an orderly law in Indonesia (rechts order) or (legai order), which is a roundness and overall legal regulations. Included it Pancasila formally in the opening of the 1945 Constitution, then pancasila gained a position as a positive legal norm norm, thus the country’s way of life is not only based on social, economic, political principles, but in its integration with the whole principles attached to it, namely the basic guidelines- cultural basis. The orderly system of Indonesian law, the 1945 Constitution states that Pokok Pikiran includes the inner atmosphere of the Indonesian Constitution and realizes the ideals of law, mastering the written law (UUD) and unwritten constitution (convensi), further the Pokok Pikiran embodied in the articles of the 1945 Constitution. So it can be concluded that the mystical atmosphere of the 1945 Constitution is nothing but in the soul or sourced on the basis of state philosophy and the function of Pancasila as the basis of the state of the Republic of Indonesia. The opening of Constitution 45 has a higher position than the Body, the reasons in the Opening are: National Policy (Pancasila), the function and purpose of the Indonesian Nation, and the form of the Indonesian State (Republic). Neither according to the general theory of constitutional law of Nawiasky, nor Hans Kelsen and Notonagoro recognized the position and function of fundamental state rules which are fixed; as well as the highest norm, the source of all legal sources in the country. Therefore, this rule cannot be changed, by anyone and any institution, because this rule is set only once by the Founder of the State. As the fundamental rule of the country, as well as the basis of the spirituality of the country and the soul of the constitution, the values are imperative (binding, forcing). That is, all citizens, infrastructure and suprastructure organizations in the country are imperative to implement and cultivate it. On the other hand, no citizen, nor organization within the country can deviate from or violate this normative principle, let alone revoking it is a violation of the Opening of the 1945 Constitution as a fundamental rule of state so that the Opening of the 1945 Constitution cannot be changed, Such a fundamental state according to the science of law has the nature and position of law that remains in the highest circle then legally can not be changed. Because changing the opening of the 1945 Constitution is the same as dissolving the state of the Republic of Indonesia, while the trunk can be changed (amended). Thus the repeal of Pancasila which is the soul of the constitution has implications for the dissolution of the state. This means that the Union State of the Republic of Indonesia, which is embodied in the noble values of Pancasila, no longer exists. This also means that the repeal of Pancasila also means the repeal of the establishment of the state by the founders of the state because Pancasila was formulated during the establishment of the state as the basis of the state of Indonesia. According to the Indonesian legal system, the opening of Constitution 45 has in fact qualified as a fundamental rule of the State. The basic rules of the state can be detailed as follows: Determined by the Founder of the State (PPKI) and embodied in a question born as the embodiment of the will of the Founder of the State. Statement of Birth as an Independent Nation Containing Spiritual Fundamentals (Pancasila), National Political Fundamentals (People’s Sovereign Republic), and National Purpose (becoming a Prosperous Fair State Containing Provisions stipulating the existence of a State Constitution Recognizing the position and function of fundamental state rules, and for the country The proclamation of August 17, 1945 is in the form of: Opening of the Constitution Proclamation 1945. That is, PPKI as the founder of the country recognizes and mandates that in the name of the Indonesian nation to uphold the state system Pancasila and Constitution 45. Such principles are reflected in the fundamental values contained in the Opening of Constitution 45 as a rule Philosophical-ideological Pancasila as a whole.So in any way, by any institution can not be changed let alone revoked.Because the opening is set only once by the founders of the state (the founding fathers, PPKI) who have the legality and authority first and highest (as the compiler who ratifies the state Constitution and state institutions). Ar tinya, changing the Opening and or state policy (Pancasila) means changing the state; also means to change or dissolved the Proclamation state (formed a new state; betrayed the Proclamation state on August 17, 1945). Pancasila has never been and will never be disturbed its position as the basis and ideology of the country, there are at least two main reasons, First, Pancasila is very suitable to be used as a platform of shared life for the nation of Indonesia which is very diverse in order to remain closely bound as a united nation. Second, Pancasila is contained in the Preamble of the 1945 Constitution in which there is a statement of independence by the Indonesian people, so that if the Pancasila is changed, it means that the Preamble of the 1945 Constitution is also changed, and if the Opening is changed then the independence that was once declared to be considered to be no longer exists, so therefore also the Indonesian state become absent or disperse. In its position as an adhesive or unifier, Pancasila has been able to reposition itself as a place of return if the Indonesian nation is threatened with division. Conclusions Based on the description and discussion, it can be concluded that Philosophically, Pancasila is a principle of kerokhanian which in popular science is called the basis of state philosophy (Philosofische Gronslag). Pancasila occupies a position as the basis and state ideology which is not in question anymore, the stipulation of Pancasila as a state ideology is listed in MPR Decree No. 18 of 1998 concerning repeal of MPR Decree No. 2 of 1978 concerning Guidelines for the Implementation and Implementation of Pancasila and the affirmation of Pancasila as the State Foundation. Article 1 of the stipulation of the MPR states that Pancasila as intended in the Preamble of the 1945 Constitution is the country’s foundation of the Republic of Indonesia which must be carried out consistently in the life of the state. Pancasila is a source of values and norms in every aspect of state administration, including as a source of orderly law in the Republic of Indonesia. As a consequence, all laws and regulations are always based on the values contained in the Pancasila principles. Pancasila as a View of Life and as the Foundation of the State, the Position and Function of Pancasila as a fundamental principle of the state that is permanent, as well as the highest norm, the source of all legal sources in the country. Therefore, this rule cannot be changed, by anyone and any institution, because this rule is set only once by the State Founder. Implications of revocation of Pancasila means revocation and / or dissolution of a state that has been established by the founder of the state.