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Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dealova Rizki Meilana; Septiana Qholi Syainiah; Iftitah Naura Az Zahra +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses the role of Pancasila in maintaining the balance between individual freedom and public order in Indonesian constitutional law. Pancasila, as the state foundation and ideology of the nation, occupies a central position in the formation of the legal system in Indonesia and serves as the source of all sources of law. In the context of constitutional law, Pancasila regulates how individual freedom is recognized as a constitutional right that is not absolute, but must be balanced with social responsibility and certain restrictions in order to maintain public interest and public order. This discussion highlights the challenges faced in maintaining this balance. This journal also provides suggestions for strengthening the normative foundation consistent with Pancasila, applying the principle of proportionality, strengthening the check and balance mechanism, and increasing public participation and legal education. Through the Historical Approach method, it is expected to examine the development of the rule of law and the principles of Pancasila from the past to the present.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lukluil Maxnuun; Fatimah Nur Laily; Muthiah Prima Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays a crucial role in the formation of law, including customary law. This research focuses on how Pancasila’s values serve as a basis for the recognition and development of customary law, which is still acknowledged within the national legal system. The urgency of this study lies in finding a common ground between national law and customary law to strengthen a just rule of law. The research method used is a normative approach, analyzing legislation and legal literature. The results indicate that Pancasila can function as a foundation for harmonizing customary law and national law, thus reinforcing Indonesia’s plural legal identity. The conclusion is that Pancasila, as the state’s foundational philosophy, provides space for the existence of customary law, as long as it aligns with the core values of Pancasila.  

Jesika Indriani; Nurul Aisyah; Bambang Trisno

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Indonesia is a country that has a republican form of government based on Pancasila. The aim of the research is to determine the concept, position and function of Pancasila as the source of the Indonesian state. Research was obtained through the literature study method, namely by reading and searching from books, journals, laws and other relevant literature sources. with the problems contained in this journal. The research results show that Pancasila as the basis of the State means that every constitutional aspect of the Republic of Indonesia must be based on Pancasila values. This means that Pancasila must always be the spirit or power that animates activities in forming the State. The function of Pancasila is as a guide to life, in this function Pancasila has a role as the basis of every view that exists in Indonesia. Pancasila must be a guide in making one's own decisions in dealing with a problem. Pancasila is the soul of the nation, in this function Pancasila must be the soul of the Indonesian nation. Therefore, Pancasila must be realized in every institution, both organizations and individuals in Indonesia. Pancasila as the national personality, in this function Pancasila can also be called the identity of a gift from God that we must guard.

Raihanah Muttmainnah; Pebrienti Siregar; Bambang Trisno

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

Pancasila, as the state foundation and ideology of the Indonesian nation, not only functions as a guide to national and state life, but also as a philosophical system that underlies the outlook on life, ideals and values ​​held by Indonesian society. As a philosophical system, Pancasila contains five interrelated principles and forms an integral framework for thinking. These five precepts reflect universal noble values ​​and contain moral principles that can be applied in various aspects of life. This study aims to analyze Pancasila as a philosophical system, explore the deep meaning of each principle, and understand its relevance and application in the context of modern life. Through a philosophical approach, it is hoped that this research can strengthen understanding of Pancasila as a moral and ethical foundation, as well as a guide in developing a just, prosperous and dignified society.