Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Construction of Legal Paradigm of Pancasila: A Conceptual Perspective

Author(s): Wiratmadinata, Faisal A Rani, Eddy Purnama, Husni Djalil

This study discusses the Pancasila as legal paradigm based on the State of Law system. The Pancasila as the Basic Ideology of state and as a source root of ideology, role as the ultimate source of legal system and has been regarded as the foundation that formulated in Indonesia Constitution preamble. The Pancasila has been postulated as the principal source and the main basis of all foundations of law which has been implementing in the rule of laws of Indonesia; therefore, Pancasila as the grand theory was different to the Rechtstaat Concept in the Continental European Legal System and Rule of Law in the Anglo Saxon. This study formulate the Pancasila state of Law based on the general State of Law Theory, which has important values related to the Concept and Paradigm of the Pancasila based on the values of Ideology. The results of this study found that the Pancasila as legal paradigm formulated as a grand theory that is ultimate to the Indonesian people in Indonesia Legal System.

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