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

Abstract

Pancasila as a National Legal Postulate: Re-conveying the Rules of Recognition

Author(s): Ratno Lukito

As a nation-state, Indonesia has experienced a physical revolution in expelling colonialism. However, this revolution, unfortunately, was not followed by a legal revolution which changed the colonial order into an independent one. This paper wants to show that the absence of a legal revolution has resulted in a lack of sufficient attention to law as a secondary rule so that the development of legal substance is not followed by the development of rule of recognition, even though there is Pancasila which is always described as the source of all law. The author also believes that with Pancasila, the national grundnorm can be extracted to produce legal postulates. This paper ends with a presentation on Pancasila which is believed to be a national legal postulate.

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