Versita

JUSTIFICAITION OF PANCASILA LAW STATE AS AN EFFORT TO REALIZE INDONESIAN PROGRESSIVE LAW

John Kenedi
Keywords: Pancasila Law State, Legal Purpose, Indonesian Progressive Law ,

Abstract

The law is actually present for humans, and not the other way around. It means that the law must be able to meet human needs that aim and lead to complete substantive justice. Pancasila and progressive law theory have fully accommodated that spirit, the second and fifth precepts are the two Pancasila precepts which expressly carry the spirit of justice as one of its main spirits. Justification for Pancasila values that have been accommodated in the context of the Indonesian rule of law is important to be juxtaposed with progressive law theory, because both will be able to reach the culmination of substantive justice, the goal of law, namely legal justice, legal expediency and legal certainty in a linear and parallel position. Law enforcers, especially judges, have an important role in implementing and building the legal structure of the Pancasila law state, one of the roles that became the main spearhead is justice for people with rule breaking efforts. Legislators also play an important role, the stages and process of legislation is one part of the frame of the fundamental structure of the Pancasila law state because at the stage of soul of spirit the regulation was formed. The participation of the community and related stake holders is also a supporting pillar, the Indonesian people must be good at law, not only limited to legal literacy. This normative juridical writing uses 3 research approach methods, namely the statute approach, conceptual approach and historical approach. The data used in this study was secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials which were processed through 3 phases of data processing, that is data reduction, presentation and verification.