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PAPER
"ACTUALIZATION OF PANCASILA AS A RESOURCES OF INTERNAL LAW"
ESTABLISHMENT OF LAW”

Subject: Pancasila

Lecturer: Haris Yusuf, SH., MH

Arranged by:

NUR AMANAH B1B122042

CLASS A

MANAGEMENT STUDY PROGRAM

FACULTY OF ECONOMICS AND BUSINESS

HALU OLEO UNIVERSITY

2022
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TABLE OF CONTENTS

Title page

TABLE OF CONTENTS................................................................................ ............................i

CHAPTER I INTRODUCTION

1.1 Background............................................... .............. 1

1.2 Formulation of the problem............................................................... ........ 1

CHAPTER II DISCUSSION

2.1 Definition of Pancasila ............................................................... ..... 3

2.2 Pancasila as the source of all sources of law. 4

2.3 Actualization of Pancasila ............................................................... .... 5

2.4 Guidelines for Pancasila Actualization in Formation

Constitution............................................... ............ 7
CHAPTER III CLOSING

3.1 Conclusion................................................................................ .................. 18

3.2 Suggestions ................................................................ .............................. 19

REGISTRATION ................................................................................ ................... 20

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PIG
PRELIMINARY

1.1 Background

Pancasila is the source of all sources of law, the basis

national law, and legal ideals in the legal system

Indonesia. Because it has been determined by the formation of the state

that the formation of Pancasila was primarily intended to
serves as the basis for the Republic of Indonesia. By
Therefore, the main function of Pancasila as the basis of the state is based on
in MPRS Decree No. XX/MPRS/1996 (in conjunction with MPR Decree No.
V/MPR/1973, in conjunction with MPR Decree No. IX/MPR/1978) which
Explain that Pancasila is the source of all sources
law or source of Indonesian legal order which is essentially
is a view of life, awareness and ideals of law as well as moral ideals that include
an atmosphere of kebatinan
and the character of the Indonesian people.

In the legal formation stage, this paper discusses

actualization of Pancasila as a source of law. Here, the term
"Pancasila actualization" refers to the fact that values
Pancasila really exists or is reflected in the law. Because

related to the current position of Pancasila, then the issue of actualization

Pancasila in the formation of laws became significant.
Based on this point of view, the application of any and all
laws must reflect or align with values
Pancasila values

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1.2 Problem Formulation

There are several things that are problematic in

this paper are;
1. What is the meaning of Pancasila?
2. Why Pancasila as the Source of All Sources
Law?

3. What is meant by the actualization of Pancasila?

4. How are the Guidelines for the Actualization of Pancasila in
law formation?

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CHAPTER II

DISCUSSION

2.1 Understanding Pancasila

Pancasila is the basic ideology for the Indonesian state. this name
consists of two words from Sanskrit: pañca means five
and la means principle or principle. Pancasila is a formula
and guidelines for the life of the nation and state for all
people of Indonesia.

The five main elements that make up Pancasila are the One God
Almighty, just and civilized humanity, unity
Indonesia, a people led by wisdom
in deliberation/representation, and social justice for
all Indonesian people, and is listed in the 4th paragraph
Preambule (Opening) of the 1945 Constitution. Although there has been a
change in the content and order of the five precepts of Pancasila which
going on in a number of Step During

the formulation of Pancasila in 1945, June 1

commemorated as the birthday of Pancasila.

Pancasila in its position as the source of all

sources of law are often referred to as the basis of philosophy or ideology
Country. In this sense, Pancasila serves as the basis for
norms and values that govern state government. Pancasila
provide the basis for regulating the administration of the State.
As a result, the values of Pancasila serve as a framework for
describes the entire implementation of the country, including all
current legislation and reform processes.
As a rule of state law that constitutionally regulates

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State and all its components, Pancasila is the source of

all sources of law.

2.2 Pancasila as the Source of All Sources of Law

In legal science, the meaning of the source of

all legal sources can be interpreted as a source of identification
and is interpreted as the source of origin, the source of the values that become
cause of the rule of law. Then the meaning of Pancasila
as a source is not in the sense of a legal source
kenbron (source where it was found), a place to see and
know positive legal norms, but in a welbron sense
as the origin of value, the source of value which is the source of
positive law. So, Pancasila is a source of values and values
the values contained therein are formed by legal norms by the state.

As a place where every law maker in Indonesia

take or withdraw the necessary basic elements
for its task, Pancasila is its original source. This too
be a place to find provisions that will
become part of the legislation that will be made
and as a basis for testing whether the contents of an applicable statutory
regulation are truly
laws that lead to the objectives of State law
Republic of Indonesia.

Pancasila as the source of all sources of law

in Indonesia means that the position of Pancasila is placed in the position of
highest law in Indonesia, the position of Pancasila in this regard

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make guidelines and directions for every Indonesian nation in

formulate and improve the legal condition in Indonesia. Pancasila
in its position as the source of all sources of law
often referred to as the basis of the philosophy or ideology of the State

2.3 Actualization of Pancasila

In the Big Indonesian Dictionary, actualization is defined as

"about actualizing"; actualization". While actual
interpreted among other things as "really exists"

The actualization of Pancasila has the meaning as the basic application

the basis of the state in everyday life. Pancasila Actualization
also means applying the moral values contained in
national basis to be implemented in various fields
life. The application of moral values in Pancasila must be
by all citizens.

The actualization of Pancasila itself is divided into two types

namely actualization which is objective and actualization which is
subjective. The actualization of Pancasila is objective, meaning process
the actualization of Pancasila into various fields of life
especially the state which includes state institutional bodies.
Such as legislative, executive and judicial bodies. Not only that,
the actualization of Pancasila also includes other fields, for example
the fields of politics, economics, law, and the field of state
other

Subjective Pancasila actualization is actualization

Pancasila that applies to each individual, especially
in the moral aspect as well as relating to the life of the state and

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Public. While the actualization of objective Pancasila is actualization

which is considered successful if the actualization of Pancasila
subjective can run optimally and maximally.

We must be able to implement actualization

Pancasila in various fields of life as citizens
Indonesia with its own ideology and state base. However,
the reality is that realizing this is very challenging.
Implementation of the actualization of Pancasila is a challenge because
various reasons. One of them is caused by individual attitude.

The moral values contained in Pancasila must be able to

reflected in everyday life. As in the field
education, health or medicine, law, drugs,
crime, demonstrations or demonstrations, as well as regional autonomy.

The legalization of Pancasila, especially its formation, is still an

important issue today. In fact, the values of Pancasila
should be the driving force behind all laws
new law considering that Pancasila functions as an ideology,
the foundation of the state, and the ideals of national law. Therefore,
important to discuss the precise relationship between the mechanisms
today and the actualization of Pancasila in lawmaking
law.

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2.4 Guidelines for the Actualization of Pancasila in the Formation of Pancasila

In order to regulate and enact laws, one must

in accordance with the values contained in Pancasila, there are
laws governing the formation of laws
the law, namely Law Number 12 of 2011 concerning
Formation of Legislation, which several
its provisions have been amended by Law Number 15 Years
2019. Techniques for the formation of laws are also regulated in the Regulations
President Number 87 of 2014 concerning Implementing Laws
Law Number 12 of 2011 concerning the Establishment of Regulations
Legislation, House of Representatives (DPR) Regulation No
1 of 2014 concerning Procedures for the DPR RI, and Ministerial Regulations
Law and Human Rights Number 20 of 2015 concerning Procedures
and Procedures for Harmonization, Rounding and Consolidation of Concepts
Bill.

According to the Law on the Establishment of Legislation,

there are at least five sections of the guidelines for placing values
Pancasila into the laws and regulations made
namely as follows:

1) Pancasila is the source of all sources of law

country. This is regulated in Article 2 of the Law
Number 12 of 2011. Elucidation of Article 2 confirms,
"Placing Pancasila as the source of all things"
the source of state law is in accordance with the preamble
The Constitution of the Republic of Indonesia Year
1945 the fourth paragraph, namely Belief in One Supreme God,
Just and civilized humanity, Unity
Indonesia, Democracy led by wisdom
discretion in Deliberation/Representation and

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Social justice for all the people of Indonesia.

Putting Pancasila as the basis and ideology
state and at the same time the philosophy of the state so that every
the content of the laws and regulations does not
may conflict with the values contained
in Pancasila".

2) Pancasila as a guide in the preparation of the manuscript

Academic. Preparation of Academic Manuscripts, as
Appendix I of Law Number 12 Year 2011, can
found nomenclature related to Pancasila, namely:
on the philosophical basis. Philosophical foundation itself
is a "consideration or reason that"
illustrates that the established regulations
taking into account the view of life, awareness and legal ideals
which include an atmosphere of mysticism and spirituality
the philosophy of the Indonesian nation that comes from Pancasila
and the Preamble to the Constitution of the Republic of Indonesia
Indonesia in 1945".

3) Harmonization, Rounding and Consolidation

Conception of Draft Law in Activities
Alignment of Draft Laws. Formulas
Pancasila values in alignment activities
the draft law is regulated in Article 51 paragraph (4)
number 1 Presidential Regulation Number 87 of 2014,
"harmonization, rounding and stabilization of conception"
The Draft Law is intended to: a.
Aligning the Draft Law with: 1.
Pancasila, the Constitution of the Republic of Indonesia
Indonesia Year 1945, and Other Laws”.

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4) Pancasila on the substance of the technique of drafting regulations

legislation in the activities of the bill alignment.
In this case, the formulation of the substance regarding Pancasila
can be found in the technical related provisions
preparation of laws and regulations. This matter
regulated in Article 64 paragraph (2) of Law Number 12
In 2011, “technical drafting of regulations”
laws and regulations are listed in Appendix II which
is an integral part of the law
Invite this."

5) Pancasila in the principles of material content of the law

law. Article 2 of Law Number 12 Year 2011
"Pancasila is the source of all things"
source of law". The explanation of this article only explains
Pancasila in general without specifying indicators or indicators
variable values contained therein that
be used as a guide in the formation of laws
law. In this regard, the juridical interpretation by
BPHN states that indicators and variables as
the elaboration of Pancasila values is contained in Article 6
paragraph (1) regarding the principles of regulatory content material
legislation.

It is known that the formulation governing the subject of Pancasila is

as a guide in the formation of laws and regulations
invitations about activities in each stage of formation
the law puts the values of Pancasila on the precepts
Pancasila itself.

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The following is a table of formulations related to Pancasila in

law formation.

Legal basis Provision Formulas

Appendix I, Chapter IV,
Part A is about
Philosophical Foundation
Academic Paper
"sourced from
Pancasila and
Preamble to the 1945
Constitution of the
Republic of Indonesia”.

"sourced from
Appendix II, Chapter I, Pancasila and
Part B 3, Point 19 on Opening

Elements Constitution
Constitution Philosophy of Consideration National principle
Number 12 Years
2011 Weigh Republic of Indonesia
1945”
“Aligning the Draft
Article 51 Law with: 1.
paragraph (4)
number 1 concerning Pancasila, the 1945
harmonizing, Constitution of the
concluding and consolidating Republic
conceptions
of Indonesia,
Bill and Other Laws”
Invite

“Aligning the Draft

Law with: 1.
Article 8
Presidential decree paragraph (3)
Pancasila, the 1945
Number 87 Years concerning
Constitution of the
2014 harmonizing,
Republic of Indonesia,
concluding and consolidating conceptions
and Other Laws”
Bill

"In harmony with

the state philosophy
Article 144 concerning of Pancasila and
DPR Regulation the conception and
Constitution
Number 1 of 2014 material of the draft
National principle
law
Republic of Indonesia
1945

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Legal basis Provision Formulas

Article 3, letter a.
number 1 concerning the
Harmonization of the
Conception of Draft Regulations
harmonize with: 1.
Pancasila, the 1945 Constitution
of the Republic of Indonesia,
and other laws and
regulations

Ministerial regulation Invitation legislation.

Law and Rights
Human Rights "relationship and"
Number 20 Years substance alignment
2015 Article 10 paragraph (3) letter a with Pancasila,
concerning the analysis of the Constitution
conception of the Draft National principle
Legislation. Republic of Indonesia
1945, and other laws
and regulations”

Based on the above, it can be understood that the formulation of Pancasila

as a source of law has two functions. First, as
philosophical foundations or elements in Academic Manuscripts and

considerations considering the law. Second, as a benchmark

or guidance in the alignment or adjustment of substance
in the draft law with recognized values
by the Indonesian nation contained in Pancasila. This means the actualization
of Pancasila values into law
guided and benchmarked against values
Pancasila itself, in addition to the articles in the 1945 Constitution of the Republic of Indonesia.

Then the indicators of Pancasila values were also formulated

as the benchmark used by BPHN is regulated in
Guidelines for Legal Analysis and Evaluation Number PHN-01.HN.01.03

In 2019, as shown in the following table.

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Please Outline Values

- Only recognizes the existence of religious followers (believe and fear God
Almighty) or adherents of faith, does not recognize atheists;

- There is a guarantee of respect for the interests of each religious person

Deity and believer;
The Almighty
One - There is a guarantee that there is no coercion on a religion or belief; -
Prioritizing the principles of truth, justice, kindness, honesty, brotherhood,
chastity, beauty (no value content that negates these principles was found).

There is recognition of equality, rights and obligations of fellow citizens (no

value content was found that negates equality, rights and obligations of fellow
citizens); - There is a guarantee for the promotion of human rights (no value
content was found that negates the promotion of human rights); - There is a
guarantee for the promotion of tolerance (no value content was found that
negates tolerance); - There is a guarantee of mutual advancement
Humanity

fair and civilized

respect and cooperation with other nations (no value content was found that
negates mutual respect and cooperation with other nations).

- There is a guarantee of placing the unity, integrity, safety of the nation and
the state above personal and group interests; - Contains values that develop
a sense of love for the homeland and nation (no values found that negate
love for the homeland and nation); - Contains the spirit to maintain world
Unity order based on freedom, eternal peace and social justice;
Indonesia

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Please Outline Values

- Contains the value of the unity of Indonesia and Bhineka
Tunggal Ika
Democracy - Contains a balance between rights and obligations; - Contains
led by wisdom values that prioritize deliberation in making decisions, for
matters relating to life together; - Contains values that require
kebi responsibility for decisions/results of deliberation;
prosecution
in
average/
representative - Contains values that require responsibility in carrying out
deliberation duties and positions.
- Contains values that promote joint efforts and the spirit of
mutual help; - Does not contain values that have implications
for legalizing activities that are extortionate against other
people; - Contains values that promote a balanced attitude,
social justice
(not excessive) towards the assets owned;

for all
Indonesia

- Does not contain values that can legalize the use of property
rights for things that are contrary to the public interest/common
interest

In addition to BPHN, BPIP develops indicators and value variables

Pancasila used in analysis, evaluation, testing, and
recommendations regarding the suitability of laws and regulations
with Pancasila values. This is stated in the Deputy Decree
Legal, Advocacy and Supervision of BPIP Regulation Number 1
Year 2020 on Technical Guidelines for Alignment, Assessment
Analysis and Recommendations at the Deputy for Law, Advocacy
and Regulatory Oversight, as of 21 February 2020, in the Appendix
III.as shown in this table.

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Please Outline Values

The laws and regulations that are formed must protect and respect
everyone to believe
give and fear God Almighty in accordance
or belief withmanner.
in a civilized religion

- Legislation guarantees that the Indonesian nation is a nation that

recognizes the existence of God Almighty; - Legislation guarantees that
every citizen can practice the teachings of his religion and belief; -
Legislation guarantees the freedom and respect for every believer and
believer to worship and carry out religious obligations and
Yang Divinity
Almighty

his beliefs; - Legislation

guarantees that everyone in carrying out religious orders and beliefs is
in harmony with the life of society, nation and state;

- Legislation guarantees respect for everyone to embrace their religion

and belief

The laws and regulations that are formed must provide recognition of
equality, equal rights and equal obligations between fellow human
beings.

- Legislation guarantees the independence, sovereignty, unity and

integrity of the nation as well as the equality of relations among the
nations of the world;

Just and civilized humanity - Legislation guarantees relations between nations by prioritizing
national interests;

- The laws and regulations uphold universal human rights while keeping
in mind the wisdom of the nation and maintaining relations between
nations that are equal, just and civilized;

- Legislation reflects the recognition and equality of human beings in

accordance with

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Please Outline Values

with their dignity as a creature of God Almighty; -
Legislation functions to develop mutual respect and
respect for differences in ethnicity, religion, belief, race
and between groups.

The laws and regulations that are formed must be able to

foster a sense of belonging to and love for the country,
and to be willing to protect the entire nation and the entire
homeland of Indonesia.

- Legislation guarantees national unity, territorial integrity

and unity of the Republic of Indonesia and develops
culture; - Laws and regulations strengthen the spirit of
nationalism that protects the entire nation and all of
Indonesia's bloodshed within the framework of the Unitary
Unity
State of the Republic of Indonesia; - Legislation
Indonesia guarantees that every citizen prioritizes the interests of
the nation and state above personal and group interests;

- Legislation serves to develop a sense of love for the

homeland and is willing to sacrifice for the interests of the
nation and state for every citizen; - Legislation is able to
foster the spirit of gotong royong, a sense of national
pride and Indonesian homeland.

The laws and regulations that are formed must be able to

encourage and give respect to the aspirations and
interests of the people in politics and continue to improve
Democracy led by the system and practice of democracy. - The laws and
wisdom regulations always take into account that the State of
Indonesia is not a country that was established for one
inner wisdom group but for all who are Indonesian based on the basis
of state administration in representative deliberations; -
deliberation/ Legislations pay attention to wisdom in deliberation
representation

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Please Outline Values

representation based on the values of divinity, humanity,
unity and social justice for all Indonesian people;

- Legislation guarantees that Indonesian democracy is

based on
deliberation capable of realizing social welfare; -
Legislation ensures that every citizen respects and
upholds every decision made based on deliberation/
consensus and implements the decision in good faith and
a sense of responsibility; - Legislation must ensure the
implementation of civilized and just political democracy.

The laws and regulations that are formed must be able to

encourage joint business development with the spirit of
helping.
- Legislation has the function of realizing justice and
prosperity for all Indonesian people both physically and
mentally; - Legislation guarantees protection for everyone
to respect the creative process, work and initiative
responsibly for the realization of people's welfare; -
Legislation guarantees the right of every citizen to obtain
education, health, employment asand
wellbusiness
as a decent
Legislation
opportunities
living; -
that is formed to foster economic independence
Social justice

for all
Indonesia

a just society and people's welfare; - Legislation

guarantees economic activities that are just, competitive,
environmentally friendly and maintain a balance of
progress and national economic unity.

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In the Law on the Establishment of Legislation, no

there are indicators or variables about the values of Pancasila that can be
serve as guidelines for drafting a law. If there is
indicators and variables related to the value of Pancasila, then
This is a guideline that BPHN and BPIP can use. It's just that this kind of
guide is only used to evaluate
laws that have existed for a long time, not ones that still exist
in the process of formation.

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CHAPTER III

CONCLUSION

3.1 Conclusion

Pancasila is the formulation and guideline of life

nation and state for all Indonesian people. Pancasila
as the source of all sources of law in Indonesia means
that the position of Pancasila is placed in the highest position in the
law in Indonesia, the position of Pancasila in this case makes
guidelines and directions for every Indonesian nation in compiling
and improve the legal condition in Indonesia. Pancasila in
its position is often referred to as the basis of philosophy or ideology
State In this sense, Pancasila serves as the basis for norms and values that
govern state government.

The actualization of Pancasila means applying moral values that

contained in the state constitution to be implemented to
various areas of life. The term "actualization of Pancasila" here
refers to the fact that Pancasila values do exist
or reflected in the law. In the Law Formation of Regulations

Legislation, there is nothing that can be a guideline for the preparation of a law.
If there are indicators and variables
related to the values of Pancasila, then this becomes a guideline
which can be used by BPHN and BPIP. Just a guide
this kind is only used to evaluate the law
laws that have existed for a long time, not those that are still in
formation process.

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3.2 Suggestions

In the preparation of this paper, the authors have tried

explain and explain the material to the fullest
possible, but it does not rule out the possibility of a mistake
in its preparation, both in terms of material, and
the arrangement. The authors realize that this paper is still
many flaws and far from perfect. For that, to
Mr. Lecturer Supervisor, the Compiler asks for his input for the sake of
improvement in the preparation of papers in the future, and
expect constructive criticism and suggestions from the
reader.

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BIBLIOGRAPHY

Journal

Nasution, BJ, & Febrian, F. (2020). Actualization of Pancasila As

Sources of Law in the Formation of Law
Invite. Law: Journal of Law, 3(2), 377-407.

Legal Regulations and Decisions

Republic of Indonesia. Constitution of the Republic of Indonesia

Indonesia in 1945.

Republic of Indonesia. Law Number 12 Year 2011

concerning the Establishment of Legislation.
Republic of Indonesia. Law Number 15 of 2019
concerning Amendments to Law Number 12 Years
2011 concerning the Establishment of Legislation.
Republic of Indonesia. Presidential Regulation Number 87 of 2014
concerning Implementing Regulations of Law Number 12
of 2011 concerning the Formation of Legislation.
Republic of Indonesia, Ministry of Law and Human Rights.
Ministerial Regulation Number 20 of 2015 concerning Procedures
and Harmonization, Rounding and Consolidation Procedures
Conception of Draft Legislation.
Republic of Indonesia, Deputy for Law, Advocacy and
Supervision of the Regulation of the Pancasila Ideology Development Agency.

Decree No. 1 of 2020 concerning Technical Guidelines

Alignment, Review Analysis and Recommendations in
Deputy for Legal Affairs

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Website
https://kbbi.web.id/aktualisasi
https://wawasankebangsaan.id/aktualisasi-pancasila-di-bagai
life-field
https://www.aw94net.com/2018/12/pancasila-as-source
law.

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