Pendidikan Pancasila Kaelan Pdf Jogjakarta
“ Panc as i l a” (F i ve Bas i c P ri ncipl e s of the Re publi c o f I ndone s i a) Educati on s ubje c t, whi c h was b e fore Refo r mat i on e ra (1998) known wi de ly by I ndone s i an co mm uni ty, n owadays has underg one mar gin ali zati on proc e s s i n s oc i al, nat i onal, and s t ate l i vi ng. I t i s due t o, o ne of th e factors, t hat “ Panc as i l a” Edu c ati on s ubjec t has be e n m ade as i ndoc tr i nat i on me ans and aut hori ty poli t i c al n e e ds i n pe rf orm i ng de ve l opme nt i n t he N e w Or de r gov e r nment e ra (1966- 199 8). A lt houg h “ Pa nc as i la” Educa ti on s ubje c t has not be e n e xi t i n e duc ati onal curr i c ul um i n I ndon e s i a s i nce 2003, but now i t i s reali ze d th e ne e d of de ve l opi ng awar e nes s about “ Pancas i l a” l ofty valu e s towar d co l l e g e s t ude nt s as th e c andi date o f ne xt nat i onal l e ade r. Or A ct ) N o.2 0 / 2 0 0 3, e s pe ciall y A rti cle 37 subsection 1 states that primary and secondary educational curriculum has to conta i n the s ubje ct of: (1) Reli g i on E duca ti on; (2) C i vi c E duca ti on; (3) L ang uag e; (4) M at h; (5) Scienc e; (6) Social Scienc e s; (7 ) A rt and C ul ture; (8) Sport and P hys i ca l E duc at i on; (9 ) Voca tional/ Skil l; da n (1 0 ) L oca l M a tte r C onte nt. F urthe rmore, the A ct i n arti cle 37 s ubs e ctio n 2 sta te s tha t hi g he r educ ation curri culum should conta i n.
The r e fo re, in re a liz in g it s g o a l t h r o u g h n a t io n a l d e v e lo p m e n t to r e ali ze the who l e pe opl e ’s g oal, the s tate shoul d refe r to the b as i s of “ mono- pluralis” human essence. Bas e d on th e l e tte r from D i re ctor-G e ne ral of H i g he r E duc at i on, M i ni s try of N at i ona l E duc at i on N o.0 6 / D / T / 2 0 1 0 d at e d 5 J an ua ry 2 0 1 0, ad re s s e d to Sta te and P ri va te U ni ve rsity/ I ns ti tute R e ctors, the H e ad of Sta te and P ri va te H i g he r E duca ti on, State and P ri va te Po lytec hni c/ A ca de m y D i re ctor, and the H e ad of K OPERTI S (.
1 The Law Enforcement Reform Based on Pancasila Values: A Critical Review Marthinus Mambaya Faculty of Law, Cenderawasih University Jl. Wolker, Waena, Jayapura, 99358, Papua, Indonesia Tel./Fax.: Abstract: The influence of colonial law is individual-liberal tempered as well as the globalization is capitalist-liberal tempered became a serious threat to the development of Indonesian law, because it raises the alienation syndrome of State laws from the values of life and upheld in a society that is Pancasila values, therefore the law reform of Indonesia became a necessity to do. This paper focuses on the reform in the field of typical law enforcement in Indonesia, where Pancasila as the ideological basis, in the logic of Stufenbau be the main touchstone which provides ontological, normative and operational frameworks for structuring better law enforcement and typical Indonesian. The principle of Almighty God becomes ontological framework for Indonesian people. Therefore, its existence is inter-related to the Almighty God as the source of value, truth and meaning. Just and civilized humanity is recognized as a ontological base and became the normative framework in order to enforce the law in a fair, civilized and humane, not oppressive character.
It is operationalized within the framework of unity, not cause divisions, because all equal in the law as realized by acting wisdom and culminating in social justice for all citizens, social justice in favor of the weak. Keywords: Law Enforcement; Law Reform; Pancasila INTRODUCTION Elaborate the law reform of Indonesia, interesting to observe an argument by Daniel Lev, 1 which states that new states inherited a lot thing 1 Daniel S. Hukum Kolonial dan Asal-usul Pembentukan Negara Indonesia, Dalam Hukum dan Politik di Indonesia- Kesinambungan dan Perubahan, Jakarta: LP3ES, Page. 438 from its predecessor in the colonial era, due to various revolutions that coincided with the total destruction, which is rare in developed countries, cannot wipe out the traces of the past. It is inevitable that Indonesia that was once colonized by the Dutch, until now explicitly or tacit; conscious or not they still inherit the remnants of the colonial 27 2 legal order both structure and its content which individual-liberal tempered.
In a view of Satjipto Rahardjo, 2 has given rise to what is called as alienation syndrome, a situation where occurs alienation of State s laws from the values of life and upheld in the peoples, so when the law is applied will experience an obstacle. This nation was not finished cleaning the influence of colonial legal order in establishing a national legal order that is typical of Indonesia, Indonesian legal development is now also facing the challenges of globalization that dominated by the understanding of capitalism and liberalism which is vulnerable to negative impact on the establishment and law enforcement in Indonesia. The issue of globalization is a major problem faced by Indonesia.
In this relation, Rahardjo argued that: 3 Until now, the pattern of law development is referred to as ordering or arrangement to fulfill law ideals in the constitution. Recently, in the context of the globalization development, need 2 Satipto Rahardjo, (2010), Pembangunan Hukum di Indonesia dalam Konteks Global, as cited in Khudzaifah Dimiyati, Teorisasi Hukum Studi Tentang Perkembangan Pemikiran Hukum di Indonesia, Yogyakarta: Genta Publsihing, Page Ibid. To conduct a review of the strategy that is seeing into it, even if it does not mean release orientation to the law ideals of constitution. The world is also experiencing global economic reconstruction that resulting nation s law in the world experiences internationalization as part of the process.
The influence of colonial law that individual-liberal tempered as well as the impact of globalization that capitalism-liberal tempered became a serious threat to the development of Indonesian law, and became a concerns of legal thinkers in Indonesia, as expressed by Satjipto Rahardjo above. Hence, the law reform of Indonesia is a must, as written by Satjipto Rahardjo as follows: 4 Development of our national law is the development of national law which is fundamental, because it wants to unpack until the root of old legal order values to be replaced with new ones.
Thus, development of national law is not merely in the form of a legal reform, but rather related to the implementation of various concepts, insights, new ideology into the new legal system. Facing two fundamental problems relating to law reform of Indonesia, as noted above, this paper is 4 Ibid, Page 3 focused on the reform in the field of law enforcement that is typical Indonesia, namely the law enforcement based on Pancasila values. METHOD This research is categorized into normative-juridical research and oriented to the norms and values that underlie the workings of law in Indonesia. Data sources in the form of primary, secondary and tertiary legal materials are obtained through literature searches both the legislation, expert opinions are documented in the book and the results of research, journals, and Internet media. Overall legal materials gathered are then inventoried and processed and analyzed qualitatively according to the object of study were studied in order to obtain a description of the typical Indonesian law enforcement. DISCUSSIONS The Law Enforcement Reform based on Pancasila Values in the Framework of National Legal System After Indonesian s independence since 17 August 1945, issue of law reforms of Indonesia has received serious attention nationally.
It can be seen with the implementation of national legal seminars that first held since 1963 in Jakarta and continue to the National Law Convention 2008 in Jakarta, which carries the theme of the 1945 Constitution as the constitutional foundation of Grand Design Systems and Political National Law. The convention has concluded one of important points as well as confirming The 1945 Constitution as the most fundamental law source, the supreme law containing the values, principles and norms that must be obeyed, respected, implemented in decision-making and/or legal policy, either by the government, legislative, and judicial bodies, as well as people in general. Therefore, in the national legal system to be built and its implementation in the form of national legal political, must be maintained and preserved the spirit and the fundamental values embodied in the basic philosophy of Pancasila state contained in the Preamble of the 1945 Constitution and the entire torso as a philosophy foundation and state s constitutional.
Pendidikan Pancasila Pdf
The description is to underline that within the framework of Develop- 29 4 ment of National Law/Legal System, the founding father of this nation has laid the solid ideological basis as a base of departure about what it should be conducted in a legal reform in Indonesia and about what should it be based on Pancasila as a noble value system of Indonesia nation. Acceptance of Pancasila values as the noble value system of Indonesia is ultimate and definitive, if placed in the context of law enforcement reform, then all efforts to establish the rule of law in Indonesia, as far as possible leave the system of colonial law and further establish enforcement systems in accordance with Pancasila values, especially the value of Almighty God and a just and civilized humanity. The assertion about the position of Pancasila as the basis of Indonesian law enforcement reform was evident in Act No. 48 of 2009 regarding Judicial Power, Article 1 point 1 which asserts that Judicial power is the power of the State is free to carry out judiciary to enforce law and justice based on Pancasila and the 1945 Constitution of the Republic of Indonesia, for the implementation of the State Law of the Republic of Indonesia. Furthermore, in Article 2 (2) states that: State justice implements and enforce law and justice based on Pancasila.
Since the National Seminar I and National Law Seminars hereinafter, reveal the position of Pancasila within the framework of the national legal systems, among others: 1. National Law Seminar I in 1963, the Principles of Indonesian Law and the National Legal Forms; the principal foundation of Indonesian law is Pancasila. National Law Seminar III in 1974, the basis of National Law Development is Pancasila, the 1945 Constitution and the Outline of State Policy. National Law Seminar IV in 1979, mentioned reflection of Pancasila values, namely (a) Pancasila containing core values of Indonesian is a basic rule of Indonesian law, guidelines and directions of its development with an open system and touchstone of the appropriateness and legislation; (b) in preparing legislation, the legislators need to pinpoint the values of Pancasila, which underlies the provisions of the constitution.
Thus, the legal regulations is the implementation of constitution should not contain things that are contrary to the Pancasila; and (c) reflecting the values of Pancasila in the constitution is the essence of the establishment of the national legal system. National Law Seminar V in 1990, there are important points that law of a nation is Centrist 30 5 Nation therefore reasonable if the Indonesian nation teaches Pancasila Legal System to describe its characteristics, it is necessary to develop the idea of the dispension of justice are better suited to the Pancasila legal system and the development of the Pancasila legal system is based on the moral supremacy. In addition, various laws and regulations relating to law enforcement, explicitly and clearly stated that law enforcement in Indonesia is law enforcement based on the values of Pancasila, among other stated in: 1. 48 of 2009 on Judicial Power, article 1 paragraph (1) that the judicial power is the power of the State is independent to organize judicial in order to uphold law and justice based on Pancasila and the 1945 Constitution of the Republic of Indonesia, for the implementation of the Legal State of the Republic of Indonesia, then in Article 2 paragraph (1) states that justice is done for justice based on God, and Article 2 paragraph (2) that the court implement and enforce law and justice based on Pancasila. 16 of 2004 on Prosecution, Article 8 paragraph (3) states: For justice and truth based on Almighty God, the prosecutors to prosecute with confidence based on valid evidence. 8 of 1981 on the Criminal Procedure Code, Article 197 paragraph (1) stated that, the decision of court that written reads: For justice based on Almighty God.
Law Enforcement Reform Based on Pancasila Values in Indonesian Law Expert s View Various legal experts in Indonesia was still maintaining that development (Indonesia law reform), should be Pancasila-characterized, which in various terms used, for example Satjipto Rahardjo 5 use the term Pancasila law to accommodate a wide range of characteristics value to be contained by the Indonesian legal system that kinship, fatherly, harmony balance and deliberation. Likewise, Arief B. Sidharta, 6 called the Pancasila law as the law spirited by Pancasila which based on the principle of harmony and merit, which aims to protect.
A similar opinion argued by Muladi, 7 and invites all components of the nation to make Pancasila as 5 Satjipto Rahardjo. (2003) Sisi-sisi Lain dari Hukum di Indonesia. Jakarta: Penerbit Buku Kompas, Page B. Arief Sidharta.
Filsafat Hukum Pancasila, (Paper). Presented on National Seminar regarding Dies Natalis of Pancasila University, Jakarta, Pages Muladi. Pancasila Sebagai Dasar Pengembangan Ilmu Hukum Indonesia. Presented on National Seminar regarding Dies Natalis of Pancasila University, Jakarta, Page 6 Margin of Appreciation in the development of Indonesian law science. Meanwhile, according to Mahfud MD, the development of law in Indonesia should still make Pancasila as the paradigm, regardless of whether the law on political determinant or otherwise subordinated to politics.
8 Barda Nawawi Arief, 9 suggests that if nation life order aspired by Indonesia is the order based on Pancasila, the Indonesian Legal Science is the study of the nation life order based on Pancasila. This means establishing a national legal system and essentially build concepts order oriented on Pancasila values /paradigms, namely the paradigm of God (moral-religious), the paradigm of humanity, the paradigm of nationality (union/public interest), the paradigm of populist/democratic, and the paradigm of social justice. Also, can be said briefly that the national legal science (Pancasila Legal Science) is the science 8 Mahfud MD, (2006).
Membangun Politik Hukum, Menegakkan Konstitusi. Jakarta: Pustaka LP3ES, Page 17 9 Barda Nawawi Arief, Pembangunan Sistem Hukum Nasional Indonesia, Padang, 16 Mei 2009, pg. 8, accessed from: 4/38/ oriented on three pillars/value of Pancasila balance, namely: God values-oriented (moral religious), oriented to the values of humanity; and to the values of community (nationalistic, democratic, social justice). According to Bismar Siregar that the laws in our country are based on Pancasila, 10 and in the first mention the spirit of Almighty God that became the basis of the State and as the basis of law and justice. Its consequence that law must be obeyed by any person as Indonesian citizen and at the same time Indonesia is a law that the spirit of Almighty God. This view is in line with proposed by Hazarin, 11 law and law science are applicable and enforced in this country should be one soul and the breath of Almighty God.
The essence of law based on Pancasila and spirited by Almighty 10 Talking about the law based on Pancasila, interesting to note the opinion of W. Poespoprodjo (2007) that states: When pursued to the ends of thinking, then the national law should be the Pancasila law.
This means that national laws should as far as possible completing Pancasila see Antonius Sudirman, Hati Nurani Hakim dan Putusannya Suatu Pendekatan dari Perspektif Ilmu Hukum Perilaku (Behavioral Jurisprudence) Kasus Hakim Bismar Siregar. Bandung: Citra Aditya Bakti, Page Bismar Siregar.(1989). Bunga Rampai Karangan Terbesar Bismar Siregar.Jakarta: Rajawali, Page 7 God is the law that reflects the nature of Merciful God, not legal oppressorscharacterized. However, if the law is not in accordance with the nature of God, not the law and the law must be out of circulation. The concrete form of any product that is statutory must correspond to the sense of justice in society or in accordance with the reality of a society; not otherwise ignore the demands for social justice and protecting the interests of certain groups. Law according to the spirit of Almighty God, not only in terms of legal materials, but also concerns the application and implementation of the law. 12 For example, in the case investigators investigative or a judge in a criminal case.
Investigators and judges should be able to demonstrate the love, affection, and unfortunately the suspect/defendant. From various the National Law Seminar and Indonesian law expert opinion, as stated above, it seems clear that the development of the National Legal System including law enforcement and justice in Indonesia is based 12 Harifin Tumpa. Penerapan Konsep Rechtsvinding dan Rechtsschepping oleh Hakim dalam Memutus Suatu Perkara.Hasanuddin Law Review, 1(2), doi: and relies on the values of Pancasila. According to Poespowardojo, 13 the values of Pancasila is the nation s agreement as the basis for the State, 14 the nation s philosophy of life, the moral ideals of the nation and State ideology.
15 Pancasila as Ideological Basis of Law Enforcement Speaking law enforcement reform, it cannot be separated from the law enforcement system that exist 13 M. Soerjanto Poespowardojo, Menangkap Aspirasi Pancasila Dalam Rangka Pengembangan Ilmu Hukum di Indonesia (Suatu Penjelajahan Epistemologis).