Implementing Pancasila Venues in Sthrengthening Constitutionalism in Indonesia
DOI:
https://doi.org/10.15294/ijpgc.v3i2.37751Keywords:
pancasila and global constutionalism, rule of jaw, democracy, indonesiaAbstract
This article examines the role and implementation of Pancasila as the philosophical and constitutional foundation of Indonesia in strengthening modern constitutionalism. Despite being recognized as the grundnorm of the Indonesian legal system, the practical application of Pancasila in constitutional practice often remains contested, especially in the context of global challenges such as democratization, digital transformation, governance transparency, and the protection of human rights. This paper aims to analyze (a) the philosophical relationship between Pancasila and constitutionalism, (b) the implementation of Pancasila in major constitutional practices—particularly in legislation, public policy, and decisions of the Constitutional Court, and (c) the challenges faced in maintaining constitutionalism consistent with Pancasila. Using a qualitative normative-juridical method, this study draws from constitutional texts, court decisions, and contemporary scholarship. The findings show that Pancasila contributes significantly to strengthening constitutionalism by promoting democracy, rule of law, and social justice. However, challenges persist in harmonizing political interests, ensuring judicial independence, and maintaining the integrity of public institutions. This paper concludes that strengthening constitutionalism in Indonesia requires continuous revitalization of Pancasila values within public institutions, legal interpretation, and civic education.
References
Asshiddiqie, Jimly. "Constitutional Law and the Pillars of Democracy." Jakarta: Konstitusi Press, 2012.
Mahfud MD. The Politics of Law in Indonesia. Jakarta: Rajawali Pers, 2010.
Kaelan. "Pancasila Education. Yogyakarta: Paradigma", 2017.
Lindsey, Tim, and Simon Butt. "Indonesian Law and the Legal System." Sydney: UNSW Press, 2018.
Constitutional Court of Indonesia. Decision No. 140/PUU-VII/2009.
Constitutional Court of Indonesia. Decision No. 91/PUU-XVIII/2020.
Republic of Indonesia. The 1945 Constitution of the Republic of Indonesia.
Republic of Indonesia. Law No. 12 of 2011 on the Lawmaking Process.
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