Pancasila and the Principle of Legal Certainty in the Indonesian Legal

Abstract

The Indonesian state of law based on Pancasila (Rechtsstaat Pancasila) places legal certainty as a fundamental principle to ensure stability, justice, and legal utility. However, a significant problem arises regarding how these ideological values are integrated into formal legal structures without losing their substantive essence, especially in facing the challenges of regulatory inconsistencies. This paper aims to analyze how Pancasila, as the highest source of law (Staatsfundamentalnorm), integrates the principle of legal certainty and distinguishes the Indonesian legal state from the positivistic Western rule of law through its focus on nomocracy and democracy. The methodology used is normative juridical in nature, utilizing conceptual and statute approaches by analyzing the 1945 Constitution, particularly Article 28D paragraph (1), and related legislative hierarchies. The results indicate that legal certainty in Pancasila is realized substantively through legality, consistency of the regulatory hierarchy, and the protection of human dignity, as evidenced by landmark Constitutional Court decisions like Decision Number 91/PUU-XVIII/2020. This research contributes to a concrete understanding of the second and fourth precepts as the basis for legal formation, implementation, and enforcement. The study concludes that while integration exists, structural challenges such as the inconsistency of regional regulations remain a hurdle. Therefore, this paper recommends strategic steps, including the harmonization of regulations, the digitalization of the National JDIH, and strengthening constitutional supervision to realize a sustainable and just state of law.