Threats to the Ideology of Pancasila In the Reform Era: Praxis Case of Regional Development Policy

Gunawan, Budi; Ratmono, Barito Mulyo

doi:10.18196/jgp.2018.0057.56-82

Cited by 4 publications

(3 citation statements)

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“…The reform era is a moment where the State of Indonesia can simplify everything that feels wrong during the new order period. 14 Because in this new order era is very clear that the principle of check and balance is not visible at all. Therefore, in this era of reform is expected what is expected by our founding fathers can be run as much as possible.…”

Section: Resultsmentioning

confidence: 99%

The Influence of TAP MPR's Position on The Hierarchy System of Indonesian Laws and Regulations

Gustama

Al-Fatih

Sarita

2022

Ilrej

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This study aims to analyze the influence of TAP MPR in Indonesia. Placement of MPR Provisions in Law No. 12 of 2011 on the hierarchy of Legislation in Indonesia becomes one of the problematics that needs to be discussed, on the grounds of the position of MPR provisions that are under exactly the Constitution of 1945. This is based on the position of the MPR Decree itself which will automatically become a reference to the rules under it, in accordance with the theory of stairs put forward by Hans Kelsen. Although from the point of view of the position of MPR determination is still understandable if Hans Nawiasky theory is used as the basis. But in terms of testing itself of course this will raise a big question mark for all of us because in the Constitution of 1945 institutions or institutions that have the right to conduct a test of the Law is the Constitutional Court and the Supreme Court, but within its own scope the Provision of MPR is outside the juridical territory of the two Institutions themselves. Therefore, there needs to be a solution if at any time the MPR Decree is not in accordance with the basis of the 1945 Constitution so that there will be no defects in one of the legal sources of the State of Indonesia. Abstrak Kajian ini bertujuan untuk menganalisis pengaruh TAP MPR di Indonesia. Penempatan Ketentuan MPR dalam Undang-Undang Nomor 12 Tahun 2011 tentang Hierarki Peraturan Perundang-undangan di Indonesia menjadi salah satu problematika yang perlu dibahas, dengan alasan kedudukan ketetapan MPR yang berada di bawah UUD 1945. Hal ini berdasarkan posisi Ketetapan MPR sendiri yang secara otomatis akan menjadi acuan aturan di bawahnya, sesuai dengan teori tangga yang dikemukakan oleh Hans Kelsen. Meski dari sudut pandang posisi penentuan MPR masih bisa dimaklumi jika teori Hans Nawiasky dijadikan dasar. Namun dalam hal pengujian sendiri tentunya hal ini akan menimbulkan tanda tanya besar bagi kita semua karena dalam UUD 1945 lembaga atau lembaga yang berhak melakukan uji materi UU adalah Mahkamah Konstitusi dan Mahkamah Agung, namun dalam lingkupnya sendiri Ketentuan MPR berada di luar wilayah yuridis kedua Lembaga itu sendiri. Oleh karena itu, perlu ada solusi jika sewaktu-waktu Ketetapan MPR tidak sesuai dengan dasar UUD 1945 sehingga tidak akan terjadi cacat pada salah satu sumber hukum Negara Indonesia.

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Section: Resultsmentioning

confidence: 99%

The Influence of TAP MPR's Position on The Hierarchy System of Indonesian Laws and Regulations

Gustama

Al-Fatih

Sarita

2022

Ilrej

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“…12 of 2011 on the Establishment of Legislation: "Pancasila is the source of all sources of state law". The legal norm explicitly states that Pancasila is the basis of the state including the government and state regulations [7] (Fig. 1).…”

Section: The Meaning Of Pancasila As the Basis Of The Statementioning

confidence: 99%

Revolutionizing Pancasila as the ideology of Indonesians

Muqsith

Muzykant

Tayibnapis

et al. 2022

Vestnik Rossijskogo universiteta druzhby narodov. Serija Sociol

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This article examines whether Pancasila as the sole principle and ideology and state philosophy is reflected in the Indonesian society. Understanding and appreciation of the values of Pancasila ideology are often considered only as a jargon, i.e., in the verbal perspective. Its implementation is neglected due to lack of insight and knowledge about Pancasila and not knowing its basic principles. Pancasila, which consists of five precepts, includes a series of attitudes and knowledge as well as hopes from the struggle of the Indonesian people to gain independence, and is regulated in the Pancasila state. The first precept is about God the Almighty ( Ketuhanan yang Maha Esa ); the second precept is about just and civilized humanity ( Kemanusiaan yang adil dan beradab ); the third precept claims the ‘unity of Indonesia’ ( Persatuan Indonesia ); the fourth precept claims democracy led by wisdom in the representative deliberation; the fifth precept claims social justice for all Indonesian people ( Keadilan sosial bagi seluruh rakyat Indonesia ). Pancasila is the source of all laws in the Constitution of the Republic of Indonesia, which constitutes it as a sovereign and prosperous country supporting the wealth of its people, the divinity in the One and Only, freedom of religion, respect for diversity and pluralism, and building a democratic state. Social problems that often occur in every society usually start from breaking the law, dangers of the extremism doctrine, and criminal acts of corruption that can damage the grassroots of Pancasila. Therefore, to defend the country and strengthen the basic precepts of Pancasila, it is necessary to understand and deepen the practice of Pancasila in the ideology of nationalism and democracy.

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“…The development activities that are being carried out and the increasing number of the population which is getting bigger will inevitably result in pressure on natural resources. The use of natural resources to improve the welfare and quality of life of the people must be accompanied by efforts to preserve the capacity of the environment in a harmonious and balanced manner in order to support sustainable development and be carried out with an integrated and comprehensive policy that takes into account the needs of present and future generations (Gunawan & Ratmono, 2018). Therefore, development to improve the welfare and quality of life of the people, both present and future generations, is environmentally sound development.…”

Section: Environmentally Friendly Developmentmentioning

confidence: 99%

Environmental Protection in Pancasila Perspective

Indrastuti¹,

Prasetyo²

2020

ANP-JSSH

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Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

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Threats to the Ideology of Pancasila In the Reform Era: Praxis Case of Regional Development Policy

Cited by 4 publications

References 0 publications

The Influence of TAP MPR's Position on The Hierarchy System of Indonesian Laws and Regulations

The Influence of TAP MPR's Position on The Hierarchy System of Indonesian Laws and Regulations

Revolutionizing Pancasila as the ideology of Indonesians

Environmental Protection in Pancasila Perspective

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