Weltanschauung of the Indonesian Law: A Study on the Development of the Weltanschauung in the Indonesian Law (1945-2000)

Abstract

Objective: This article aimed to understand the factors of the development of the Indonesian legal weltanschauung as an effort to understand the potential of conflict that may happen post-Reformation in Indonesia.
 
 Theoretical framework: The theoretical material in this article are state documents and legal regulations that support the rise and fall of the power regimes in Indonesia through the methodological weltanschauung in the study on the legal fundamentals and the state basis that has uncovered the conflicts that have so far been hidden and unresolved between the weltanschauung of the customary, Islamic, and colonial laws. This worldview conflict actually forms modern Indonesian law since its independence.
 
 Results and conclusion: The weltanschauung of the Indonesian law was agreed upon on June 22nd, 1945 named Pancasila is contained in Paragraph IV of the Preamble of the 1945 Constitution or what is called Jakarta Charter. But in its development, there have been changes to its substance and official interpretations. These changes were simultaneous with various riots, rebellions, and violations of human rights under the ideological motive. But in the Reformation Era, its official interpretation tended to be based on legal pluralism.
 
 Originality/value: Pancasila is deemed as an absolute and permanent thing, although historical facts show otherwise. Pancasila that was created on June 22nd, 1945 was changed on August 18th, 1945 by eradicating some words in its first principle. It also changed on October 29th, 1949 and August 15th, 1950 when its sentences were simplified. Towards the end of Soekarno’s reign, specifically in 1964, the word “Guided Democracy” was added after social justice in the fifth principle. Pancasila was then formalized by the New Order with the August 18th, 1945 format.