Legal Literacy - Pancasila, the foundation of the Indonesian state, plays a fundamental role in building legal literacy in the country. This article discusses the importance of legal literacy and how Pancasila serves as its foundation, including its application in legal education, the judicial system, and the formulation of legal policies.
Introduction
Pancasila as the foundation of the state and the nation's way of life plays a very fundamental role in building legal literacy in the country. Legal literacy is the ability to understand, access, and use information related to law effectively. Legal literacy is a very important aspect in realizing a just, democratic, and dignified rule of law. In the context of Indonesia, legal literacy cannot be separated from the noble values of Pancasila. Pancasila is the source of values, ethics, and morals that underlie the formation and enforcement of law in Indonesia.
The importance of Pancasila's role in legal literacy in Indonesia can be seen from several aspects, namely:
- Pancasila serves as the philosophical foundation for the Indonesian legal system;
- Pancasila emphasizes the importance of protecting and respecting human rights (HAM);
- The principle of the Unity of Indonesia serves as the foundation for creating laws that can unite the diverse Indonesian nation;
- The principle of Democracy Guided by the Wisdom of Deliberation/Representation serves as the foundation for the formation of democratic laws that involve public participation; and
- The principle of Social Justice for All Indonesian People emphasizes the importance of justice in the formation and enforcement of laws.
In an effort to build legal literacy in Indonesia, Pancasila serves as the moral, ethical, philosophical foundation, and basic principles that must be upheld. Legal literacy in Indonesia must always be guided by the noble values of Pancasila in order to align with the ideals of the Indonesian nation as a just and dignified state of law. Amidst the rapid flow of information and the influx of foreign cultural influences, the Indonesian people must remain steadfast in their national identity, which originates from Pancasila. In addition, the rapid development of information and communication technology also demands strong legal literacy.
Pancasila as the Foundation of the State
Pancasila is the foundation of the State of the Republic of Indonesia, which contains the noble values of the Indonesian nation. Pancasila consists of five principles, namely Belief in One Supreme God, Just and Civilized Humanity, the Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation/Representation, and Social Justice for All Indonesian People.
The Legal Basis of Pancasila as the Basis of the State, among others:
- The Preamble to the 1945 Constitution of the State of the Republic of Indonesia, in the fourth paragraph of the Preamble to the 1945 Constitution, states that "Furthermore, to form a Government of the State of Indonesia which protects all Indonesian people and the entire Indonesian territory and to advance public welfare, to educate the nation's life, and to participate in implementing world order based on independence, eternal peace and social justice, the Independence of the Indonesian Nation is formulated in a Constitution of the State of Indonesia, which is formed in a structure of the Sovereign Unitary State of the Republic of Indonesia based on Belief in One Supreme God, Just and Civilized Humanity, the Unity of Indonesia, and Democracy Guided by the Wisdom of Deliberation/Representation, and by realizing Social Justice for All Indonesian People."
- Decree of the Provisional People's Consultative Assembly No. XX/MPRS/1966, in the Decree of the Provisional People's Consultative Assembly No. XX/MPRS/1966, it is stated that "To stipulate: Pancasila as referred to in the Charter of Appreciation and Practice of Pancasila (Decree of the Provisional People's Consultative Assembly No. XIX/MPRS/1965) is the source of all sources of law in Indonesia."
- MPR Decree No. III/MPR/2000, in MPR Decree No. III/MPR/2000 concerning Sources of Law and Hierarchy of Legislation, states that "The basic source of national law is Pancasila as written in the Preamble to the 1945 Constitution of the Republic of Indonesia, namely Belief in One Supreme God, Just and Civilized Humanity, the Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation/Representation, and Social Justice for All Indonesian People."
- The 1945 Constitution of the Republic of Indonesia, in Article 36A of the 1945 Constitution, it is stated that "The symbol of the state is Garuda Pancasila with the motto Bhinneka Tunggal Ika." This shows that Pancasila is the basis of the Indonesian state.
As the basis of the state, Pancasila has a very fundamental position in the life of the nation and state in Indonesia. Pancasila is the philosophical foundation, the ideal foundation, the normative foundation, the constitutional foundation, and the view of life of the Indonesian nation. All aspects of state life, both in the political, legal, economic, socio-cultural, and defense and security fields, must be sourced and guided by the values of Pancasila. All laws and regulations, both at the central and regional levels, must be sourced and not conflict with the values of Pancasila.
In the field of law, Pancasila is the source of all sources of law in Indonesia. The formation and enforcement of law in Indonesia must always be based on Pancasila in order to be in accordance with the ideals of the Indonesian nation. Pancasila has a very important position as the basis of the Indonesian state. This is based on a clear legal basis, both in the Preamble to the 1945 Constitution, MPR Decrees, and in the 1945 Constitution itself. Pancasila is the main foundation in all aspects of state life, including in the field of law in Indonesia.
Legal Literacy
Legal literacy (legal literacy) can be defined as the ability to understand, access, and use information related to law effectively. Legal literacy is an important aspect in realizing a just and democratic rule of law, as well as guaranteeing the protection and fulfillment of citizens' rights. Legal literacy is the ability to understand, access, analyze, and use legal information effectively to solve legal problems, uphold justice, and participate in the formation and enforcement of just and dignified laws in accordance with Pancasila values.
Legal literacy includes several abilities, including:
- Understanding basic legal concepts, such as laws and regulations, the rights and obligations of citizens, the judicial process, and law enforcement agencies;
- Accessing and obtaining information related to law from various sources, such as laws and regulations, court decisions, and other sources of information;
- Analyzing and interpreting legal information critically and objectively;
- Using legal information to understand and solve legal problems faced in daily life; and
- Participating in the process of forming and enforcing laws by providing constructive input and criticism.
The importance of legal literacy in Indonesia is based on several legal foundations, including:
The 1945 Constitution of the Republic of Indonesia;
Article 28C paragraph (1) of the 1945 Constitution states that everyone has the right to develop themselves through the fulfillment of their basic needs, has the right to education and to obtain benefits from science and technology, arts and culture, in order to improve their quality of life and for the welfare of mankind. This article is the constitutional basis for every citizen to obtain education, including education related to legal literacy. Law Number 16 of 2011 concerning Legal Aid;
Law (Undang-Undang/UU) Number 16 of 2011 concerning Legal Aid
Article 2 of the Legal Aid Law states that Legal Aid is carried out based on the principles of:
- justice;
- non-discrimination;
- transparency;
- efficiency;
- effectiveness; and
- accountability.
One of the objectives of legal aid is to increase public awareness and understanding of the law, which is part of legal literacy efforts.
Presidential Regulation Number 25 of 2022 concerning the One Data Indonesia Policy;
In Presidential Regulation 25/2022, it is stated that one of the objectives of the One Data Indonesia Policy is to increase data literacy for all stakeholders. Although the main focus is on data literacy, legal literacy is also an important part of efforts to improve data literacy, especially related to laws and regulations in the field of data and information.
Thus, legal literacy has a strong legal basis in the laws and regulations in Indonesia. The government and all stakeholders have an obligation to improve legal literacy in society in order to realize a just, democratic and dignified rule of law.
Application of Pancasila in Legal Education
The application of Pancasila values in legal education can be done in various ways, including:
- Integrating Pancasila values into the curriculum and legal learning materials;
- Practicing Pancasila values in the teaching and learning process, such as deliberation, respecting differences of opinion, and upholding justice; and
- Organizing activities that encourage people to implement Pancasila values in everyday life.
By implementing Pancasila in legal education, it is hoped that individuals with integrity, morality, and a commitment to realizing social justice for all Indonesian people will be formed. Legal education based on Pancasila will produce a generation of legal professionals capable of maintaining national unity, respecting diversity, and upholding the rule of law with wisdom and justice.
Pancasila in the Indonesian Judicial System
Pancasila as the state ideology and the Indonesian nation's outlook serves as the primary foundation in the implementation of the judicial system in Indonesia. The noble values contained in Pancasila must inspire the entire judicial process, from the formation of procedural law, the conduct of trials, to the pronouncement of verdicts. This has a strong legal basis in Indonesian laws and regulations.
The Role of Pancasila in the Formulation of Legal Policies
The Legal Basis of Pancasila in the Indonesian Judicial System, among others:
The Preamble to the 1945 Constitution of the Republic of Indonesia;
In the fourth paragraph of the Preamble to the 1945 Constitution, it is stated that "Furthermore, to form a Government of the State of Indonesia which protects all the Indonesian people and the entire Indonesian territory and to advance public welfare, to educate the nation's life, and to participate in implementing world order based on independence, eternal peace and social justice, therefore the Independence of the Indonesian Nation is formulated in a Constitution of the State of Indonesia, which is formed in a structure of the Republic of Indonesia which is sovereign based on the belief in the One and Only God, just and civilized Humanity, the Unity of Indonesia, and Democracy guided by the wisdom of deliberations/representation, and by realizing Social Justice for all Indonesian People."
The 1945 Constitution of the Republic of Indonesia;
In Article 24 paragraph (1) of the 1945 Constitution, it is stated that "Judicial power is independent power to administer justice in order to uphold law and justice."
Law Number 48 of 2009 concerning Judicial Power;
In Article 2 paragraph (2) of the Law on Judicial Power, it is stated that "The state court applies and enforces law and justice based on Pancasila."
Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia;
In Article 2 paragraph (1) of the Law on the Prosecutor's Office, it is stated that "The Prosecutor's Office of the Republic of Indonesia is a government institution that exercises state power in the field of prosecution and other authorities based on laws underpinned by the principles of Pancasila."
Law Number 18 of 2003 concerning Advocates;
In Article 2 of the Law on Advocates, it is stated that "An advocate is a person who is professionally engaged in providing legal services, both inside and outside the court, who meets the requirements based on the provisions of this Law," which means that advocates must also carry out their profession based on Pancasila as the foundation of the state.
Based on these legal foundations, Pancasila serves as the primary basis for the implementation of the judicial system in Indonesia. The values of Divinity, Humanity, Unity, Democracy, and Social Justice must be reflected in every judicial process, from the formation of procedural law and the conduct of trials to the pronouncement of verdicts. By fully implementing Pancasila in the judicial system, it is hoped that a just and dignified judiciary will be realized, in accordance with the ideals of the Indonesian nation as a state of law with social justice for all Indonesian people.
Conclusion
Pancasila plays a fundamental role in building legal literacy in Indonesia. The noble values of Pancasila serve as the philosophical, ethical, moral, and fundamental principles for the legal system and legal literacy in the country. The precepts in Pancasila, such as Belief in One Supreme God, Just and Civilized Humanity, the Unity of Indonesia, Democracy Guided by the Inner Wisdom in Deliberation/Representation, and Social Justice for All Indonesian People, serve as guidelines in realizing a just and dignified state of law, in accordance with the ideals of the nation.
Pancasila serves as a source of values and ethical foundation in the formation and enforcement of law, a foundation for the protection of human rights, a foundation for the creation of law that unites diversity, a basis for the formation of democratic law that involves public participation, and a foundation for the realization of social justice in law enforcement. The application of Pancasila in legal education, the judicial system, and the formation of legal policies is key to ensuring that legal literacy in Indonesia is truly based on the nation's noble values. Thus, legal literacy will be able to realize a just and dignified state of law, in accordance with the ideals of the Indonesian nation.
References
- The 1945 Constitution of the Republic of Indonesia.
- Decree of the MPR No. III/MPR/2000 concerning Sources of Law and Hierarchy of Legislation.
- Law Number 48 of 2009 concerning Judicial Power.
- Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia.
- Law Number 18 of 2003 concerning Advocates.
- Book "Pancasila dalam Tertib Hukum Indonesia" by Moh. Mahfud MD (2022).
- Journal "Peran Pancasila dalam Pembangunan Hukum di Indonesia" by Yance Arizona (2021) in Jurnal Hukum UNNES.
- Journal "Implementasi Nilai-Nilai Pancasila dalam Pendidikan Hukum di Indonesia" by Asri Agustiwi and Wiwik Sri Widiarty (2020) in Jurnal Civics.
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