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, the MPR Decree, 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) 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 Pancasila participates in the formation and enforcement of just and dignified laws in accordance with Pancasila values.

Legal literacy includes several abilities, including:

  1. Understanding basic legal concepts, such as laws and regulations, the rights and obligations of citizens, the judicial process, and law enforcement agencies;
  2. Accessing and obtaining information related to law from various sources, such as laws and regulations, court decisions, and other sources of information;
  3. Analyzing and interpreting legal information critically and objectively;
  4. Using legal information to understand and solve legal problems faced in everyday life; and
  5. 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 bases, including:

The 1945 Constitution of the Republic of Indonesia;

In Article 28C paragraph (1) of the 1945 Constitution, it is stated 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, art 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;

In Article 2 of the Legal Aid Law, it is stated that Legal Aid is carried out based on the principles of:

  1. justice;
  2. non-discrimination;
  3. openness;
  4. efficiency;
  5. effectiveness; and
  6. 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 One Data Indonesia Policy;

In the Presidential Regulation 25/2022, it is mentioned that one of the objectives of the One Data Indonesia Policy is to improve 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 Indonesian laws and regulations. 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.

The application of Pancasila values in legal education can be done in various ways, including:

  1. Integrating Pancasila values into the curriculum and legal learning materials;
  2. Practicing Pancasila values in the teaching and learning process, such as deliberation, respecting differences of opinion, and upholding justice; and
  3. Organizing activities that encourage people to implement Pancasila values in everyday life.

By applying Pancasila in legal education, it is hoped that people will be formed who have integrity, are moral, and are committed to realizing social justice for all Indonesian people. Pancasila-based legal education will produce a generation of law that is able to maintain the unity and integrity of the nation, respect diversity, and uphold the rule of law with full wisdom and justice.

Pancasila in the Indonesian Justice System

Pancasila as the basis of the state and the Indonesian nation's view of life is the main foundation in the implementation of the justice system in Indonesia. The noble values contained in Pancasila must inspire the entire judicial process, starting from the formation of procedural law, the implementation of trials, to the imposition of decisions. This has a strong legal basis in Indonesian laws and regulations.

The Legal Basis of Pancasila in the Indonesian Justice 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, in order to form a Government of the State of Indonesia which protects all Indonesian people and all Indonesian blood and to promote public welfare, educate the nation's life, and participate in implementing world order based on independence, eternal peace and social justice, the Independence of the Indonesian Nation is arranged 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 Almighty God, just and civilized humanity, the unity of Indonesia, and democracy guided by wisdom in deliberation/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 an 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 judiciary applies and enforces law and justice based on Pancasila."

Law Number 16 of 2004 concerning the Public Prosecutor'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 Public 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 based on the principles of Pancasila."

Law Number 18 of 2003 concerning Advocates;

In Article 2 of the Advocate Law, it is stated that "An advocate is a person who practices 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 is the main foundation in the implementation of the justice system in Indonesia. The values of Divinity, Humanity, Unity, Democracy, and Social Justice must be reflected in every judicial process, starting from the formation of procedural law, the implementation of trials, to the imposition of decisions. By implementing Pancasila fully in the justice system, it is hoped that a fair, dignified justice system will be realized that is in accordance with the ideals of the Indonesian nation as a state of law with social justice for all Indonesian people.

Conclusion

Pancasila has a very fundamental role in building legal literacy in Indonesia. The noble values of Pancasila are the philosophical, ethical, moral, and basic 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 Deliberations/Representation, and Social Justice for All Indonesian People, are guidelines in realizing a state of law that is just, dignified, and in accordance with the ideals of the nation.

Pancasila plays a role as a source of value and ethical foundation in the formation and enforcement of law, a foundation for the protection of human rights, a foundation for the creation of laws that unite diversity, a basis for the formation of democratic laws that involve public participation, and a foundation for the realization of social justice in law enforcement. The application of Pancasila in legal education, the justice system, and the formation of legal policies is key to ensuring that legal literacy in Indonesia is truly based on the noble values of the nation. Thus, legal literacy will be able to realize a state of law that is just, dignified, and in accordance with the ideals of the Indonesian nation.

References

  1. The 1945 Constitution of the Republic of Indonesia.
  2. Decree of the MPR No. III/MPR/2000 concerning Sources of Law and Hierarchy of Legislation.
  3. Law Number 48 of 2009 concerning Judicial Power.
  4. Law Number 16 of 2004 concerning the Public Prosecutor's Office of the Republic of Indonesia.
  5. Law Number 18 of 2003 concerning Advocates.
  6. Book "Pancasila in the Indonesian Legal Order" by Moh. Mahfud MD (2022).
  7. Journal "The Role of Pancasila in Legal Development in Indonesia" by Yance Arizona (2021) in the UNNES Law Journal.
  8. Journal "Implementation of Pancasila Values in Legal Education in Indonesia" by Asri Agustiwi and Wiwik Sri Widiarty (2020) in the Civics Journal.