In the socialist legal system, law is placed as a tool or instrument to achieve socialist policies. This means that the law is in a position below socialist policies. In the concept of the socialist legal system, private or private ownership is not permitted or eliminated, and is replaced by joint ownership. The understanding of the socialist legal system is greatly influenced by the teachings of Marx and Lenin, which are the most well-known teachings in communist ideology.

According to the teachings of Marx and Lenin, a socialist society does not need a legal framework. The state and law will only be determined by economic goals. Under these conditions, the position of the court in the socialist legal system is only a tool to encourage and implement state and government policies.

The Islamic legal system is basically adhered to by countries that adhere to Islamic religious understanding. Most of the countries are in the Middle East and some in Southeast Asia. This legal system bases its power on Islamic law which comes from the Al Quran and Hadith.

According to M. Tahir Azhary (1992: 64), the Islamic legal system has principles which were then explained by Zairin Harahap (2001: 4-7), as follows:

  • The principle of power as a mandate. This means that power is a mandate from Allah SWT. Therefore, people who receive this mandate are required to be honest in carrying out the mandate in accordance with what has been mandated, and must not misuse the mandate for other purposes.
  • The principle of deliberation. This means that all matters must first be deliberated, and must not be decided alone which can lead to absolutism, except in very urgent circumstances, but even then it must be done very carefully, therefore criteria must be established.
  • The principle of justice. This means that people who are given a mandate must act fairly, siding with truth and justice, not siding with their desires, which tend to act arbitrarily, showing favoritism, whether due to religious, racial, ethnic, ancestral and national factors.
  • The principle of equality. This means that all humans are equal, must be treated equally, no group should be prioritized, all humans have opportunities. Humans differ from one another only because of their piety.
  • The principle of recognition and protection of human rights. This means that every human being has the right to live, free from all forms of coercion, including matters of religion or belief.
  • The principle of free justice. That is equality. Judges must decide cases fairly, must not be influenced by other powers, must not decide cases under pressure that affects judges in making fair decisions.
  • The principle of peace. This means establishing cooperative relations with other countries that are based on the principle of peace. Hostility and war are only emergency and defensive actions to defend oneself.
  • The principle of welfare. This means realizing justice in all fields towards a just and prosperous society for all people or the people. Indeed, in the wealth of the rich there are rights owned by the poor.
  • The principle of people's obedience. This means regulating the relationship between the government and the people.

Indonesia was founded as a country based on certain characteristics, characteristics determined by its diversity, nature and character, which is then called the Pancasila state. The Pancasila state is a unitary state, a nation state, and an integralistic state. According to Kaelan (2004: 124), the essence of a unitary state is a state which is a unity of the elements that form it, namely the people consisting of various ethnic groups, groups, cultures and religions.

Meanwhile, according to Hans Kohn, as quoted by Kaelan, a nation state is a state formed because of similarities in language, race, religion, civilization, territory, country and citizenship. Furthermore, an integralistic state is a principle that the state is an integral unity of the elements that make it up, the state overcomes all groups of parts that make up the state, the state does not side with any group no matter how large that group is.

In this system, Pancasila is placed as the basic philosophy of the state (philosofische gronslag) or state ideology (staatsidee). In this position, Pancasila is a basic value and norm for regulating government and state. Pancasila is placed as the source of all sources of state law. The recognition of Pancasila as the source of all sources of law can be seen juridically in the provisions of the opening of the 1956 Constitution and even Law No. 12 of 2011 concerning the Hierarchy of Laws and Regulations in force in Indonesia.

Likewise, it can be seen in various other laws and regulations in force. According to Kaelan (2004: 110), the position of Pancasila as the basis of the state can be detailed as follows:

  • Pancasila as the basis of the state is the source of all sources of law (source of legal order) in Indonesia. Pancasila is the spiritual principle of the Indonesian legal order which in the opening of the 1945 Constitution is further manifested in four main ideas;
  • Includes the inner atmosphere of the 1945 Constitution;
  • Realizing the ideals of law for the basis of law (both written and unwritten basic law);
  • Contains norms that require the Constitution to contain content that obliges the government and other state administrators (including party organizers and functional groups) to uphold the noble moral ideals of the people;
  • Is a source of enthusiasm for the 1945 Constitution, for state administrators, government implementers (also party organizers and functional groups.