Legal Literacy — This article discusses the concept of "rechtsidee" or legal ideal within the context of Indonesian law, particularly in relation to Pancasila, the legal foundation of the Indonesian nation.
This article also explains the concept of rechtsidee according to experts and how Pancasila functions as a filter for international conventions as well as a fundamental principle in criticizing and underpinning legal conduct in Indonesia.
By: Shenny Mutiara Irni
The Constitution of the Unitary State of the Republic of Indonesia (NKRI), the 1945 Constitution, states in its preamble that it creates a central idea. This central idea represents the spirit of the Constitution itself, which is none other than Pancasila. Thus, Pancasila contained within the constitution, is also adopted as the legal ideal (rechtsidee) for the Indonesian nation. The legal ideal of Pancasila is the desired legal ideal of the Indonesian people. This is because, in essence, law is based on the values held by its society.
Pancasila itself contains values originating from the Indonesian people. These nationally rooted values naturally promote the effectiveness and enforcement of law. Therefore, Pancasila is made the law of all sources of law. Subsequently, Pancasila governs over all prevailing positive laws, both written and unwritten.
Pancasila as a legal ideal (rechtsidee) must or is…
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