An analysis on the Pancasila as the source of the Indonesian legal sources

• Main Author: Sumaryono, Eugenius
• Format: text
• Language: English
• Published: Animo Repository 1993
• Subjects: Indonesia > Constitutional law; Principle (Philosophy); Law > Philosophy; Law > Indonesia; Administrative Law; Ethics and Political Philosophy; Law and Philosophy
• Online Access: https://animorepository.dlsu.edu.ph/etd_masteral/1523
• Institution: De La Salle University

One definition of law states that it is the whole regulations of action established by authority which is either written or unwritten. It is usually imposing in regard to guiding the human behavior in society, the state and the relations between states. Its orientation is based on the principles: justice and utility, on behalf of attaining social order and peace. Law properly so called is a species of command. Every positive law or a law simply and strictly called is set by a sovereign body to a member or members of an independent political society or a state wherein a person or a body is sovereign or supreme. A law can be said valid if it functions effectively, convincingly, influencingly. In other words, it should impose sanctions successfully in society. Accordingly, this validity should have a certain source. As it is recognized in the Indonesian Rule of Law, a law is valid if it takes its origin from the values of the Pancasila. The Pancasila is the main source of the validity of the enacted Indonesian laws. Therefore, the Pancasila should be the Fundamental Norm from which the Indonesian legal systems originate. However, it should be proven explicitly and clearly.