Ngopi Pancasila Bersama Prof. FX Adji Samekto | Pancasila sebagai Sumber Segala Sumber Hukum?

Overview

Prof. FX Aji Samekto (Diponegoro University) explains the meaning of Pancasila as the “source of all sources of law” and argues that it must be understood through its legal embodiment in the 1945 Constitution.

Key Points of the Discussion

Why Pancasila is the Highest Source of Law

• Philosophically

  • Pancasila is the philosophical foundation of the Indonesian state, rooted in the nation’s values.

• Juridically

  • Those values were reformulated in the Preamble (especially paragraph four) of the 1945 Constitution, which is treated as the fundamental state norm.
  • From this “peak,” Pancasila flows downward into constitutional articles and then into legislation hierarchically (e.g., laws, Perpu, government regulations, and regional regulations), which must align with it.

Public Understanding Gap Among Younger Generations

• The moderator cites a 2023 survey indicating that many students think Pancasila could be replaced.
• This is framed as reflecting limited familiarity with legal discourse on Pancasila, even though, legally, Pancasila is positioned at the top of the hierarchy.

Pancasila as “Legal Ideals” (Rechtsidee)

• Pancasila is described as legal ideals: a paradigm/way of thinking that guides how Indonesians should respond to reality and pursue shared goals.
• The discussion connects this to human-rights awareness, emphasizing that the constitutional rights system can be seen as derived from principles such as just and civilized humanity.
• Historical influence is traced to European developments (e.g., after 1789) and to Indonesian thinkers, notably Hatta.

Debate About “Grundnorm/Basic Norm” Theory

• The conversation touches on legal theory, including Hans Kelsen’s grundnorm.
• Scholars disagree on whether Pancasila should be treated as the grundnorm.
• Prof. Samekto’s view is that it is more appropriate to use the “fundamental state norm” approach (not necessarily treating Pancasila as a grundnorm), referencing the relevance of ideas by Notonagoro.
• He emphasizes that, regardless of theoretical framing, Pancasila remains the highest guiding principle.

Historical Continuity in Drafting State Law

• The speaker explains that the core principles introduced by Soekarno (June 1, 1945) remained consistent through later constitutional processes.
• He highlights a constitutional shift:
  • From the Jakarta Charter nuance: “God with the obligation to implement Islamic law”
  • To the later formulation: “Belief in the One and Almighty God” (Article 29 paragraph 1)
• This is used to show how Pancasila values are reflected in constitutional drafting outcomes.

Answers to Moderator Questions

1. Do Post-Amendment Versions of the 1945 Constitution Still Reflect Pancasila?

• Prof. Samekto argues yes:
  • The Preamble goals remain unchanged (justice and prosperity).
  • The amendments mainly contextualize norms—for example, by increasingly detailing human rights, including the right to a healthy environment.
• He stresses that adapting to modern challenges (globalization, economic-market realities, environmental concerns) should not break the basic principles.

2. How Can We Ensure Laws (Including Constitutional Court Decisions) Remain Aligned with Pancasila?

• He argues that Pancasila cannot be separated from the 1945 Constitution because the constitution is the concretization/embodiment of Pancasila.
• Alignment is therefore assessed by whether legislation conforms to the constitution.
• He also notes the role of the Constitutional Court in judicial review.
• Reference is made to prior efforts/testing of regional regulations’ suitability with Pancasila using constitutional criteria.

Concluding Takeaway

• Strengthening Pancasila as the source of all sources of law requires studying Pancasila’s legal insight through the 1945 Constitution.
• The key practical method is to test legislation against the constitution, since it is where Pancasila’s values take concrete legal form.

Presenters or Contributors

• Prof. FX Adji Samekto (expert/presenter)
• Saiful Arif (moderator/contributor)