Pancasila as the Source of All Sources of State Law Towards Certainty and Law Enforcement in Judges' Decisions in Terms of the Legal System that Applies in Indonesia

Hutabarat, Suhendra Asido and Pieris, John and Tehupeiory, Aartje and Foekh, Daniel Yusmic Pancastaki (2023) Pancasila as the Source of All Sources of State Law Towards Certainty and Law Enforcement in Judges' Decisions in Terms of the Legal System that Applies in Indonesia. The Seybold Report, 18 (3). pp. 1818-1825. ISSN 1533-9211

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Abstract

Pancasila, as a way of life and the identity of the nation and state of Indonesia, naturally obligates everything related to the interests of the nation and state of Indonesia based on Pancasila, including the legal system. Although Indonesia's legal system is pluralistic in nature, Pancasila should still be the basis for the implementation of the legal system because it is the source of all legal sources. The purpose of this research is to determine the implementation of Pancasila as the source of all legal sources of the state towards the certainty and enforcement of law in judicial decisions, in the context of the legal system in Indonesia. This research uses a normative research method with descriptive analytical specifications. The results of the study show that the increasing pluralism of the legal system in Indonesia, with several legal systems in place, namely Islamic law, customary law, civil law, and common law, requires a reform of the legal system in Indonesia so that the quality of law in Indonesia can be improved for the certainty and enforcement of law in judicial decisions. Therefore, a standardized legal system is needed in Indonesia as a Rechtsstaat, which is Pancasila as the source of all legal sources. Keywords: Pancasila, Judges, Legal System

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