Pancasila As the Basis and Source of Law

Abstract

Pancasila serves as the philosophical foundation of the state and the ultimate source of all sources of law in Indonesia, as explicitly stated in the Preamble of the 1945 constitution of the Republic of Indonesia. Its position is not merely symbolic but constitutes a fundamental norm that underpins the formation, implementation, and enforcement of the national legal system. In the context of national legal development, pancasila plays a strategic role as a value-oriented guideline in the formulation of legislation to ensure consistency with the legal ideals of the Indonesian nation. This article aims to provide a comprehensive analysis of the position and function of pancasila as the foundation and source of law and its implications for the Indonesian legal system. The research method employed is normative juridical research using statutory, conceptual, and historical approaches. The findings reveal that the values embodied in Pancasila—namely divinity, humanity, unity, democracy, and social justice—must be reflected in all legal norms and state policies. Pancasila functions as a fundamental norm (grundnorm) that grants legitimacy and direction to the validity of all legal norms within the Indonesian legal hierarchy. Furthermore, Pancasila operates as an ethical and moral benchmark for evaluating laws and regulations to prevent deviations from the nation’s foundational values. Therefore, strengthening the role of Pancasila as the foundation and source of law is essential in realizing a just, people-oriented legal system capable of responding to contemporary challenges while preserving Indonesia’s National identity