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Pancasila as the Source of All Legal Sources
📌 Pancasila is understood as the highest source of law in Indonesia, derived from philosophical foundations and historically established in the Preamble of the 1945 Constitution (UUD 1945).
🏛️ The Preamble of the UUD 1945, which contains Pancasila, is referred to in constitutional law as the "Staatsfundamentalnorm" (Fundamental Norm of the State).
📜 This fundamental norm guides the derivation of all articles within the UUD 1945 and, subsequently, all implementing regulations (laws, government regulations, presidential regulations, etc.).
⚖️ The stipulation of Pancasila as the source of all sources of law is explicitly written in Law Number 12 of 2011 (amended by Law Number 15 of 2019) regarding the Formation of Laws and Regulations.
Pancasila as *Cita Hukum* (Legal Aspiration/Paradigm)
🎯 *Cita Hukum* is defined as a thought construction that contains the necessities required to realize common goals, acting as a governing paradigm or mindset.
🧠 When Pancasila is called *Cita Hukum*, it means it embodies the inherent obligations derived from the values held by the Indonesian people.
🗣️ Historically, the core principles of Pancasila were introduced by Sukarno on June 1, 1945, and formalized as the state basis on August 18, 1945.
UUD 1945 Amendments and Pancasila Alignment
🔄 Amendments to the UUD 1945 (up to the fourth amendment) are considered to still reflect Pancasila, as the fundamental ideals—such as the goal of creating a just and prosperous society—remain unchanged.
💡 New provisions, especially those concerning Human Rights (HAM), such as the right to a good and healthy environment (Article 28H), are seen as further elaborations, not contradictions, of the founding principles.
🤝 In economic matters, the adjustment towards a more open market system is deemed acceptable as long as the state retains control, aligning with the concept of "competition through sitting side-by-side" (*bersaing dengan bersanding*), which is a unique Indonesian characteristic.
Ensuring Legal Compliance with Pancasila
🔎 To ensure that laws and regulations comply with Pancasila, the UUD 1945 must be used as the primary test or benchmark.
👁️ This is because the UUD 1945 serves as the concrete juridical realization of the abstract values contained within Pancasila.
🛡️ The Constitutional Court (MK) plays a vital role in this process through judicial review, testing the consistency of laws against the UUD 1945, which ultimately rests on Pancasila.
Key Points & Insights
➡️ Understanding Pancasila as the source of all law must be inseparable from understanding the UUD 1945, as the Constitution is the concrete embodiment of Pancasila’s values.
➡️ The amendments to the UUD 1945 are generally not considered to deviate significantly from Pancasila; they contextualize the nation's principles for contemporary challenges.
➡️ To strengthen the role of Pancasila as the highest legal source, citizens must actively study and master the framework of Pancasila Law (*wawasan hukum Pancasila*).
📸 Video summarized with SummaryTube.com on Dec 09, 2025, 01:22 UTC
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Full video URL: youtube.com/watch?v=BzOvkgRotK8
Duration: 56:29
Get instant insights and key takeaways from this YouTube video by SilapediaTV.
Pancasila as the Source of All Legal Sources
📌 Pancasila is understood as the highest source of law in Indonesia, derived from philosophical foundations and historically established in the Preamble of the 1945 Constitution (UUD 1945).
🏛️ The Preamble of the UUD 1945, which contains Pancasila, is referred to in constitutional law as the "Staatsfundamentalnorm" (Fundamental Norm of the State).
📜 This fundamental norm guides the derivation of all articles within the UUD 1945 and, subsequently, all implementing regulations (laws, government regulations, presidential regulations, etc.).
⚖️ The stipulation of Pancasila as the source of all sources of law is explicitly written in Law Number 12 of 2011 (amended by Law Number 15 of 2019) regarding the Formation of Laws and Regulations.
Pancasila as *Cita Hukum* (Legal Aspiration/Paradigm)
🎯 *Cita Hukum* is defined as a thought construction that contains the necessities required to realize common goals, acting as a governing paradigm or mindset.
🧠 When Pancasila is called *Cita Hukum*, it means it embodies the inherent obligations derived from the values held by the Indonesian people.
🗣️ Historically, the core principles of Pancasila were introduced by Sukarno on June 1, 1945, and formalized as the state basis on August 18, 1945.
UUD 1945 Amendments and Pancasila Alignment
🔄 Amendments to the UUD 1945 (up to the fourth amendment) are considered to still reflect Pancasila, as the fundamental ideals—such as the goal of creating a just and prosperous society—remain unchanged.
💡 New provisions, especially those concerning Human Rights (HAM), such as the right to a good and healthy environment (Article 28H), are seen as further elaborations, not contradictions, of the founding principles.
🤝 In economic matters, the adjustment towards a more open market system is deemed acceptable as long as the state retains control, aligning with the concept of "competition through sitting side-by-side" (*bersaing dengan bersanding*), which is a unique Indonesian characteristic.
Ensuring Legal Compliance with Pancasila
🔎 To ensure that laws and regulations comply with Pancasila, the UUD 1945 must be used as the primary test or benchmark.
👁️ This is because the UUD 1945 serves as the concrete juridical realization of the abstract values contained within Pancasila.
🛡️ The Constitutional Court (MK) plays a vital role in this process through judicial review, testing the consistency of laws against the UUD 1945, which ultimately rests on Pancasila.
Key Points & Insights
➡️ Understanding Pancasila as the source of all law must be inseparable from understanding the UUD 1945, as the Constitution is the concrete embodiment of Pancasila’s values.
➡️ The amendments to the UUD 1945 are generally not considered to deviate significantly from Pancasila; they contextualize the nation's principles for contemporary challenges.
➡️ To strengthen the role of Pancasila as the highest legal source, citizens must actively study and master the framework of Pancasila Law (*wawasan hukum Pancasila*).
📸 Video summarized with SummaryTube.com on Dec 09, 2025, 01:22 UTC
Find relevant products on Amazon related to this video
As an Amazon Associate, we earn from qualifying purchases

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