YOGYAKARTA-As the ideals of law, Pancasila is like a soul that not only provides a guide of where the law and its enforcement will be taken, but at the same time serves as the axiological value in determining what kind of law that will be established and how to run it. But unfortunately, the establishment and enforcement of current laws seems to marginalize Pancasila. In fact, academic debate and the process of higher education of law also seem lower to explore the ideals of law in the studies of law philosophy. "Not surprisingly, the law in Indonesia which has lost soul could be easily accessible by the momentary interests which conflict with the ideals of law itself," said Chairman of the Constitutional Court (MK), Prof. Dr. Mahfud M.D, S.H, LL.M., in a scientific oration entitled "Revitalization of Pancasila as the Ideals of State Law." The oration delivered in the Senate Open Meeting of the 65th Anniversary of the UGM Faculty of Law on Thursday (17/2).
Considering those condition, according to Mahfud, the idea of revitalizing the Pancasila as the ideals of law is urgent to be carried out not only as a discourse, but also executed. The purpose of this idea is to restore the position of Pancasila as the ideals of law, ranging from the legal establishment to implementation and enforcement. Revitalization is needed to make Pancasila as a paradigm in the law in order to minimize the distance between das sollen and das sein, while ensuring the values of Pancasila always reside in the practice of law. "The most important goal of revitalizing the Pancasila as the ideals of the state law is the internalization of the basic values of Pancasila as the decree of national law development," said Mahfud.
These basic values then deliver four basic guiding principle of law that must be followed in the development of the law. First, national laws should be able to maintain integration, either ideology or territories in accordance with the purpose to protect the people and the entire country of Indonesia. Second, national laws should be built democratically and nomocratically, in a sense to have to invite participation and to absorb the aspirations of the wider community through fair, transparent, and accountable mechanism.
Next, the third, the national law must be able to create social justice, in a sense to be able to shorten the gap between the strong and the weak, and gives special protection to groups who are weak in dealing with the strong one, both from foreign and domestic terms. Fourth, laws must ensure civilized religious tolerance among the adherents. "There should be no special treatment of any religion simply based on the number of followers," said Mahfud.
Mahfud explained that to conduct the revitalization is not easy, but it is not impossible to do. Revitalization process cannot be done with just using mere law enforcer education system that emphasizes the aspects of knowledge, such as the P4 indoctrination, but it must be internalized and integrated with the system and legal culture. "This process takes the role of all parties, especially the higher education of law as a center of excellence for legal ideas and institutions that are responsible for the quality and integrity of the experts and legal practitioners in Indonesia," Mahfud added.