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  • Pancasila Became the Benchmark for the Quality of Legislation Product

Pancasila Became the Benchmark for the Quality of Legislation Product

  • 05 May 2011, 13:52 WIB
  • By: Marwati
  • 12857



The Constitutional Court and the Supreme Court shall make Pancasila one of the bases for the legislation’s procedural and substantive validity test. Similarly, all officers and law enforcement agencies shall place the substantive fairness in the values of Pancasila and social benefits as the goal of law enforcement, not solely focused on the pursuit of legal certainty. These were several recommendations points of the National Meeting Implementation of Pancasila values in Upholding Indonesian Constitutionality, which was read by the Head of Center for Pancasila Studies (PSP) of UGM, Drs. Sindung Tjahyadi, M. Hum., at Graha Sabha Pramana, Tuesday (3/5).

Sindung said that in order to oversee the process of legislation to conform with the values of Pancasila, the Constitutional Court should be subject to the constitution supremacy and that the articles of the Constitution is the result of the application of values that exist in the opening part of the 1945 State Constitution and Pancasila. "Pancasila has a constitutive function to determine the basic meaning and significance of legal order and regulatory functions, namely as a benchmark to test if a law is already just or not. This was conducted considering the conditions of law enforcement that are still apprehensive," he said.

In education, the President and government officials are urged to show commitment and provide exemplary act in the familiarization and supervision of Pancasila. "One of them through the Ministry of National Education, which is obliged to provide education and familiarization of Pancasila’s values through the national education system in every type, level and access of education," he said.


Furthermore, in the field of legislation, it is expected that the Government and House of Representatives in drafting legislation, since the phase of preparation up to discussion and approval phase should not be trapped in the power oligarchy and the interests of the group and, instead, should make the values of Pancasila as the benchmark of legislation’s product quality.

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