PANCASILA SEBAGAI IDEOLOGI DAN GRUNDNORM TATA HUKUM NEGARA INDONESIA
Penulis : SUPARNYO SH MH, 2019-08-27, ISSN : 1693-7201, 16 Hal
History has revealed that Pancasila is the soul of all the people of Indonesia, which gives life force to the Indonesian people and guides it in the pursuit of a better inner and outer life, in a just and prosperous Indonesian society. Pancasila was not born suddenly in 1945, but through a long process based on the history of the struggle of the nation by seeing the experience of other nations inspired by the great ideas of the world, while still rooted in the personalities and great ideas of the nation itself. Pancasila is a view of life rooted in the nation's personality, so it is accepted as the basis of the State that governs state life. This is evident in history even though it is stated in a somewhat different formula. It was said by Van Deventer that Dutch prosperity was obtained because of the work and services of the Indonesians, the Dutch were indebted to the people of the Dutch East Indies and had to pay for it by holding Trias. Nationalism as a State Nation or nation-state, until the XX century there was no state of Indonesia. Pancasila has a juridical position as the basis of the state since August 18, 1945 which coincided with the enactment of the 1945 Constitution in the news of the Republic of Indonesia Year II No 7 by PPKI. Because, formally Pancasila obtained a constitutional juridical position in the opening of the 1945 Constitution the fourth paragraph. And on October 1 is celebrated as the day of the magic of Pancasila. the legal system is a ladder system with tiered rules where the lowest legal norms must hold to the higher legal norms, and the highest legal norms (such as the constitution) must hold to the most fundamental legal norms (grundnorm). According to Kelsen, the most basic legal norm (grundnorm) is not concrete (abstract) as an example of the most basic abstract legal norm is Pancasila.