The Political Law of the Constitutional Court in Canceling the Concept of the Four Pillars as an Pancasila as the State Foundation

Abstract

This paper is motivated by theoretical and empirical studies, that Pancasila is the basis of the state and the source of law as stipulated in the Preamble of the 1945 Constitution of the Republic of Indonesia in the fourth paragraph. In the statutory regulation system, Pancasila is a basic norm (staatsfundamental), which then successively verfassungnorm of the 1945 Constitution, grundgezetznorm or MPR provisions, as well as gezetznorm or Law. But in reality, the Pancasila is equalized and compared to the 1945 Constitution, the Unitary State of the Republic of Indonesia, Unity in Diversity which is then referred to as "The Four Pillars of National and State". The results of the study found that the legal politics of the Constitutional Court made a positive legislature decision in the Constitutional Court Decree Number 100 / PUU-XI / 2012 is part of the exercise of the authority of the Constitutional Court which has 4 (four) authorities and 1 (one) obligation as regulated in Article 24C paragraph (1) and paragraph (2) of the 1945 Constitution. Aside from being a guardian of democracy, the Constitutional Court is also a basic protector of the state and source of law. To support the law politics, the Constitutional Court does a variety of things, including by organizing technical trials. Position of the Pancasila as the basis of the state after the cancellation of the phrase "four pillars of the nation and state namely" Pancasila returned as the basis of the state not as a pillar of the nation as set out in the fourth paragraph of the Preamble of the 1945 Constitution.