Revitalization of Pancasila Values in Developing National Legal Systems in the Globalization Era

Abstract

Based on Article 7 paragraph (1) of Law No. 12 of 2011 concerning the Establishment of Regulations which is actually the 1945 Constitution of the Republic of Indonesia (1945 Constitution) is the highest order in the statutory order, temporarily it has been stated in Article 2,  that is that Pancasila is the source of all sources of State law in terms of source or basis cannot be interpreted only as legal parameters when it is  not placed in the highest hierarchy even though in the 1945 Constitution of the Republic of Indonesia is stated in the preamble but  it does not have "legal co-optation" against the law referred to as the constitution, therefore Pancasila as the source of all sources of  the law does not have a function as the  foundation. How to rationalize Pancasila as principles in nation and state, this is a struggle on the legal side so that legislation is not wrong which is not in accordance with Pancasila just only because Pancasila does not have legal Law Co-optation in regulations, so that the placement as the Highest Hierarchy has been  appropriate with the rules that govern a critical requirement (no longer important).