Pancasila Legal Paradigm to Realize Substantive Justice in the Law Formation and Enforcement Reform

DOI

10.2991/978-2-38476-315-3_75How to use a DOI?

Keywords

Pancasila; Substantive Justice; Legal Pluralism

Abstract

The legislative process and law enforcement are two interrelated things. If the laws and regulations produced in the legislative process do not produce substantive justice, then law enforcement will not be able to produce substantive justice. It cannot be denied that still many legislative regulations and law enforcement products in Indonesia that do not demonstrate Pancasila as the source of all state law source to produce substantive justice. In author’s view, this problem can be brought home by the questioning two important matters. (1) Can a legal pluralism approach produce substantive justice? And (2) How can Pancasila be the legal paradigm in Indonesian law making and enforcement reform process to realize substantive justice? With legal pluralism approach, this study claims that those process can only be obtained only if the reform processes takes into account the existence of four basic legal requirements, namely: Legal certainty, equality before the law, democratic legitimacy, and upholding human dignity. With that, the development carried out must always prioritize the need to elevate public awareness about the Pancasila legal system, including of all the legislators and government officials so they can always think and act in accordance with the five principles contained in Pancasila. Therefore, that reform process not only will realizing a legal system that based on Pancasila, but also to create substantive justice for all Indonesian society.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yunita Imelda
AU  - I Gusti Ayu Ketut Rachmi Handayani
AU  - Lego Karjoko
PY  - 2024
DA  - 2024/12/24
TI  - Pancasila Legal Paradigm to Realize Substantive Justice in the Law Formation and Enforcement Reform
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 552
EP  - 559
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_75
DO  - 10.2991/978-2-38476-315-3_75
ID  - Imelda2024
ER  -