Implementation of Pancasila Philosophy Values in System Development National Law
Abstract
The Republic of Indonesia is a developing country whose society is also transitional. Fred W. Riggs believes that transitional society is called a prismatic society model, namely a society that has traditional or agrarian characteristics along with modern or industrial characteristics. In prismatic society there is a sub- model called sela. The characteristics or traits of a prismatic society are high heterogeneity, high formalism, and overlapping. The purpose of this writing Forde scribes how the Prismatic legal system works as an Indonesian legal system and explains how to implement the values of the Pancasila philosophy in everyday life. This research uses a normative juridical type of research with research specifications carried out descriptively analytically. Normative research uses secondary data, namely data obtained from literature studies. The data collection method used is library research (library study) and the technique used to describe and process the collected data is qualitative description. This writing can be concluded that in carrying out the implementation of the values of the Pancasila philosophy, the prismatic theory of the essay is used Fred W. Riggs because it is more compatible with the Indonesian legal system, Social justice is part of the formulan the fifth principle of Pancasila which is the goal of the previous Pancasila values. Justice is not just an atomistic entity that is completely separated from its socio-cultural context, but rather an individual in his connection with other individuals and with his society. This is in line with Jeremy Bentham's theory of utilitarianism because whatever object (Pancasila) is created must provide great benefits to society, and law does not stand alone but requires society in order to create law, so the author suggests that we also study sociology, politics, economics, history and politics, such as Talcott Parsons' cybernetics theory that the formation of law which is included in the legal sub- system is sometimes disturbed by cultural, political, or economic sub-systems. Also suggestions in carrying out the implementation of Pancasila values, it is necessary to look at philosophical values as the basis for the formation of Pancasila values. And in the Indonesian legal system, according to the author, do not always refer to Lawrence M. Friedmann's legal system theory because it is more suitable to use prismatic theory Fred W. Riggsor the theory of comparative law in the global context of Asia and Africa by Werner Menski.
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