Integration of Pancasila Values in Criminal Law Reform: A Contextual Approach

Abstract

The reform of Indonesia's criminal law must be deeply rooted in the nation's foundational values, namely Pancasila. Historically, the national penal system has been largely influenced by legal positivism, emphasizing formal legal certainty while neglecting substantive justice and culturally embedded values within Indonesian society. This study highlights the urgency of integrating Pancasila's principles into criminal law reform, promoting a system that is not only repressive but also just and contextually relevant. Using a juridical-normative approach with a descriptive-analytical method, this research explores the alignment between criminal law reform and Pancasila as the highest legal value source in Indonesia. The findings suggest that core consensus principles such as just and civilized humanity, social justice, and deliberative resonate strongly with the ideals of restorative justice and rehabilitative approaches that are increasingly prominent in the modern criminal justice discourse. Nonetheless, the primary challenge lies in operationalizing these values into concrete, enforceable legal norms. Therefore, integrating Pancasila into criminal law reform requires a contextual approach that respects social pluralism, criminal dynamics, and evolving public needs. In conclusion, Indonesian criminal law reform should move toward a legal system that not only punishes but also educates and restores—reflecting the philosophical essence of Pancasila as the ideological compass of the nation.