Affirmation of the position of Pancasila in the indonesian legal system
Abstract
This study aims to reaffirm the position of Pancasila as a philosophische grondslag within the Indonesian constitutional system, amid ongoing academic debates regarding whether Pancasila should be understood as an ideology or as the foundation of the state underlying all existing legal norms.This interpretation is examined through President Soekarno's speech on 1 June 1945, in which Pancasila was explicitly described as a philosophische grondslag and a weltanschauung.This research employs a normative legal method using conceptual, statutory, and historical approaches through the analysis of literature and secondary legal materials.The findings indicate that the term philosophische grondslag, within the context of Dutch language and political thought, refers to a philosophical foundation that embodies the fundamental values and ideals of a state, rather than a positive legal norm.Pancasila is therefore understood as a philosophical value system that reflects the worldview of the Indonesian people and serves as a source of inspiration and orientation for the formation of law.Accordingly, Pancasila should not be positioned as a staatfundamentalnorm, as this concept is more appropriately attributed to the 1945 Constitution of the Republic of Indonesia as the highest
Fields of Study & Subjects
Indonesian Legal and Regulatory Studies
Pancasila Values in Education
Comparative constitutional jurisprudence studies
Publication details
- Journal / source
- Revista de drept constituţional
- Volume
- 2025
- Issue
- 2
- Pages
- 29–39
- Publication date
- 1 February 2026
- Language
- EN