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All Journal Punggawa Law Review
Euis Madiihatul Khuluqiyah
Universitas Islam Negeri Antasari Banjarmasin

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Pancasila as a Legal Ideal: Reconstructing Indonesian Legal Philosophy Ahmad Mubarak; Euis Madiihatul Khuluqiyah
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

This article examined Pancasila through legal philosophy and reconstructed its function as the legal ideal of Indonesia. The study employed normative legal research using philosophical, conceptual, statutory, and case approaches. It found that Pancasila should not be reduced either to a formal source placed mechanically above positive law or to a political slogan invoked without argumentative control. Pancasila operates as an integrated normative horizon that grounds, interprets, criticises, and transforms law. To operationalise this position, the article proposed a Layered Pancasila Philosophical Test consisting of a legality and constitutional frame, five substantive dimensions derived from the principles of Pancasila, and safeguards of coherence, proportionality, public reason, and contestability. The model requires law-makers and judges to demonstrate how a legal measure respects religious freedom, human dignity, plural national unity, deliberative democracy, and social justice as an indivisible unity. This reconstruction preserves Pancasila as an open legal ideal while preventing its authoritarian, selective, or merely symbolic use.
Co-Authors Ahmad Mubarak