NEGREI: Academic Journal of Law and Governance
Vol. 5 No. 1 (2025)

The Legal Standing of Pancasila in the Practice of Judicial Review of Legislation Against the Constitution in Indonesia

Reisa Malida (Unknown)



Article Info

Publish Date
27 May 2025

Abstract

This article examines the legal position of Pancasila in the practice of judicial review of legislation in Indonesia, particularly in relation to the 1945 Constitution. Drawing upon Hans Kelsen's Stufenbau theory and its further development by Hans Nawiasky, the study places Pancasila at the apex of the normative hierarchy as the grundnorm or staatsfundamentalnorm. Through doctrinal legal research, the article analyzes how Pancasila functions not only as a symbolic foundation of the state but also as a meta-juridical norm that guides the formation, interpretation, and evaluation of statutory law. The analysis shows that although the Constitutional Court has applied Pancasila both as the state foundation and as part of the Constitution through its inclusion in the Preamble, such dual treatment risks weakening its role as the highest legal norm. This article argues that in order to maintain the status of Pancasila as the grundnorm, judicial review should refer to it as the highest normative reference, not simply as a textual component of the Constitution. This perspective ensures a more substantive and coherent legal framework that upholds the foundational principles of the Indonesian legal system. Keywords: Pancasila, constitutional review, grundnorm, Constitutional Court, legislative hierarchy, Indonesian legal system

Copyrights © 2025






Journal Info

Abbrev

negrei

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Negrei : Academic Journal of Law and Governance established since 2021 based on SK Rector of IAIN Curup Number : 0108/In.34/R/KP.07.6/01/2021 of 20 June 2021. The journal aims to provide for legal and politic scholars and practitioners to accept and give constructive criticism to enhance their ...