Journal of Law, Social Science and Management
Vol. 2 No. 1 (2025): January - June

The Ideal Concept of Fair Law Formation in Indonesia: The Application of Pancasila Values as a Philosophical Foundation at Every Stage of Law Formation

Risman Setiawan (Faculty of Law, Halu Oleo University, Kendari, Indonesia)
Haris Yusuf (Faculty of Law, Halu Oleo University, Kendari, Indonesia)
Idaman Idaman (Faculty of Law, Halu Oleo University, Kendari, Indonesia)



Article Info

Publish Date
23 May 2025

Abstract

Background: Within the hierarchy of legislation, laws, as one sort of legislation, have a critical position and carry a great deal of responsibility. The intellectual underpinning that integrates Pancasila ideals as the legal ideal and the manifestation of justice is one of the key pillars upon which laws are formed. Objective: This research aims to find the ideal concept of fair law-making. Method: This research is a normative legal study, which is a legal study conducted by examining library materials using existing literature as the object of study, including books, journals, and regulations related to the discussion of the problem, making this writing also a library research. Result: It is imperative that the principles of Pancasila be implemented throughout the entire legislative process, including the stages of academic, political, and legal text creation. As a philosophical underpinning, Pancasila ideals must be consistently applied throughout all of these stages. Conclusion: The ideal concept of law formation is necessary to create fair laws, and this ideal concept is to continually use Pancasila values as a philosophical foundation that incorporates the value of justice at every step of law production. These phases comprise the development of the legal, political, and academic manuscripts. Keywords: Legislation; Philosophical Foundation; Pancasila

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Journal Info

Abbrev

jlsm

Publisher

Subject

Religion Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

Description

Journal of Law, Social Science and Management adalah jurnal ilmiah terkemuka yang menerbitkan artikel penelitian, tinjauan pustaka, dan laporan ilmiah yang mengintegrasikan perspektif dari hukum, ilmu sosial, dan manajemen untuk menganalisis dinamika sosial dan organisasi baik di Indonesia maupun ...