HUKUM BISNIS
Vol 10 No 5 (2026): Volume 10 No 5 2026

ILMU NEGARA DAN PENGANTAR HUKUM INDONESIA: NEGARA HUKUM PANCASILA SEBAGAI JEMBATAN KONSEPTUAL DALAM PEMBENTUKAN KESADARAN HUKUM NASIONAL

Irza Ahmad Firdany (Universitas Narotama)



Article Info

Publish Date
08 May 2026

Abstract

This study examines the relationship between State Science as a theoretical discipline on the nature and form of the state, and Introduction to Indonesian Law (PHI) as a discipline that contextually introduces the national positive legal system to law students. PHI differs fundamentally from Introduction to Legal Studies (PIH) which is universal in nature: PHI specifically addresses the legal system operative in Indonesia with its three normative layers, state law, customary law, and religious law, a configuration not found in equivalent form elsewhere. This study argues that the relationship between State Science and PHI is historical contextual: to understand why PHI takes its plural form, students must understand how Indonesia as a state was constituted, a process of formation that constitutes the core material of State Science. Normative legal research methodology is employed with historical, conceptual, and statutory approaches. The study finds that the concept of the Pancasila rechtsstaat constitutes the strongest conceptual bridge between State Science and PHI, and that Indonesian legal pluralism can only be fully understood within the framework of political-legal choices made at the time of state formation. The study recommends a pedagogical approach that explicitly integrates Indonesian constitutional history into PHI. Keywords: State Science, Introduction to Indonesian Law, Pancasila Rechtsstaat, Legal Pluralism, Indonesian Legal History

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Journal Info

Abbrev

hukumbisnis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Business Law contains scientific articles, research results and community service. The scope is in the fields of business law, sharia economic law, civil law, government law and notary ...