Beyond the Grundnorm: Pancasila as the Staatsfundamentalnorm dan the Jurisprudence of Dignified Justice in Indonesia

Taufiq Musa (UIN Syarif Hidayatullah Jakarta, Indonesia)
Roby Awwaluddin (UIN Syarif Hidayatullah Jakarta, Indonesia)

Siyasah Dusturiyah: State Law Review
Vol. 1 No. 2 (2025): Siyasah Dusturiyah: State Law Review

The dialectical tension between Indonesia's civil law heritage and its theistic constitutional foundation engenders profound normative asymmetry within modern judicial adjudication. While comparative literature frequently mischaracterizes Pancasila as a vague political postulate, this doctrinal research evaluated constitutional hermeneutics to resolve systemic legal disparities. Utilizing statutory, conceptual, and jurisprudential approaches, the study critically dissected landmark Constitutional Court rulings. The analysis establishes that Pancasila fundamentally transcends hypothetical norms, functioning instead as a concrete state fundamental norm that legally codifies the nation's architectural morality. We argue that the judiciary operationalizes this framework through a uniquely religious hermeneutic, categorically rejecting secularist human rights paradigms in favor of structures subordinating specific civil liberties to religious orthodoxy. Furthermore, although the Court occasionally champions deliberative democratic procedures against reckless legislative drafting, recent politically compromised rulings on electoral thresholds demonstrate a severe collapse in constitutional ethics. This exposes the acute vulnerability of jurisprudential structures to unchecked majoritarian power and systemic elite capture. To mitigate exogenous shocks, including foreign legal transplantation and the unregulated encroachment of algorithmic governance, this study prescribes the Dignified Justice Theory as an operational mechanism for normative recalibration. Ultimately, this paradigm mandates embedding prophetic integrity into statutory genesis and continuously enforcing strict judicial restraint. By demonstrating how a theistic framework effectively governs a modern legal apparatus, this research offers a highly novel jurisprudential blueprint for hybrid constitutional systems seeking to preserve substantive democratic legitimacy amidst relentless global disruption and rapid contemporary digital transformation processes across the broader international comparative legal landscape for future academic inquiries.