Pancasila - Materi Kuliah Ilmu Hukum

KNOWLEDGE AS PANCASILA ILMIAHRIf scientific knowledge is said to fulfill the terms of the berobjek scientific, methodical, applying, and is universal. Berobjek divided the material object and formal object. Material
objects means having goals that were examined, also called subject
matter (subject matter) is something that is intended or used as
material for investigation. While
the formal object is a particular focal point (the focus of interest,
point of view) is the center of attention on certain aspects in
accordance with the relevant knowledge. Bermetode or have the means to have a set approach method in accordance with logical rules. Method is a way of acting according to certain rules. Applying
systematic or meaningful has roundness and integrity of the parts is an
integral and interrelated and do not contradict to form a unified
whole. Is
universal, or can be said to be objective, in the sense that the truth
is not based search by reason taste like or dislike, agree or disagree,
but for reasons that can be accepted by the mind. Pancasila has and meets the requirements of the scientific knowledge that can be studied scientifically.In addition to fulfilling the requirements as scientific knowledge. Pancasila
also has a logical arrangement of unity, the relationship between the
principle that organic, hierarchical and pyramidal-shaped structure, and
complement and qualify.Pancasila
can also be placed as an object of scientific study, the approach is
intended to appreciation and implementation of Pancasila which is a
highlight material decomposition based on existing materials and with
all the descriptions that can always be round and systematically
returned to the material . The
nature of scientific studies should be practical in the sense that
everything has a purpose or benefit described in practice. Examples
of a scientific approach to the Pancasila, among others: a historical
approach, constitutional judicial approach, and philosophical
approaches.

Module 2ORIGIN PANCASILATHEORY OF ORIGIN PANCASILAThe origin of the basic philosophy of Pancasila State distinguished:1. Causa
materialist (the origin of the material) is derived from the Indonesian
nation itself, contained in the customs, culture and religion-the
religion.2. Causa
formalist (origin form or wake up) meant how Pancasila was established
formula as stated in the Preamble to the Constitution of 1945. In this case BPUPKI have a decisive role.3. Efficient
causa (the origin of the work) is the origin of the increase of
Pancasila Pancasila prospective basis to a legitimate state as the
state. The
origin of the work in this regard is that nation-forming PPKI then
validate and make Pancasila as the basic philosophy of the State after
through discussion in its sessions.4. Causa
finalists (origin destination) is the goal of the formulation and
discussion of the Pancasila as the state was about to serve. To get to the finalists kausan required movement or the origin of the connection.

Pancasila
elements derived from the Indonesian people themselves, although
formally a new Pancasila became the basis of the Republic of Indonesia
on August 18, 1945, but long before that date Indonesia has had elements
of Pancasila and even implement them in their lives. BangsaIndonesia
history provides evidence that we can find in a variety of customs,
writing, language, arts, beliefs, religion and culture in general, for
example:1. In
Indonesia never-ending believer in God, the evidence: buildings of
worship, holy books of various religions and faiths to the Almighty God,
the religious ceremony on the anniversary of the religion, religious
education, houses of worship, writing bouquet of history / myth that contains religious values. This shows confidence on God.2. Indonesian
nation known suave, polite, gentle with his fellow human beings, such
evidence hermitage buildings, lodges, slogan dumeh aja, aja adigang
adigung Adiguna, wrote kementhus, kemaki aja, aja sawiyah-wiyah, and so
on, writing Bharatayudha,
Ramayana, Malin Kundang, Stone Pegat, Earrings Malela, Bontu Sinaga,
Lake Toba, Cinde Laras, Metsyaha shallow history, helping the poor,
helping the sick, and so on, such as trading foreign relations,
marriage, human activities, and all the clicking indicates the existence of a just and civilized humanity.3. Indonesian
people also have characteristics guyub, harmony, unity and brotherhood,
as evidence of the temple of Borobudur, Prambanan, and so on, writing
about the history of the division of the kingdom, and Jenggala Kahuripan
be Daha, national state of Srivijaya, Majapahit National State, firmly
united slogan divorced collapsed, crah agawe Bubrah agawe senthosa
pillars, united like a broom stick, sadhumuk bathuk sanyari earth, rich
ninny lan Twins, mutual assistance Majapahit nation building, the
construction of houses of worship, new home construction, the opening of
new fields indicate the nature of the unity.4. Democratic
elements already exist in our society, the evidence: building the Great
Hall and the Board of Old People in Bali for deliberation, in
Minangkabau Nagari conditional on the existence Hall, Village Hall in
Java, writing about the Council of Guardians, Princess Dayang Merindu ,
Loro Jonggrang, Sule State Acts, and so forth, deliberations in the
hall act, and so, describe the nature of democratic Indonesia;5. In
terms of Social Justice for All People of Indonesia, the Indonesian
nation in the discharge of his duties famous more social and be fair to
others, the evidence is the existence of water dams, river levees, land
villages, wells together, lumbungdesa, writing the history of the
kingdom of Kalinga, History of the King Erland,
Sunan Kalidjaga, Ratu Adil, Jake Tarub, Teja orphanage, and so on,
water jug ​​in front of the house, salvation, and so on.

Pancasila is the crystallization of cultural actual values ​​well excavated from the Indonesian nation. Referred to as crystallization good values. The fifth principle in Pancasila is a series of elements should not be disconnected from one another. However,
sometimes there are outside influences that cause discontinuity between
the results in concrete actions with cultural values.

ORIGINS OF THE FORMAL PANCASILABPUPKI formed on April 29, 1945. This
allows any agency to prepare its Independence bangsaIndonesia legally,
to formulate what conditions must be met as an independent country. Investigation
Agency Efforts Preparation of Indonesian Independence was appointed on
May 28, 1945 by Gunseikan (Head of Government Japanese army in Java). The investigative body convened only twice. The first hearing date of May 29 to June 1, 1945, while the second trial until July 10 to July 17, 1945. In the first trial M. Yamin and Sukarno proposed on the basis of the state, while the state Supomo about integrative understanding.The
follow-up to discuss the basis of the state formed a small committee or
a committee of nine which was on June 22, 1945 succeeded in formulating
the draft mukaddimah (opening) Basic Law, which by Mr. Muhammad Yamin called Jakarta Charter or Charter Jakarta.BPUPKI second trial to determine the basic formulation as a country that would be independent mutual agreement. BPUPKI members during the second trial this plus six new members. BPUPKI
full trial on July 10, 1945 to receive the results of a small committee
or a committee of nine so-called Jakarta Charter. In
addition to receiving the results of the formulation committee formed
nine committees also Basic Law, which are grouped into three groups
namely the Basic Law Committee designer: 1) Designer of the Basic Law
Committee chaired by Ir. Soekarno
with members totaling 19 2) Defenders of the Homeland Committee
chairman Abikusno Tjokrosujoso with 23 members 3) economic and financial
committee chairman Moh. Hatta, with 23 members.Designer of the Basic Law Committee then formed another small committee led designer Supomo Basic Law. Small
committees that in its meeting on 11 and 13 July 1945 have been able to
complete the task Independence Preparatory Committee (Dokuritsu Zyunbi
Linkai), which is often called the Committee for Indonesian Independence
(PPKI). The
first hearing on August 18, 1945 PPKI endorsed the Constitution of the
Republic of Indonesia and set: prepare draft Basic Law. The
next trial date of July 14, 1945 approved the manuscript BPUPKI
formulation nine committee called Jakarta Charter as Mukaddimah Draft
Basic Law, and on July 16, 1945 to receive the entire designCompleted Basic Law was formulated and in which also includes the Jakarta Charter as mukaddimah.The
last day of the trial BPUPKI dated July 17, 1945, a trial closure
Investigation Agency Efforts Preparation of Indonesian Independence and
the agency completed the task. On August 9, 1945 formed committee of Indonesian Independence Preparation (PPKI). The first session of August 18, 1945 PPKI endorsed the Constitution of the Republic of Indonesia and set:1. Jakarta
Charter as Mukaddimah draft Basic Law by tanggl BPUPKI on July 14, 1945
with a few changes, passed as the Preamble to the Constitution of the
Republic of Indonesia.2. The
design of the Basic Law which has been accepted by BPUPKI on July 16,
1945 after many changes, enacted as the Constitution of the Republic of
Indonesia.3. Elect the President and Vice-President of the first, namely Ir. Soekarno and Drs. Moh. Hatta.4. Setting a Central Indonesian National Committee establishment (KNIP) as an Emergency Consultative Body.

Second hearing on August 19, 1945, PPKI make provincial division, including the establishment of 12 ministries. The
third session of the 20th, to discuss the agenda of auxiliary bodies of
war victims" families, one of which is the establishment of People"s
Security Body (BKR). On August 22, 1945 hearing held PPKI fourth. This session discussed the formation of the National Committee of Indonesian National Party. After
completion of the fourth trial, then PPKI indirectly disbanded, and its
members became part of the Central Indonesian National Committee
(KNIP). KNIP members coupled with the leaders of the people of all classes or flows of Indonesian society.Pancasila formulations are historically divided into three groups.1. Pancasila
formulation contained in the Board of Inquiry hearings Efforts
Preparation of Indonesian Independence which are proposed as a
foundation of the Republic of Indonesia.2. Pancasila
formula set by the Independence Preparatory Committee Indonesiasebagai
basic philosophy of the Indonesian state is closely related to the
Declaration of Independence.3. Some
formulations in Indonesian constitutional changes during the
formulation of Pancasila not apply again contained in the Preamble to
the 1945 Constitution.

Of
the three groups listed above in more detail the formulation of
Pancasila to the issuance of a Presidential Decree dated July 5, 1959
there are seven namely:1. Formulation of Mr. Muh. Yamin on May 29, 1945, delivered in a speech "principle and the State of nationality of the Republic of Indonesia" (Formula I).2. Formulation of Mr. Muh. Yamin on May 29, 1945, which was delivered as a written proposal presented in the draft Basic Law (Formula II).3. Soekarno, dated June 1, 1945 as proposed in the Basic speech Indonesia Merdeka, with the term Pancasila (Formula III).4. Jakarta Charter, dated June 22, 1945, with the results of a systematic arrangement of the first agreement (Formula IV).5. Preamble
to the Constitution of 1945 dated August 18, 1945 is the first
formulation that is formally recognized as the Basic Philosophy State
(Formula V).6. KRIS Mukaddimah dated December 27, 1949, and Provisional Constitution of 1950 Mukaddimah dated August 17, 1950 (Formula VI).7. Formulation
in the community, such as mukaddimah Provisional Constitution, but the
fourth precept reads Sovereignty of the People, it is unclear origin
(Formula VII).

Module 3FUNCTION AND STATUS PANCASILAPancasila as the stateBasic state is the fundamental base or footing and be able to provide power to the establishment of a state. Indonesian state also built based on a foundation or footing that is Pancasila. Pancasila,
in its function as the state, a source of legal rules governing the
Republic of Indonesia, which includes all the elements that the
government, and the people of the region. Pancasila
in a position like this that are the foundation of state administration
and the entire life of the Republic of Indonesia.Pancasila as the state has to make sense of Pancasila as the basis for a set of governance. The consequence is that Pancasila is the source of all sources of law. This puts the Pancasila as the state which means implementing Pancasila values ​​in all the legislation in force. Therefore, it should be all the legislation in the Republic of Indonesia based on Pancasila.Pancasila
as the state of the Republic of Indonesia has implications that
Pancasila is bound by a force of law, bound by formal power structure,
and includes the atmosphere of mysticism or ideals that controls the
country"s basic law (Suhadi, 1998). Ideals
of law or mystical atmosphere are summarized in the Preamble of the
four main ideas of 1945 where essentially the same four Pancasila. Preamble of the four main ideas of 1945 is further manifested in the articles of the Constitution of 1945. Then
from the articles of the Constitution of 1945 was described again in a
lot of other legislation, such as MPR decrees, laws, government
regulations, and so forth.

PANCASILA VIEWS AS A LIVINGEvery human in the world has a definite outlook on life. Outlook on life is a thorough insight into the lives of a series consisting of unity noble values. Outlook
on life serves as a guide to set up relationships with fellow human
beings, the environment and regulate man"s relationship with God.Worldview of a society that believed it would evolve dynamically and generate a live view of the nation. Crystallization
of the nation"s view of life is believed to be the values ​​that truth
and benefits by a nation that was able to grow her determination to make
it happen in the day-to-day life stance.Every nation in any definite guidelines always have a way of living which is used as a reference in the social life. Similarly, the Indonesian nation. For Indonesia, which is believed to be the truth hdup attitude is called Pancasila. The values ​​contained in the principles of Pancasila is derived from the culture of Indonesia itself. Therefore,
the Pancasila as the core of the cultural values ​​of Indonesia,
Pancasila can be referred to as moral ideals bangsaIndonesia. Moral
ideals is then providing guidance, grip or spiritual strength to the
Indonesian people living in the community, state and nation. Pancasila in addition to a moral ideals for the people of Indonesia, as well as the agreement of the noble nation of Indonesia. Pancasila
as stated in the Preamble to the Constitution of 1945 is the result of
mutual agreement bangsaIndonesia which at that time represented by PPKI.
Therefore Pancasila is the deal with all the people of Indonesia Pancasila is supposed to be respected and upheld.

Module 4PANCASILA AND OPENING UUD"45PANCASILA RELATIONS AND OPENING UUD"45Formal
relations between Pancasila and the 1945 Constitution: that the
formulation of Pancasila as the Indonesian state is as stated in the
Preamble UUD"45; Opening UUD"45 that resident and serves in addition as
well as a Preamble UUD"45 coexisting itself as preamble "45
Pancasila which essentially does not depend on the torso UUD"45, even
as its source, that Pancasila as the core Open UUD"45 thus have a strong
position, still, can not be changed and is attached to the survival of
the State of RI.On
the relationship between Pancasila and PembukaanUUD Materials 1945:
Pancasila Formulation Process: BPUPKI session discusses the basic
philosophy of Pancasila, and then discuss the opening UUD"45; subsequent
trial composed of the Jakarta Charter as a form of opening the first
form UUD"45.

ESSENTIAL POSITION OPENING UUD"45Preamble
of the 1945 Constitution has a very important position for the survival
of the Indonesian nation since the proclamation is attached on August
17, 1945, so it can not be changed either formal or material. The
ultimate position of the Preamble to the 1945 Constitution was the
first; Creation of the Constitution has intrinsic position as an
itemized statement of independence, the proclamation of independence
succinctly August 17, 1945 it was confirmed and further elaborated in
the Preamble to the Constitution of 1945.Preamble
to the essential position of 1945 the second is that the Preamble of
the 1945 Constitution contains basic, framework and atmosphere for the
state and the rule of law in Indonesia. The
point is that the Preamble of the 1945 Constitution is the embodiment
of the consciousness and ideals of the legal and moral ideals are noble
people of Indonesia (Suhadi, 1998). Preamble
to the essential position of 1945 the third is that the Preamble of the
Constitution of 1945 contains the absolute foundations for the life of
the country, the destination country, the form of the state, the state
spiritual principles, and statements about the formation of the
Constitution.Preamble
to the essential position of 1945 the last is that the 1945
Constitution contains the recognition of natural law, the law of God and
the law of ethical or moral law. In
the Preamble to the Constitution of 1945 contained elements, shapes and
properties that made possible the orderly laws of Indonesia recognize
the existence of such laws. All elements of the law that is the source material and source of value to the state and positive law of Indonesia.

Module 5IMPLEMENTATION PANCASILARATIONALE AND IMPLEMENTATION PANCASILAVarious
forms of deviation from the thinking and implementing Pancasila"s
happening because of the violation of the principles that need to be
considered. These
principles can be divided into two, namely the principle in terms of
intrinsic (inside) and the principle in terms of extrinsic (outside). Pancasila
in terms of intrinsic should be consistent, coherent, and
correspondent, while in terms of extrinsic Pancasila should be able to
be a dealer and the interests of both horizontal and vertical filters.There are some opinions that try to answer what pathways can be used to devise and implement Pancasila. Pranarka
(1985) explains that there are two lines of thought formal Pancasila,
the state lines of political thought and academic thinking path. While Professor Notonagoro (1974) describes the implementation of the two-lane Pancasila, namely objective and subjective point.Historical development of thought Pancasila shows the complexity and heterogeneity sight problems. Complexity
of these issues include (1) source of the problem, (2) interpretation
problems, (3) implementation issues, (4) the issue of whether the
Pancasila Subject to change, and (5) problems of evolution and
complexity in thinking about thinking Pancasila. The contentious issues are loaded with interest. Complexity
of solving various problems of the above can be reached by two paths,
namely the path state political thought, and track academic thinking.Lines
of thought, namely the translation of Pancasila as the state ideology
of the nation, the State and sources of law set out in various laws and
political policies. The organizer is obliged to describe the state of Pancasila values ​​into the legislation and various policies and actions. Pancasila translation purposes in this context is to take concrete and practical decisions. The methodology used is to view the law as a methodology, as has been stipulated by the Constitution.Problem
of Pancasila not everything can be solved through state politics alone,
but require other pathways that help provide criticism and suggestions
for thinking Pancasila, the point is academic pathways, namely the
scientific approach, ideological, theological, or philosophical.State
political thought its main purpose is to decision-making or policy,
then prefer the pragmatic aspect, so it is sometimes less attention to
aspects of coherence, consistency, and correspondence. As a result sometimes counter-productive policies and contrary to the values ​​of Pancasila. Thus academic thinking and serve as a source of criticism for the state of political thought. Instead the cases that can not be solved by policy makers is a valuable input for the development of academic thinking. Each
academic thinking is not necessarily applicable in state policy, state
policy instead each has validity or not necessarily a high level of
validity when tested academically.Lines of thought is strongly associated with the implementation of the pathway. Implementation
of Pancasila can be classified into two major pathways, namely the
implementation of the objective and subjective, both of which are an
integral and inseparable.Objective
is the implementation of the implementation in the form of the
realization of the values ​​of Pancasila on every aspect of state
governance, both at the legislative, executive, and judiciary, and all
areas of the state and especially its realization in the form of laws
and regulations of Indonesia. Subjective
execution, which means execution in the person of every citizen, every
individual, every resident, every ruler and every Indonesian. According
to the implementation of Pancasila subjectively Notonagoro this very
important role, because it determines the success or failure of the
implementation of Pancasila. This
subjective implementation by Notonagoro formed gradually through a
process of education, both formal, non-formal, and informal family and
community environment. Results
will be obtained in the form of knowledge, awareness, obedience,
ability and habits, mentality, character and conscience inspired by
Pancasila.As
good as any product legislation, if not carried out by the organizers
of the country then there is no meaning, no matter how well the opposite
stance, but state officials are not supported by systems and structures
conducive it will not produce anything up.Implementation
of Pancasila as the objective of the State shall carry legal
implications, meaning that non-compliance to the Pancasila in this sense
may be punishable by the law firm, while the implementation of
Pancasila subjectively obligatory moral implications. Meaning that emerged more sanctions as sanctions of conscience or society.

RATIONALE AND REFORM IMPLEMENTATION PANCASILAReforms can be interpreted as narrowly re-arrange bad situation into a better state. Reform is sometimes misinterpreted as a demonstration of the radical movement, "all may", looting or "ouster" a certain ruler. Some important notes that must be taken to ensure that people do not misunderstand reform, among others, as follows.1. Reform not revolution2. Require reform process3. Reform requires change and sustainable4. Reforms involving structural and cultural problems5. Requires reform priorities and agenda6. Reform requires direction

A
variety of factors are driving the emergence of the reform movement,
among others: First, the accumulated frustration of the people,
especially the injustices in the field of law, economics and politics,
and second, the economic crisis is not finished; Third, the rise of
democratic consciousness, fourth, rampant corruption, fifth, criticism
and proposed changes are not considered.Total
reform movement demanding reform, means fixing all the order of
statehood, whether legal, political, economic, socio-cultural, defense
and others. But
in the early days of the reform movement, an urgent agenda to be
realized are: first, to overcome the crisis and, second, to implement
reforms, and continue the development of the third. To
be able to carry out the necessary reform agenda reference value, in
this context the relevance of Pancasila interesting to talk about.The
existence of Pancasila in reform amid demands and reform euphoria was
still considered relevant, considering, among other things: first,
Pancasila is considered the only remaining national assets and are
expected to still be able to be the glue that united almost torn rope. This
belief is supported by the Pancasila as the unifying role, it has been
proven historically and sociologically pluralistic nation of Indonesia
is very good in terms of ethnicity, geography, or religion. Second, Legally, Pancasila is the State, if the basic state change, then transformed the country. This
is supported by the argument that the proponents of the reform movement
that does not require amending the 1945 Constitution which there is
contained the main ideas that the 1945 Constitution is the embodiment of
the values ​​of Pancasila.The
most fundamental criticism addressed to the Pancasila is not only
between theory and reality, between thinking with implementation. Then the demands for reform are put Pancasila in a unity between thought and execution. Reform movement criticized the tendency of Pancasila as the use of power tools, eventually placed under the rule of law. Pancasila be used to get rid of the myths and other groups who disagree.Some
proposals can still be debated, but it is important that efforts to
reform the Pancasila thinking, among other things: First, it directs
thought Pancasila which tends toward the abstract more concrete. Secondly, the thought of directing a very ideological tendencies (for the legitimacy of power) to the scientific. Third,
directing thought Pancasila from objective to subjective tendencies,
namely by shifting the egocentrism of thought by eliminating personal,
group, or party, with the growing awareness of pluralism, both social
pluralism, politics, culture, and religion.Various
forms of irregularities, especially in the state and political thought
in implementation is possible due to several reasons, including, among
others: First, the gap or ketidakkonsisten in making laws or regulations
to the philosophy, principles and legal norms. Is
like building a house, philosophy, principles and the rule of law is
the foundation, the constitution and other legislation under a building
that was built outside the foundation. This fact has implications on institutions of higher highs and the state can not function optimally portray. The
legal experts argue for the amendment of the 1945 Constitution and
institutions to develop and optimize the judicial review which have
substantial independence to test a product and procedural law.Second,
the weakness lies in the actions of state officials is rampant
collusion, corruption and nepotism, as well as the legitimacy of the use
of law as a tool of power and get rid of political opponents and
economics.Socialization Pancasila also received sharp criticism in an era of reform, so No. MPR exit. XVIII/MPR/1998 to revoke MPR Decree No.. II/MPR/1978 about P-4. Various
proposals Pancasila was thinking about socialization among others:
avoid jargon that is not rooted in concrete reality and just be empty
words without meaning, as an example slogan about the "Miracle
Pancasila", the slogan that the Indonesian people have always been
single berbhineka ika, whereas
in reality the Indonesian people fighting each other from the first
well, implement Pancasila strict and consistent manner, and others. Avoiding
the meaning of Pancasila as passive and neutral proposition, but is
more geared towards a more operational meaning, for example: Pancasila
should be read as an active verb sentences, such as community and should
negaraIndonesia ..... Oneness
of God, to humanize man be more just and civilized, unite Indonesia,
led the people with wisdom / wisdom in a representative consultative
process, creating justice for all Indonesian people. Socialization
is also expected to be in the context of the intellectual life of the
nation, not as in the case membodohkannya-upgrading upgrading P-4, so
socialization is more critical, participatory, dialogic, and
argumentative.

Module 6PANCASILA AND ACTUAL PROBLEMSPANCASILA PROBLEMS AND SARAThe conflict can be either vertical or horizontal conflict. Eg
vertical conflict between the powerful with the weak, between the
rulers and the people, the majority of the minority, and so on. While the conflict is shown as horizontal inter-religious conflicts, tribal, atarras, intergroup, and so on. This gap is a potential for conflict.Empirical
data shows that Indonesia is one country that is composed of various
elements of a very pluralistic, both in terms of ethnicity, religion,
race, and class. This
plurality on the one hand can be a huge potential in the development of
the nation, but on the other hand is also a potential source for the
emergence of the various conflicts that lead to the disintegration of
the nation.In principle Pancasila is built on awareness of the complexity, heterogeneity or a plurality of reality and outlook. It means everything in the name of Pancasila but do not pay attention to this principle, it will fail.Various normative provisions, among others: First, 3rd Pancasila Sila explicitly mentioned "the unity of Indonesia". Second, the 1945 Explanation of the Principles of Mind in the Preamble, especially the first big idea. Third, the articles of the 1945 Constitution on citizens, especially the rights of citizenship. Fourth,
recognition of the uniqueness and distinctiveness that came from
various regions in Indonesia are also recognized, (1) as contained in
the explanation of 1945 on Regional Government that recognizes the
uniqueness of the area, (2) Explanation of Article 32 of the 1945
Constitution on the tops of the regional culture and acceptance
of foreign cultures in accordance with Indonesian culture, (3) an
explanation of Article 36 of the veneration of the local languages. Presumably
it can be concluded that the normative, the founding fathers of
Indonesia upholds the plurality that is in the nation of Indonesia, both
the plurality of local government, culture, language and others.Precisely plurality is a very valuable asset for the glory of the nation. Some
principles that can be extracted from the Pancasila as an alternative
to thinking in order to solve the problem of racial intolerance, among
others: First, Pancasila is understood that admits a plurality of
reality, but try to summarize it in a container on Indonesia. Unity should not eliminate the existing plurality, plurality should not be otherwise destroy the unity of Indonesia. Understand
the implications of this are various laws and regulations that are
inconsistent with this view needs to be revised, if necessary, removed,
because otherwise it would bring social and political risks are high. Second,
the source material is in the tri Pancasila prakara, from religious
values, customs and habits in a state of life that is accepted by
society. In
this context the idea of ​​tolerance, harmony, unity, and so ideally
excavated from religious values, customs, and habits of life that is
accepted by society bernegera

HAM AND PROBLEMS PANCASILAHuman
rights by the United Nations, is the inherent right of humanity, which
is impossible without human rights to live like a human being. Thus
the existence of human rights is seen as an axiom that is given, in the
sense that the truth should be perceived directly and does not require
further explanation (Anhar Gonggong, et al., 1995: 60).Issue
of human rights is a complex issue, there are at least three major
issues that must be considered in discussing human rights issues, among
others: First, human rights are issues that are being talked about,
because (1) the topic of human rights is one of the three major problems
become global concerns. The three topics of concern, among others: human rights, democracy and environmental protection. (2)
The issue of human rights is raised by the mass media each received a
warning in December as the Charter of Human Rights by the UN General
Assembly on December 10, 1948. (3) Human rights issues in particular sometimes associated with bilateral relations between donor and recipient countries. The issue of human rights is often used as an excuse to pressure economically and politically.Second, laden with human rights issues between the familiar tug of universalism and particularism. Understand human rights universalism assumes that the size is universal applied in all corners of the world. While
particularism understand the view that each nation has a unique
perception of human rights in accordance with the historical cultural
background, so that every nation has the size and justified its own
criteria.Third,
There are three levels of discussions about human rights, namely (1)
the philosophical level, who see human rights as a general moral
principles and universally applicable because it involves the most basic
human traits. (2)
an ideological level, who see human rights in relation to the rights of
citizenship, the nature of the particular, as they relate to a
particular nation or country. (3) the level of practical policy because of its very particular attention to the circumstances that are incidental.View
of Indonesia on human rights can be reviewed can be tracked in the
Preamble of the 1945 Constitution, the 1945 Body Trunk, Tap-Tap MPR and
the Law. Human
rights in the Preamble of the 1945 Constitution is still very common,
more detailed descriptions are translated in the body of the 1945
Constitution, among other things: The right to nationality (Article 26,
paragraph 1, 2); rights of freedom of religion (Article 29 paragraph 2);
Rights notch the
same in law and in government (Article 27 paragraph 1); rights to
freedom of association, assembly and of expression (Article 28), right
to education (Article 31, paragraph 1, 2), the right to social security
(Article 27, paragraph 2, Article 33 paragraph 3, Article 34). Important
note concerning human rights issues in 1945, among other things: the
first, was made prior to the issuance of the 1945 Universal Declaration
of Human Rights of the United Nations in 1948, so it does not explicitly
refer to human rights, but that was mentioned is the rights citizens. Second,
the 1945 Constitution does not regulate Given the human rights
provisions of the constitution as RIS settings and Provisional
Constitution of 1950, but setting it in the form of delegated
legislation submitted to Parliament and the President.Human rights issues are also regulated in MPR Decree No.. XVII/MPR/1998 on Human Rights. MPR contains views and attitudes towards Indonesia Nations Human Rights and the Charter of Human Rights.On
the outlook and attitude of the Indonesian people against human rights,
consisting of preliminary, foundation, history, approach and substance,
as well as an understanding of human rights for the people of
Indonesia. In the Charter of Human Rights consists of the opening and the torso is composed of 10 chapters 44 articlesIn the articles of the Human Rights Charter explicitly stipulated, among others:1. Right to life2. Family rights and continue the descent3. The right to develop themselves4. Rights justice5. The right to freedom6. Right to freedom of information7. Security rights8. Welfare rights9. Obligation to respect the rights of others and the obligation to defend the country10. Rights protection and promotion.

Important
note about the human rights provisions of the MPR is Tap is an effort
to further elaboration of human rights rooted in the 1945 Constitution
by considering the Universal Declaration of Human Rights of the United
Nations

PANCASILA AND ECONOMIC CRISISEconomic
growth that has occurred during the New Order has not been sustainable
because of the huge economic inequalities, both intergroup, between
regions, and between sectors eventually gave birth to the economic
crisis. This
crisis originated from the original dollar exchange rate changes are so
high, and then spread to the economic crisis, and ultimately a crisis
of confidence in all sectors of the economy not only.This economic failure was caused by failure to apply economic principles in the institutional, economic inequality, and others. which is also triggered by the rise of monopoly, collusion, corruption, and nepotism by state officialsIndonesia"s
economic system which is based on the philosophy of Pancasila and the
1945 Constitution, and the foundation of operational guidelines, often
called Pancasila Economic System. The
principles developed in the Economic System Pancasila are: recognize
ethical and moral religion, not merely pursuing material. reflects
the nature kemusiaan, which has elements of body and soul, as the
individual-social creature, as a creature of a personal God-self. Such
a system does not recognize the exploitation of man by man, uphold the
unity, kinship, and partnerships, prioritize serving the public, and
focuses on community prosperity not individual prosperity.Pancasila
economic system built on the constitutional basis of the 1945
Constitution, Article 33, which contains teachings that (1) Wheel of the
nation"s economic activity driven by stimuli of economic, social, and
moral; (2) All citizens are determined to achieve social equity are not
allowed Inequality
of economic and social inequality; (3) All economic actors are
producers, consumers, and the government always eager nationalistic,
which in any economic decisions come first realized its goal of national
economy is strong and tough, (4) cooperation and work cooperative economic actors always animates citizens. Economic
or community economic democracy guided by the wisdom of deliberation
representative; (5) for Economic-mian vast national constantly sought a
balance between national planning with increased decentralization and
regional autonomy. only
through the active participation of the local rule of economic justice
can run then produces a social justice for all Indonesian people.

Indonesian Political SystemIndonesia
is a unitary state is a republic, in which the sovereignty vested in
the people and run entirely by the People"s Consultative Assembly (MPR).
Indonesia adopts presidential system of government, where the president serves as head of state and head of government.The
Father of the Nation (the Founding Fathers) who laid the foundation
Indonesian state formation, after the achievement of independence on
August 17, 1945. They
agreed to bring together people from diverse ethnic groups, religions,
and cultures spread across thousands of large and small islands, under
the umbrella of the Republic of Indonesia (Republic of Indonesia). Indonesia
have had a federal system of government under the Republic of Indonesia
(RIS) for seven months (December 27, 1949 - August 17, 1950), but
returned to a republican form of government. After
the fall of the New Order (1996 - 1997), urging the government to
respond to the areas of governance system is highly centralized, with
offers to realize the concept of regional autonomy decentralization of
power.

Act of 1945The
Constitution of the State of Indonesia is the Basic Law (Constitution)
of 1945, which regulates the position and responsibility of the state;
authority, duties, and relations between state institutions
(legislative, executive, and judicial). 1945 also regulates the rights and obligations of citizens. Legislature
consists of the People"s Consultative Assembly (MPR) which is the
highest state body and the House of Representatives (DPR). Executive agencies comprising the President, which in their duties aided by a vice president and the cabinet. At
the regional level, the provincial government headed by a governor,
whereas at the district / municipality is headed by a regent / mayor.The
judicial institution run by the judicial power of the Supreme Court
(MA) as the highest judicial institution with other judicial bodies
beneath it. MA is conducting court functions, supervision, regulation, give advice, and administrative functions.Currently in the process of amending the 1945 Constitution, which has entered the stage of the fourth amendment. This constitutional amendment resulted in fundamental changes to the duties and relations of state institutions.

People"s Consultative Assembly (MPR)Principal
function of the Assembly as the highest institution of the state is the
state constitution; appoint and dismiss the president / vice-president,
and arrange OutlinesState Policy Guidelines (Guidelines). MPR basic functions mentioned above may change depending on the 1945 amendment process is underway. Number
of members of the Assembly is 700, consisting of 500 members of the
House of Representatives and 200 members of the Group Representative and
Regional Representative, with a term of five years.

House of Representatives (DPR)As
a legislative body, the House of Representatives to monitor the running
of the government and together with the government preparing
legislation. Number of members of Parliament is 500, which is elected by the General Elections every five years.

President / Vice PresidentPresident
of the Republic of Indonesia holds the government in accordance with
the 1945 Constitution and to perform its obligations, the president is
assisted by a vice president. In
the Indonesian political system, the President is the Head of State and
Head of Government of the position aligned with other state
institutions. The President also domiciled as mandatory MPR, which is obliged to run Garisgaris of State Policy set out the Assembly.The
President appoints the ministers and heads of non-departmental
institutions Military / Police / Attorney General) to assist the
implementation of the ministerial-level duties. In
1945 (the version before amendment) stated that the President and Vice
President shall be elected by the Assembly by a majority vote. President and Vice President shall hold office for a period of five years and thereafter be reelected.

Supreme MahkmahThe Supreme Court (MA) is the executing judicial function, the position parallel to other state institutions. MA
is independent of government intervention in their duties to uphold the
law and justice, despite the appointment of Supreme Court justices did
President.

Other State AgenciesOther state institutions are Audit Agency (BPK) and the Supreme Advisory Council (DPA). The main function is to conduct audits CPC government. BPK findings are reported to the House, as the body which approved the State Budget (Budget). DPA
works to provide answers to the questions relating to the conduct of
the President of the country, including the political, economic, social,
cultural, and military. DPA also can provide advice or suggestions or recommendations on issues related to the interests of the state. DPA members proposed by the House of Representatives and appointed by the President for a term of five years. Number of members of the DPA is 45 people.

Local GovernmentAt the local level, a province is headed by a governor while the district / municipality is headed by a regent / mayor. Currently there are 30 provinces and 360 districts / municipalities. Since
the enactment of Law No. 22/1999 on the implementation of regional
autonomy on January 1, 2001, focused regional management authority to
the district, so that the relationship between the provincial and
district governments is more coordination. Relationship
legislative, executive, and legislative at the regional level as well
as the relationships between agencies at the national level. For
example, the task of the House Level I is overseeing the government at
the provincial level and together with the Governor to prepare local
regulations. Judicial institutions at the regional level is represented by the High Court and District Court.

GOVERNMENTCountry ProfileWhen
the outbreak of World War II in Europe that spread to the Pacific,
Japan had occupied Dutch East Hidia in March 1942, after the surrender
of the Dutch colonial army following the fall of Hong Kong, Manila, and
Singapore.On 1 April 1945 American troops landed on Okinawa. Then on August 6 and 9, the United States dropped atomic bombs over two Japanese cities, Hiroshima and Nagasaki. A few days later, on 14 August 1945, Japan surrendered to the Allied Forces.The event opened up opportunities for the people of Indonesia proclaimed its independence. Three days after the Japanese surrender unconditionally, on 17 August 1945 Indonesian national leaders Ir. Soekarno and Drs. Mohammad Hatta proclaimed Indonesia"s independence in the eyes of the people.Proclamation
took place at East 58 Street Pegangsaan Jakarta, Indonesia to be heard
by thousands of people across the country because the text was secretly
broadcast by Indonesian radio operators use radio transmitting stations
belonging Japan, Jakarta Hoso Kyoku. English translation of the proclamation was broadcast overseas.

Basic (Philosophy) StatePancasila is the philosophical basis of the Indonesian state. Pancasila consists of two Sanskrit words, Panca means five, and please have a sense of principle. Pancasila contains five basic inseparable and intertwined with each other. They are:

1. Belief in God Almighty2. Just and Civilized Humanity3. Unity of Indonesia4. The populist Wisdom Led by the Consultative Representative5. Social Justice For All People of Indonesia

Act of 1945The Constitution of the Republic of Indonesia has always refer to the 1945 Constitution. This
is because the state constitution drafted and adapted in 1945 when the
founding of the republic, and clearly distinguish it from other
konstituso introduced freely in Indonesia. Furthermore,
the charge danri 1945 write clear goals and objectives for independence
which was proclaimed on August 17, 1945 and maintain it at a later
date. This merefeleksikan the spirit and strength when designing future constitution. It
inspires urgency for unity and common purpose, and democracy is built
upon the concept of Indonesian heritage in mutual assistance and
deliberation to reach consensus. Begins
with a preamble, the constitution of the republic Indonesia consists of
37 articles, four transitional rules and two additional rules.Opening
arranged in four paragraphs and contain a condemnation of all forms of
colonialism in the world, a description of Indonesia"s struggle for
independence, a declaration of independence and the declaration of
principles and state the basic objectives. It
further states that national independence Indonesia was established in a
unitary state of the Republic of Indonesia with sovereignty vested in
the people. Countries
have the basic philosophy of life as follows: Belief in God Almighty,
just and civilized humanity, the unity of Indonesia, democracy guided by
the Consultative Representative Wisdom, and Social Justice for All
People Indonesia.Guided
by the fundamental philosophy, the basic aim is to create a state
government that protects all the people of Indonesia and Indonesian
motherland, improving people"s welfare, developing intellectual life of
the country and contribute to the realization of a world order that is
based on freedom, peace and social justice.

1945 amendmentSince
the reform era, the 1945 experience some amendments, additions and
improvements as much as four times the annual session of the Assembly in
1999, 2000, 2001 and 2002. Amendment by covering so many themes which are as follows:1. PowerSince
the beginning of the 1945 constitution adopted an ideology which states
that the power vested in the people and implicitly delegated by the
Advisory Council of the People. It
adheres to an ideology of power MPR, MPR makes being a state
institution which has authority because the Assembly is not limited to
an institution that is the embodiment of all the people of Indonesia. Greatness and power without causing MPR this limit can be controlled by any state institution. This
causes the MPR became a state institution whose greatest organ in the
governance structure of state institutions Indonesian republic and is
positioned as the highest state institution. Responding
to an era of change, the views of the original 1945 Constitution no
longer suited to the ideology of democracy which requires the
implementation of control systems and internal balance among state
institutions. To
that end, the decision of article 2, paragraph 1 is converted into
power in the hands of the people and delegated by the constitution.2. Structure and authority of the members of the People PemusyawaratanBefore
the amendment, the Assembly membership structure consisting of members
of the House of Representatives (DPR) including the Indonesian military
and police representatives, Regional Representative (UD), and
Representative Group (UG). Members of Parliament elected in the general election, while UD and UG is the result of an invitation. Invitation
to all members of the Assembly deemed to be incompatible with the
teaching and spirit of democracy, therefore the formulation was changed
with the adjustment that all members of the Assembly should be elected
by the people through elections. With
this amendment, the structure of the Assembly membership includes
members of the House of Representatives and the Regional Representative
Council, a new representative institutions in order of statehood
republic Indonesia3. 1945 Presidential authority to the principle of presidential administration. Both
in terms of constitutional theory and practice in the government
following the presidential system of government according to the
konstitsui, the president has the power and role of the large and
important. That"s what happened in Indonesia. Therefore,
it is logical that quite a lot of articles related to the authority of
the presidency in the 1945, which is scattered in various chapters and
verses, especially with regard to the start of declared war keuasaan to
grant an apology.4. Direct
election of the President and Vice President by the people since the
founding of the Republic of Indonesia, the president and vice president
elections conducted by representatives of the Assembly by an indirect
mechanism. In
connection with the spirit of democracy that requires the people below
granted the right to elect the president and vice president directly, so
that the parliamentary electoral system was changed to direct election
system by rakyat.Jika conditions in the first round of elections were
not met, a second round run carried out with partner with voice Most serial number one and number two in the first round. Couples who get the most votes will be sworn in as president and vice president.5. The
term of office of President and Vice President Prior to amendment,
formulation term president and vice president in the Constitution does
not expressly atai 45 concrete set freukuensi tenure. Consequently, this opens up the opportunity for a wide range of interpretations. Amended
1945 Constitution stipulates that the president and vice president to
serve for five years and can be reelected for the next term. This means that only Indonesian citizens could dipiluh as president and vice-president for a term of 10 years.6. Impeach
the President and Vice President in the long term there is no clause in
the 1945 Constitution that governs the dismissal of the president and /
or vice president from office. Constitution
just sets an article on presidential accountability before the
extraordinary session of the Assembly which is based on the invitation
of the House of Representatives. It is run when the House was the president really do violation of state policy outline.Currently
the amended 1945 Constitution includes the factors and formal
procedures that led to the dismissal of the president and / or vice
president from office.7. The
replacement of the President in the middle of the term of office by
Vice President In 1945, the position of vice president is to help the
president carry out his duties. The
position makes the vice president automatically replace the president
until the end of his term if the president dies, resigns, or is not able
to perform his duties during his tenure.8. Executing
tasks presidential Although unlikely, there is also another possibility
in an emergency caused by, for example, the president and vice
president die at the same time, resigned, and lowered or not able to
perform their duties during his tenure. In
this konsisi, policy makers who have a very strong formal legal
dibutuhkan.Mengantisipasi cases like this 1945 as amended, stipulates
that under such conditions it executing tasks presidential cabinet
consists of three members, namely: Minister of Foreign Affairs, Minister
of the Interior and the Secretary of Defense.9. Establishment
of the Advisory Board of the President and the removal of SAC DPA
existence as a state agency, is equivalent to the first president and
has the task of providing input and consideration to the president that
ultimately considered less effektiv and efficiently. This
is because the input and consideration given to the president is not
mengikat.Berdasarkan these considerations, which amended the 1945
Constitution to remove the presence of DPA. Replace
it a new constitution giving authority to the president for an advisory
council has a duty to provide input and pertimbangna to the president.10. As
minister of state constitutional ideologies presidential system of
government, which amended the 1945 Constitution asserts that the state
ministers, chosen and commissioned by the president, is the assistant to
the president.11. Local
regional governments are given the freedom and authority to utilize and
manage natural resources owned, with products that legislation can
improve the progress and prosperity of the region. Regional
autonomy is executed and realized under the new unitary Republic
Indonesia.Konstitusi as amended also requires the recognition of country
and respect for local administrative unit, which has a special status
and special.12. Regional
Representatives Council amended 1945 introduces a new representative
institutions in the governance structure of Indonesia. The institution is the Regional Representative Council (DPD), as stated in Article VII entitled A DPD.

National flagIndonesia is the national flag "Sang Saka Merah Putih". The flag consists of two colors, red above white. Where the width is two-thirds of its length, or two feet and three feet. Flown in front of the presidential palace, government buildings and offices in Indonesia and abroad. The
first flag fluttering dashing first time in the midst of the Japanese
occupation in the independence day ceremonies in front of the
presidential palace in the capital Jakarta. This historical flag, or "heirloom flag" hoisted the last time on August 17, 1968. Since the flag is stored and replaced by a replica of the original silk woven from Indonesia.

State EmblemIndonesian state symbol is a golden eagle, also known as "Garuda" which is an ancient Indonesian epic figure. This symbol is also depicted in many of the temples from the 6th century. Eagle is a symbol of energy kreativ. Basic color is gold, mewatakkan greatness of a nation. The black color represents nature. There are 17 strands on each wing, 8 on the tail piece and 45 on the neck feathers. This shows the proclamation of Indonesia"s independence date: August 17, 1945. Motto, "Unity in Diversity" (It varies but one also), is written on the tape that held by the eagle claw.

AnthemIndonesia is the national anthem "Indonesia Raya". The song was composed in 1928. The birth of Indonesia Raya marked the beginning of Indonesian nationalist movement. This
song was introduced first time by the author, Wage Rudolf Supratman,
the second Indonesian Youth Congress on 28 October 1928 in Batavia, now
Jakarta Constitutional Change and Democracy essay Bambang Widjajanto
Half a century ago, when a lot of people break away from colonial rule,
the constitution meant as legal foundation provides the basis for a new identity and legitimacy of the new ruler. The
past two decades, the constitution - for the country"s new regime
toppled dictator of his own people - understood as a new era towards a
democratic system of rule. But
it seems, the way that middle hacked Indonesia through constitutional
changes actually lead to the formation of legislative supremacy is
clearly different from the establishment of democratic rule.In general, if the Constitution could be talking about is not interesting. In the Indonesian context, see from the news in various media; conversation constitution just a mock news. Indeed, for most of the political scientist, the constitution "somewhat neglected" existence. So
keep the basic logic of common sense, the constitution contains only a
collection of text, while the political game is often not based on the
rules in the constitution, because the constitution is often not
required in perebutankekuasaan. The most concrete example can be seen in the case of the Philippines and Indonesia. Dictator Suharto was ousted Marcos and not because of the rules in the constitution.Even
for some legal circles, the constitution is only meant as a normative
provisions governing the relationship between the institutions and
citizens in a government. Until
not so meaningful for the direct interest of law enforcement issues
daily; also do not really need to debate whether that law enforcement
will be closely related to the format and structure of power that should
be regulated in the constitution. On
the basis of these factors, then maybe talk to the constitution as it
comes to fiction, because it does not directly touch persolan everyday. Or maybe even something less meaningful talk.Above facts may be true, especially when placed in the context of Indonesia"s transition. See, Gus Dur feud news and some among the House of Representatives. Preaching
tends to cover only political dispute, and the dispute was considered
not related to the problem of power format, where the existing
constitution does not regulate how to manage such conflicts. So
the solution is offered only in the range of political compromise
alone, rather than designing a power system that can manage the conflict
between institutions of power. On
one hand, the intensive dynamics between state agencies is important,
but it does not mean Alau continue the ongoing conflict and unresolved
is why there is no debate in depth discourse to construct a political
format in order to manage the conflict between the democratic
institutions of the state. Discourse that is not entered into the changes that occur in the Indonesian constitution. Also,
it appears there is a comprehensive effort, so that people have access
to control the power authority that do not arbitrarily. All about it, did not seem so important to didesakan in the constitutional changes. As
a result, changes in the constitution an issue that is not desirable
and is considered insignificant to the future of Indonesia.In fact, the constitution may be the "power maps" of the format and structure of a political power. Because that"s where the power is set how to work within a government. Where,
structure, systems, character and functioning of a mechanism of power,
can be formatted and tracked through the constitution. Even the power of software in the form of ideology or philosophy of a country, should also be found through the constitution. Also,
in the konstitusilah, a government regulated power restrictions
limitedly, in addition to the relationship between the state
institutions. From
here one day also be tracked whether the power system to accommodate a
state system of government characterized by checks and balances system.In
general, trying to say that the constitution should regulate and
organizational framework includes a power, a basic law of government and
the rules that guarantee the rights of citizens from arbitrary power. In
short, the constitution became the basic law governing the working of a
mechanism of power and that power should be directed to the interests
and welfare of the people as a whole. At this point, the power system may be referred to as democratic.If
the Constitution is defined as the above, it is too risky and so naive
when changes in the Indonesian constitution submitted only to a
particular group that actually has a vested interest to group interests
only. Moreover,
they are not truly represent the interests of all the people as members
of the electoral system - the majority of whom became members of the
Assembly and normatively have the authority to change the constitution -
not elected directly by the people the true owners of sovereignty.There is a possibility, although it must be proven, some of the council deliberately hogging process of constitutional change. Normative argument that is always asked is Article 3 of the Constitution and Decree No.. IX/MPR/2000, where the legislation expressly states that the constitutional changes made by the Assembly. In
a positive perspective, the motive behind the act was to restore the
proportion monopoly over the function and authority of the parliament in
a format and system of government. Because almost more than three decades, the Council only became a political instrument for the benefit of the executive alone. In another perspective, there are strong indications now there is a process known as legislative supremacy. Process
like this, maybe not as good as the same potential with heavy executive
that has ever happened during the past three decades.To prove this indication, some indication can be seen from the First Amendment to the Constitution in 1999. Changes from chapter 9, section 6 deals with changes in the role and authority of Parliament and the Assembly. The
whole process of change that eliminates many presidential powers on the
one hand, but to expand the authority of the board on the other. Cilakanya again, this change does not pretend to create a system of checks and balances between state institutions. Likewise
in the Second Amendment of the Constitution, there are around four
themes of change, namely: a Human Right, autonomous regional government,
national defense and security as well as about territory, symbol of the
state and citizens.In this change, there are about 5 different articles that further strengthens the authority of the Council. Call
it for example, the council will have various other rights shall be
governed by laws other than those mentioned in the constitution as
limitative: interplasi rights, the inquiry, the right to express
opinions, ask the right questions, suggestions and opinions expressed
rights, the right of immunity, in addition to having a legislative function, budget and oversight. Meanwhile, the dismissal of members of the Council shall be regulated by law (which is not clear when it will be made).Through MPR Decree No.. III/MPR/2000,
the right to judicial review of the provisions and regulations are
typically owned by the judicial institutions taken over by the Assembly.
Article
5 states that the above provision was authorized MPR testing
legislation against the Constitution and Decree, while MA was tested
peratauran under the Act.Above
facts indicate that the parliament with all the inherent authority, the
middle direct the political reconstruction process through
constitutional changes to the legislative supremacy, regardless of the
power system formation that leads to the system of checks and balances. That"s
why, in two constitutional changes that have been made, none of the
mechanisms that can control authority board members, and that means
people do not have access to control the abuse of power that would do
the board members and assemblies.If
the above facts can be used to strengthen the indication that it is now
there is a tendency that leads to legislative supremacy, then obviously
the Council and Assembly would eliminate all the interests that seek to
question the authority to make changes in the constitution. Because then, the parliament will be able to control the process of change in accordance with its own interests. So, with that, the parliament would reject any conscious effort not want a constitutional amendment process is handled by them. In fact, the constitutional changes made in Thailand and the Philippines, it is not done by the parliament. Public participation is encouraged to design and make a decision on the constitutional amendments.

While
another thing relating to whether the rule is contrary to the
legislative power of a democratic system would have to be elaborated
further. But
definitely, two constitutional amendments have been made and tendencies
that lead to legislative supremacy tu has ignored the power system is
characterized by the formation of checks and balances. In fact, these systems become a feature of the establishment of a democratic system of rule. Then
there are strong indications MPR - through the MPR Working Body,
kususnya Ad Hoc Committee II - has failed to carry out the mandate to
amend the constitution to create a system of democratic rule and format.
If so, we should know what to do! rbedaan State And Government By: M. Karimuddin basic state and government are the two terms are almost the same, but much different. Some
western thinkers tend to be the same understanding of the term, where
the kings and dictators also equate the state and government. Francis king Louis XIV said: I am the State. On the other hand Adolph Hitler exclaimed "I was German. Whereas highly sensitive political science student in understanding the meaning of both. Countries are all unscrupulous people, while the government is a collection of people who are small. State and governmental differences:1. Country is the whole community is still inhabit certain areas and are entitled to sovereign in internal and external affairs. While the government is part of the state, could mean the government is to achieve the purpose of the State machinery.2. An eternal state of unity, where the government is temporary. However community engagement in the State can not be conquered by anyone, even if the State had been colonized. While the government may change at any time in the union, the birth of viable new parties then transformed the government.3. Is a sovereign state, sovereignty is the fundamental nature necessary for the State. While the government is not an attribute of sovereignty, he said his government is not sovereign. We
admit that the government has the power over the State, but keep in
mind the power granted by the State and its time is limited anyway.4. The characters are the same countries worldwide. Where community occupies a territory permanently, have the government and gain sovereignty. While
the government has a different character, for example, different
democratic system of government with a system of dictatorship,
presidential system of government is much different from the
parliamentary system of government.5. We have never heard or seen a demonstration of the people againstTheir sovereignty, if there is any fight for sovereignty from the occupation rose. While
often launched an insurgency against the government by the people of
the theme, and it often and very familiar season today.

Although
the difference is clearly visible state and government, but the state
and the government does not run without the support of each other. I mean logically is the State where the government as the weather was Adam.1. Mirriam Budiardjo, Fundamentals of Political Science, Scholastic, 1977.2. Rederick Martin, Sociology of Power, Eagle Press, 1993.3. Soerjono Soekamto, An Introduction to Sociology, Rajawali, 1986.4. Soejono Soekamto, Introducing Sociology, Rajawali 1986.

1. Soedjono Dirdjosisworo, Principles of Sociology, armoco, 1986.2. Tom Bottomore, Political Sociology, Rineka Copyright, 1992.3. Cheppy Day Cahyono, Political Science, Tiara Discourse, 1991.Cidadaun

Pancasila and Sustainability HomelandBy Siswono Yudo Husodo

STATE Indonesian nationality formed with very unique characteristics and specific. In contrast to Germany, Britain, France, Italy, Greece, which became a nation-state because of the language similarities. Or Australia, India, Sri Lanka, Singapore, which became the nation because of the similarity mainland. Or Japan, Korea, and other countries in the Middle East, which became the country because of racial equality.Indonesia became one of the nation state, although composed of many languages, ethnic, racial, and islands. It
was realized due to the similarity of past history; similarity region
for almost 500 years and 300 years of Sriwijaya and Majapahit kingdom
equally colonized by the Dutch 350 years and 3.5 years by the Japanese.Country
of nationality we also formed the great efforts of the founding
fathers, who tirelessly in and out of jail strengthen the sense of
Indonesian nationhood official Youth Pledge was born on October 28,
1928. Indonesian
nation-state through the proclamation of independence was born August
17, 1945 and 1945 set by PPKI on August 18, 1945, which is the opening
section contains Pancasila as the state. Pancasila
is the sublimation of the worldview and cultural values ​​that unite
our diverse community, race, language, religion, island, became one
nation, Indonesia.That
is why, although the 1945 Constitution has been amended four times,
this opening section remains unchanged, because if the change means to
form a new state, not the proclaimed on August 17, 1945.

Paradigm functionSociologist
Talcott Parsons in the book Social System states, if a society wants to
exist and sustainable, there are four function paradigm (function
paradigm) which should continue to be implemented by the community
concerned. First,
pattern maintenance, the ability to maintain cultural value system
adopted because culture is deposition of human behavior. Culture
that will change due to the transformation of the value of the former
to the later, but still maintaining the values ​​which he considers
noble, because without it it will form a new society to another.Second, the ability of people to adapt to a rapidly changing world. History proves that many civilizations have been lost because people are not able to adapt to the changing world. Community that is able to adapt to change and take advantage of opportunities that arise will excel.Third,
the integration function of the elements of a diverse society
continuously forming an increasingly centripetal force that unites the
community.Fourth,
the public needs to have a goal or purpose with which Attainment from
time to time as it continues to be improved by transforming the dynamics
of the community and its leaders.

Fading ideology PancasilaA nation requires a Weltanschauung or philosophical foundation. On the basis of the Weltanschauung, drafted the vision, mission, and purpose of the state. Without it, the country moves like broken kites, without guidance.In
the perspective of the nation-state, four-function paradigm that must
continue to be implemented Parson Indonesian society in order to live
and thrive, manifested systemic framework (crystallized) in the
Pancasila is the Indonesian nation Weltanschauung.Lately, felt the prestige of Pancasila are declining. Pancasila can also be seen as a nation-state ideology of Indonesia. Mustafa
Rejai stated in the book Political ideologies, ideologies that never
dies, what happens is Emergence (appearance), decline (deterioration),
and the resurgence of ideologies (revival of an ideology). Apparently,
since the beginning of reform, is currently happening declining
(setback) along with the increasing prestige of Pancasila ideology of
liberalization and democratization of the world.Socialization
Pancasila in the past, where the following upgrading and become
certified in the promotion requirements, has made Pancasila rote, and
not substantially manifest in the daily life of its people.

Reviving the ideology of PancasilaIn
the book The Meaning of the 20th Century, Kenneth E Boulding stated,
"Truth is recognized correctly by all the people is not an ideology that
is worth fighting for. Truth that right is recognized by most people is
the ideology that is worth fighting for".Pancasila
as the national ideology in order to still have the spirit to fight, we
need to accept Pancasila has not been received by all parties. World also seemed not convinced on the survival and progress of a nation called Indonesia.Pancasila
needs to be socialized in order to be understood by the world as the
philosophical foundation of the Indonesian nation in defending the
existence and develop itself into a modern and prosperous nation.As a national ideology, he should strive to be accepted as true beyond the limits of our own nation. Certainly
shape the ideological struggle at different times berbenturannya
nationalism and imperialism, socialism and capitalism, and between
democracy and totalitarianism. Pancasila
as an ideology of success will be measured from the realization of
rapid progress, high welfare, and the solid unity of the entire people
of Indonesia.Looking
ahead, our nation needs to venture into the U.S. as the nation that
wants to spread the ideology of democracy all over the world.In
his inaugural speech for his second term (2005-2009) on January 20,
2005, President George W. Bush said the policy is constantly looking for
the American people and to support the growth of democratic movements
and institutions in every nation and culture, with the ultimate goal
ending world tyranny.Founding
able to do it today because of the national ideology, the core
democratic liberty (freedom), fraternity (brotherhood), and egality
(equality), has managed to put the United States as the leading nation
in the world. U.S.
success in various areas of life not only legitimize his position as
the country has been referred to and respected, but also put him as an
inspiration and example of many nations.Only by achieving a developed nation condition, prosperous, and united Indonesia alone can be one of the world reference. That"s when Pancasila potential to be accepted by other nations in the world. I would argue, it is a condition that might be happening that needs to be realized; become sacre our mission as a nation.Terpelajarlah
duty to articulate the people"s desire to move forward with the
coloring of Pancasila which have sharp formulation in all fields to meet
the challenges facing our state and nation. Conception
and practice of Pancasila life must be realized in everyday life,
especially the elite, the leaders, the leaders, entrepreneurs, and the
lessons to be learned Indonesian society.

Module 1PANCASILA AND SCIENTIFIC KNOWLEDGE1. Bakry, Noor M.S. (1994). Orientation Philosophy Pancasila. London: Liberty2. Bertens (1989). XX Century Western Philosophy. Jakarta: Gramedia Pustaka Utama3. Ismaun. Overview of Basic Philosophy Pancasila State of Indonesia.4. Jacob (1999). The values ​​of Pancasila as IPTEK.Yogyakarta Development Orientation: Interskip teachers across Indonesia Pancasila5. Kaelan (1986). Pancasila philosophy. London: Paradigm6. Kaelan (1996). Juridical Pancasila State philosophy. London: Paradigm Publishers7. Kaelan (1998). Pancasila education Juridical State. London: Paradigm Publishers8. Kaelan (1999). Pancasila education Juridical State. London: Paradigm Publishers9. Kattsoff, Louis O. (1986). Element of Philosophy (Translation Soejono Soemargono: Philosophy). Yogyakarta: Tiara Wancana10. Liang Gie, The (1998). History of Science trajectory. Yogyakarta: PUBIB11. Notonegoro (1975). Popular In Whole Pancasila. Jakarta: Jewel of Seven12. Prince, Alhaj (1998). BMP Education Pancasila. Jakarta: Publisher Karunika13. Soemargono, Soejono (1986). General Philosophy of Knowledge. Yogyakarta: Nur Cahaya14. Soeprapto, Sri (1997). Pancasila education to university. Yogyakarta: LP-3-UGM15. Sutardjo (1999). Candidate Essential Basic Bachelor of Pancasila. Jakarta: Balai Pustaka16. Syafitri, Muarif Achmad (1985). Islam and the Problem Kengeraan. Publisher17. Wibisono, Koento (1999). Critical Reflection Against Reform: An Overview in the journal Philosophy Pancasila III No. 3 June 1999. Yogyakarta: Center for Pancasila Studies UGM18. Yamin, Muhammad). Discussion of the Constitution of the Republic of Indonesia.Jakarta: prapanca19. Zubair A., ​​Charris (1995). Ethics lecture. London: King Grafindo Persada

Module 2ORIGIN PANCASILA1. A.T. Soegito, 1983, Pancasila Historical Overview of Aspects, FPIPS - Teachers" Training College, Semarang.2. A.T. Soegito,
1999, History of the Nation Movement For Understanding The Origins
Reject point Pancasila, Lecturer-Lecturer Papers Internship Pancasila in
Indonesia, Yogyakarta.3. Alhaj and Patria, 1998. BMP. Pancasila education. Publisher Karunika, Jakarta 4-5.4. Bakry Noor M, 1998, Pancasila Juridical State, Liberty, Yogyakarta.5. Dardji Darmodihardjo, 1978, Santiaji Pancasila, Lapasila, Malang.6. Harun Nasution, 1983. Philosophy of Religion, NV Moon Stars. Jakarta.7. Kaelan, 1993, State Judicial Education Pancasila, Paradigm, Yogyakarta.8. Kaelan, 1999, State Judicial Education Pancasila, Paradigm, Yogyakarta.9. Koentjaraningrat, 1974, Mentalitet Culture and Development, PT. Gramedia, Jakarta.10. Notonagoro, 1957, Some Things About the Pancasila philosophy Cet. 2, Pantjoran tujuhJakarta.11. Soenoto, 1984, Philosophy Pancasila and Implementation Approach Through History, PT. Hanindita, Yogyakarta.

Module 3FUNCTION AND STATUS PANCASILA1. Heuken, 1988, Encyclopedia of Popular Politics Pancasila Building, 6th edition, Yayasan Cipta Caraka Loka, Jakarta.2. Kaelan, 1996, State Judicial Education Pancasila, Paradigm, Jogjakarta.3. Koentjaraningrat, 1980, People and Culture, Indonesia, PT. Gramedia, Jakarta.4. Manuel
Kasiepo, 1982, From State Corporatism to kepolitikan bureaucratic,
Bureaucracy, and Politics in Indonesia, the New Order Era, In Journal of
Political Science, AIPI-LIPI, PT. Gramedia, Jakarta.5. Notonagoro, 1980, Some Things Regarding the philosophy of Pancasila, ed. 9, Pantjoran seven, Jakarta.6. Soeprapto, 1997, Pancasila Education For Higher Education, LP.3 UGM, Yogyakarta.7. Suhadi, 1995, Pancasila Education, Faculty Lecture filasafat diktat, UGM. Jogjakarta.8. Suhadi, 1998, Pancasila Education, Lecture diktat, Jogjakarta.

Module 4PANCASILA AND OPENING UUD"451. Kaelan, 1999, State Judicial Education Pancasila, Paradigm, Jogjakarta.2. Notonagoro, 1975, Pancasila In Popular Science, Pantjuran Seven, Jakarta.

Module 5IMPLEMENTATION PANCASILA1. Superior Sitia Hadi, SH, 2001, 2001 MPR Decree, 2000 and the changes I and II of the 1945 Constitution, Harvarindo, Jakarta.2. Kuntowijoyo, 1997, Muslim Identity Politics, Mizan, Bandung.3. Moh. Mahfud, 1998, Pancasila As Paradigm Reform Law Order, the Pancasila Journal no. 32 Year II, December 1998, Center for Pancasila Studies UGM, Yogyakarta.4. Notonagoro, 1971, Pancasila Popular Scientifically, Pantjuran Seven, Jakarta.5. Oxford Advanced Learner"s Dictionary of Current English *, 19806. Pranarka, AMW, 1985, SejarahPemikiran About Pancasila, CSIS, Jakarta.7. Rizal Misnal Mustansyir and Munir, 1999, Reform in Indonesia in Perspective Philosophy of History, the Journal of Pancasila no. 3 Year III, July 1999, Center for Pancasila Studies UGM, Yogyakarta.8. Susilo Bambang Yudhoyono, 1999, Keformasi Political and Security (Critical Reflection), the Pancasila Journal no. 3 Year III, July 1999, Center for Pancasila Studies UGM, Yogyakarta.

Module 6PANCASILA AND ACTUAL PROBLEMS Library Primer1. Act Amendments of 1945 and its First Phase2. MPR RI statutes in the 1998 Special Session3. MPR RI statutes in the 1998 General Assembly

Source