Principles of Indonesian Constitutional Law in Pancasila Democracy

Abstract

Pancasila Democracy has consistently been a central topic in the discourse of Indonesian constitutional law. There appears to be a gap in understanding both doctrinally and in legal thought. Historically associated with the New Order government under the second period of the 1945 Constitution, Pancasila Democracy is perceived similarly in the Reformation Order under the amended 1945 Constitution of Indonesia. Although Pancasila Democracy remains a significant part of Indonesia's constitutional heritage, its foundational orientation has drastically shifted. The current democratic practices in Indonesia are seen as deviating from the original meaning and formulation of Pancasila Democracy. The Reformation Order's governance under the amended constitution reflects a liberal democratic character. There is a notable trend of integrating liberal democratic values into Pancasila Democracy, which dilutes the traditional values that have long been part of national and state life. The essence, formulation, and implementation of Pancasila Democracy have weakened. This weakening aligns with the perceived shift in Pancasila's role and status as the state foundation. The attitudes, actions, and activities of state and government administration often do not align with the consciousness of Pancasila as the state’s cornerstone. While Pancasila Democracy is a principle of Indonesian Constitutional Law, the development and practice of constitutional law in Indonesia no longer seem to be grounded in Pancasila Democracy. This article delves into the principles of Indonesian Constitutional Law within the framework of Pancasila Democracy, elucidating its meaning, formulation, and core essence.