Pancasila as the Balancing Value

People’s perception of Pancasila seems to be on the way back. It reminds us that the
acceptance of Pancasila as the national ideology is actually not something taken for granted.
For that reason, it is necessary to refresh the Pancasila from aspects of knowledge,
understanding and practice of the philosophical values contained in it. Law development
must be started from the values of Pancasila, because essentially Pancasila is a milestone of
convergence of ideas and thoughts on the basic philosophy of state discussed deeply by the
founders of the state. Pancasila becomes a sublime agreement (modus vivendi) which is
then established as the foundation of state ideology.

It’s surprised the idea of political thought contained in Pancasila is a perfect and solutive-
creation. The founders of our country are able to create it very creatively, taking the middle
way between the two extremes, the secular state and the religious state. They compiled it
by imaginative formulation, the state based on the Belief in the One Supreme.

Compared with Turkey, to find a way out of the decline of Utsmani Dynasty that was in
charge for almost eight centuries, Turkey finally chose a secular state marked by the fall of
the Khalifah in March 1924. On the other hand, in South Asia, Pakistan, a land which stands
on the former Mongol region, from two currents of political thought competing on the way
to independence between Ali Jinnah as a representation of the idea of a secular state and
Maududi as a representation of the development of religious state ideas, after failing to
synergize a solutive format for a modern state.

The founders of our country with great wisdom and genius are able to agree on the right
choice of the state base in accordance with the character of the nation, very original,
becoming a modern state of religious character, neither as a secular state nor a religious
state. Its conceptual formulation is totally oriented -and in accordance with the character of
the nation. They are not only able to remove the influence of the idea of patrimonial state
(inheritance) that coloured it throughout the history of pre-colonial archipelago, but also
able to concoct a variety of political thinking that developed at that time

One of the Saudi Arabia intellectuals and senior officials who once praised Pancasila after
hearing the explanation of Pancasila at the Satria Mandala Museum, he conveyed an
interesting view: "Saudi Arabia makes the Qur'an and Hadith as the basis of the state
because all of its citizens are Muslims.

Pancasila Energy is what emerges and encourages peace in conflict areas. Pancasila must be
discussed or dialogued by all elements to become the energy of the unity of the whole
nation. Pancasila must be understood as the vision of the nation that always strived to be
realized

The term of Pancasila has been known since the era of Sriwijaya and Majapahit where the
values contained in the Pancasila has been applied in public life even though its values have
not been formulated concretely. In the book of Sutasoma by Mpu Tantular, the term
Pancasila has the meaning of five rocky joints, the implementation of five principles.

The history of Pancasila in the modern era originated from the promise of giving of
independence to the nation of Indonesia by the Prime Minister of Japan, namely Kuniaki
Koiso on September 7, 1944. on March 1, 1945 BPUPK was inaugurated by the Japanese
government and led by Dr . Ir. KRT. Radjiman Wedyodiningrat. The establishment of BPUPK
aims to carry out the task of investigating matters related to the establishment of an
independent Indonesia that is related to political, economic, legal and governance aspects.
BPUPK during preparing Indonesia's independence, held two general assemblies, the first
general assembly was held on May 29, 1945 - June 1, 1945. And the second general was
held on July 10, 1945 - July 11, 1945.

In the first general session discussed about matters related to the preparation of
independence. There are three figures who expressed their opinion about the basis of state,
namely Muhammad Yamin, Soepomo and Sukarno. While other members of BPUPK objected
to expressing their opinion for they were fear that the talks would be an unconcrete
philosophical debate. However, the formulation of Pancasila in the Jakarta Charter proposed
by the Nine Committee receives rejection from the eastern Indonesian delegate

According to Mohammad Hatta, the first Principle in Pancasila;; Believing in the One God is
the guiding principle for Indonesia. This spiritual and ethical principle provides guidance for
all of the people and nation of Indonesia. According to Mohammad Hatta, by sticking to this
philosophy, the Indonesian government should not deviate from the straight path to the
safety of the state and society, the order of the world and the fraternity of nation.

the five principles are not separated and have their own meaning, and they also have the
essence of the intact meaning. Pancasila as the philosophy of the nation and state of the
Republic of Indonesia implies that in every aspect of nationality life, society and state must
be based on the values of Godhead, Humanity, Unity, Democracy and Justice. It essentially
aims to manifest the dignity of human beings as a civilized creature or a civilized being.

So in life of the state must be based on the value that people are the origin of state power.
It is a necessity that the state should be democratic, the rights and powers of the people
must be guaranteed both individually and collectively. Pancasila obtains a source of value in
the context of dynamic journey of cultural history of the nation.

Pancasila as an ideology means that it is a doctrine, idea, theory or science that is believed
to be true and becomes life view of Indonesia and guidance in solving the problems faced
by society, nation and country of Indonesia. We recognize three levels of value, the
unchanging basic values, the instrumental value as a means of realizing the fundamental
value that can change according to circumstances, and the value of praxis in the form of
real performance.

Pancasila as the basis of the state implies that Pancasila is used as the foundation to
regulate the state government or as a basis for governing the state's administration.
Pancasila is a fundamental rule of the state, which means that both written and unwritten
basic laws and all applicable legislation Pancasila in this sense is often called as the grip of
life, the guidelines of life, the direction of life and the way of life. Pancasila as a life view is a
direction of all activities or activities of life and life in all fields.Pancasila as Personality of
Nationality, like the red and white flags as the distinctive characteristics of the Indonesian
nation or state that distinguishes them from other nations or countries

In forming a law by the state, of course it has some goals to be achieved, none of the laws
are created without any purpose, and there is a goal to be achieved by law. Pancasila is a
milestone of convergence of ideas and thoughts on the basic philosophy of state discussed
deeply by the founders of the state. Pancasila becomes a sublime agreement which is then
established as the basis of state’s ideology.

Pancasila is an agreement and consensus to build a nation of one country, without seeing
the different backgrounds that include religion, race, ethnicity, culture, language and others.
all legal products aim at achieving the ideas of Pancasila. Indonesia claims that Pancasila is
the ideology of the nation. Pancasila contains the dimension of normality which means that
Pancasila contains values that must be obeyed.

In Indonesia positive law can be a Constitution, Law, Government Regulation, Presidential

Regulation and also Local Regulation. the law must be based on equality, consideration and
implementation. Without these three factors our law will not prevail, and it is only as Law in
the bookshelf.

Pancasila as the foundation of the state has the values of the balance of law, namely
religious moral, humanity, and social values (nationalism and social justice). he concept of
Godhead is intended that the law political direction must contain the values of justice,
equality, freedom, truth, compassion, protection, togetherness, honesty, trust, responsibility,
openness, balance, peace and some another permanent values.

the law political direction should be able to position humans as permanent human beings
who have basic rights. The role state intended for the welfare of society based on the
principle of justice. From the elaboration above, it can be concluded that Pancasila became a
universal and comprehensive state ideology containing the relation of hablumminallah,
hablumminannas, and hablu minal alam to achieve the purpose of rahmatan lil alamin.