Applying Pancasila's values in implementing democracy

in Indonesia to realize fair and transparent democracy

Pancasila is the foundation of the state or commonly known as the Ideology of
the Unified State of the Republic of Indonesia.Pancasila is the legal basis in the
implementation of state and national life. Pancasila is a guide to the standards
that regulate life in terms of economics, society, legal culture, education, and
others. Pancasila as the foundation of the state means that every item of
Pancasila value is the foundation of the state as an Indonesian citizen and is a
guide line in daily life to create a connection between values and norms
according to the teachings of Pancasila as the basis of the state. Pancasila is the
foundation of the state or commonly known as the Ideology of the Unified State
of the Republic of Indonesia.Pancasila is the legal basis management in the
implementation of state and national life.
INTRODUCE
Japan promised independence for Indonesia in the future through the
establishment of BPUPKI and PPKI. Sukarno-Hatta generation explained
intellectual acumen by formulating important ideas as stated in the Preamble to
the 1045 Constitution, in which Pancasila was affirmed as a complete and unified
unity. Professor Notonagoro believes that the Preamble of the 1945 Constitution
is the greatest humanitarian amendment after the American Declaration of
Independence (1776). Since its birth (June 1, 1945) Pancasila has been the
Philosophical Foundation of the State Unified Republic of Indonesia, also known
as the Philosofische ground lag.This can be seen when Sukarno was elected.
Coordinator Dokuritsu zyunbi Tyoosakai requested to speak before the
Investigation Agency for the Preparation of Indonesian Independence on June 1,
1945, affirming that he would explain the basis of an independent state, as
requested by the president.According to Soekarno, previous negotiations have
not created a basis for an independent Indonesia. Pancasila's philosophical
principles since its founding were proposed as the foundation for the state
(philosofische grondslag, Weltanschauung) of the Republic of Indonesia, which
was then given a firm and clear position (position) in fourth paragraph of the
Preamble to the 1945 Constitution (August 18, 1945 during the session of the
Preparatory Committee for Indonesian Independence). The 1945 Constitution
stated, more or less, "and furthermore to establish an Indonesian state
government which shall protect the entire Indonesian nation and all the
bloodshed of Indonesia and promote the general welfare, educate national life
and participate in the implementation of a world order based on independence,
lasting peace and social justice, thus compiled on the independence of the
Indonesian nation in the Indonesian State Constitution formed in State structure
of the Republic of Indonesia with the interests of the people based on the one
true God, just and civilized humanity, the unity of Indonesia and the People led
by wisdom in consultation/representation. by realizing social justice for all
Indonesians".The main legal practices and so-called basic principles of a country
in law have a fixed, solid and unchangeable nature and position for the country
in which they are created. In other words, it is legally irreversible. Pancasila's
function and location are fundamental. This is very important because the
Constitution must have its origin and comply with the main basic provisions of
the state. Today it is necessary to organize a forum to affirm and restore the
status of Pancasila as the basis of the State, and this is This is very important
because there have been too many misconceptions about Pancasila being the
basis of the State. And that explanation says that Pancasila is not the foundation
of the State but Pancasila is an instrument of power that can control everything
done in the Indonesian state. According to Dr. Koentowijoyo in his articles on the
radicalization of Pancasila (1998), Pancasila needs to be infused with a new
spirit so that Pancasila can participate as a driving force in history. Since then,
we have learned that there are many misconceptions about the meaning and
purpose of Pancasila as the foundation of the Country in the New Order and the
Old Order. Pancasila's value base in Indonesia is not specific and consistent with
our dream. The effort to turn Pancasila into a tool can be a tool that can
transform the value base of Pancasila into basic procedures and normative
origins for the preparation of positive regulations of the Indonesian State for the
State. According to the Indonesian Constitution stated in the preamble, Pancasila
can be considered the basic foundation of the State, including: the basic customs
of the State, Staatfundamentalnorm, the first customs, the basic principles of the
State. Water and Legal Thinking (Rechtsidee). The law has interpreted Pancasila
as the basis of the State, it can be concluded that Pancasila is the basis of the
State as a source, as a basis for customs, as a member of the functional and
regulatory configuration to edit state regulations.
RESULTS AND DISCUSSION
Broadly speaking, the meaning of Pancasila being the basis of the state is that
Pancasila is used by the state as a basis in running the government and state
administration. In addition, the meaning of Pancasila as the foundation of the
state can also be understood by considering Pancasila as a guideline and basic
principle in life. Pancasila is the foundation of the state and philosophy of the
nation and state of the Republic of Indonesia, consisting of five precepts, namely
(1) Almighty God, (2) Just and civilized humanity, (3) ) Indonesia's unity, (4)
People guided by wisdom in representative consultation, and (5) Social justice
for all Indonesian people. Examples of implementing Pancasila into the
foundation of the state include holding general leadership elections, conducting
cooperation and mutual consideration, being willing to sacrifice for the good of
the nation and the state, and mutual respect between religion and belief, creating
a balance between rights and obligations.
PANCASILA FUNCTION
Pancasila also functions as a state facility, including:
1. Pancasila became the ideology of the State. The function of Pancasila as State
Ideology implemented in National Development is to create a just and
prosperous society both materially and spiritually. This goal has been achieved
in the State forum of a unified, independent, sovereign and public-interest
Republic of Indonesia. In addition, Pancasila as an ideology also includes the
attitude of the state community that represents the life of the nation and the
world of safety, peace, order and calm.
2. Pancasila became the foundation of the State. Pancasila as the basis of the
state or commonly known as the Basis of State Philosophy contains the
understanding that Pancasila is the basis for regulating the administration of
government. This was confirmed in Decree of the People's Consultative
Conference No. It is stated that Pancasila as mentioned in the Preamble to the
1945 Constitution is a State Establishment under the State.
3. Pancasila became the soul of the Indonesian nation. Pancasila has become the
soul of the nation that was born at the same time as the existence of the
Indonesian nation, specifically in the Srivijaya and Majapahit eras. This was
reinforced by Professor AG Pringgodigdo in his writings on Pancasila. According
to Professor Pringgodigdo, June 1, 1945 is Pancasila's birthday. Pancasila itself
has existed and become a soul since the existence of the Indonesian people.
4. Pancasila became the personality of the Indonesian people. In this function,
Pancasila is shown in the best selling mental, behavioral and action acts. The
mental and behavioral behavior mentioned is that the Indonesian people have
special characteristics that distinguish them from other ethnic groups. This
outstanding characteristic is the meaning of character.
5. Pancasila Indonesia becomes the nation's way of life. Pancasila as a
perspective on national life implies that all activities in the daily life of the
Indonesian nation must be synchronized using the principles of Pancasila. This is
because Pancasila is a crystallization derived from the values owned by the
Indonesian nation itself. These values include sacred values, humanistic values,
solidarity values, people's democratic values and social justice values.
6. Pancasila is the Source of Law. The origin of the law of the Republic of
Indonesia is the character, enlightenment, legal ideals and moral ideals including
the psychological atmosphere and nature of the Indonesian people. The ideals
mentioned are personal independence, national independence, humanity, social
justice and national peace.
7. Pancasila became the noble Treaty of the Indonesian nation. When the
Indonesian nation established its state or the Declaration of August 17, 1945, the
Indonesian nation did not have a written state law. Then, on August 18, 1945, the
preamble and body of the 1945 Constitution were ratified by the PPKI
(Preparatory Committee for the Independence of Indonesia), which included
representatives of all Indonesian citizens and participated. ratify the noble
agreement forever. Pancasila is the dream and goal of Indonesia.
8. Pancasila as a biological philosophy of national unity. As the origin value of
the third world, Pancasila is an effective means to unite the Indonesian nation.
Not only the third precept, Pancasila also contains the values and standards that
Indonesia believes are the most correct, fair, wise and perfect to unite the
Indonesian people.
Each precept on Pancasila has its own symbol containing its own meaning. The
symbol is on the Garuda Bird, the National Emblem of Indonesia. The meaning of
the badge is as follows:
1. Meaning of the star symbol. The yellow star means the symbol of the first
precept in Pancasila which is "One True God". The star symbol means light, that
is, that which is emitted by the power unique to humans. Then, the black
background on the golden star symbol depicts the colors of nature, the blessing
of the power that is the source of all things on the face of this earth.
2. Meaning of gold chain. The gold chain is a symbol of the second precept
"Humanity is fair and civilized". The links in the symbol are in the form of
squares and circles linked together. The rectangular link is a male symbol, while
the circular link depicts a female. The interwoven links then symbolize the
interrelationship between people, both male and female.
3. Meaning of banyan tree. The banyan tree is the symbol of the third law
"Unification of Indonesia". A multi-purpose tree that can extend downward is
understood as a hiding place. Therefore, Pancasila is considered the foundation
of the state as a shadow for the Indonesian people to rely deeply and feel safe.
The banyan tree also has a strong taproot, symbolizing the unity of the
Indonesian people. Meanwhile, the tassels on the banyan tree symbolize
different tribes, descendants and religions in Indonesia. Even though they are
different, they are still united as one Indonesian nation under the symbol of
Pancasila.
4. Meaning of bull's head. The bull's head is the symbol of the fourth precept of
Pancasila which reads "A people guided by the wisdom of Wisdom in
Consultation/Representation". Bulls are defined as a social animal that enjoys
gathering and solidarity. When bulls gather, they are stronger and more difficult
to attack. Therefore, the bull head symbol depicts the culture of the Indonesian
people of solidarity, discussion and consensus. The bull's head becomes a
metaphor for humans when making decisions, which must be taken seriously
5. Meaning of rice and cotton. Rice and Cotton are symbols of the fifth or final
precept, which is "Social Justice for all Indonesians". Rice and cotton represent
two things that humans need to survive. Rice symbolizes the availability of food
and cotton symbolizes the availability of clothing. With the availability of food
and clothing, people will be able to survive and live comfortably. Therefore,
every Indonesian has the right to food and clothing fairly and equally without
discrimination. Adequate food and clothing are the conditions under which a
country is consider.
CONCLUSION
Therefore, the meaning of Pancasila is the foundation of the state, specifically
Pancasila in the Indonesian state serves as the basis of the state to direct the
implementation of state life and becomes the living principle of the Indonesian
people. Pancasila, as a basis of the state, has the function of consolidating the
guiding lines of the Indonesian nation-state. And each Pancasila precept has its
own symbol, containing its own meaning. The symbol can be found in the
National Emblem of Indonesia, specifically the Garuda Bird. The symbolism of
the Pancasila precepts includes: The star image symbolizes the first precept
which is "True Oneness". The image of a gold necklace symbolizes the second
precept, "Humanity is fair and civilized". The image of the banyan tree
symbolizes the third precept, which is "Unification of Indonesia". The image of a
bull's head symbolizes the fourth precept which is "One who is guided by
wisdom in consultation/representation". The image of rice and cotton
symbolizes the fifth or final precept, which is “Social Justice for all Indonesians”.
Application of Pancasila to democracy
The democracy’s characteristic as already made and determined in Article 1
paragraph 2 and legal sovereignty (nomocracy), are regulated in Article 1
paragraph
3 1945 Indonesian Constitution. Each of those clause has a specific connection of
availability that cannot be separated in a country that has a democratic system
and respects the status quo of law and justice, like Indonesia. The democratic
process has a goal to emphasize justice in the implementation of politics.
Besides,democracy can be also as a sourcefor creating the fifth principle of
Pancasila, which also can affect in political sphere, in the fields of economics and
other fields. As democracy in the economic field can be economic
democracy,aswell in the political field can be called political democracy, so that if
it is attached to the electoral system,
then political democracy should be based on the basis of state law, namely
Pancasila and the 1945 Constitution can be called Pancasila democracy. As in
the old order regime political democracy and economic democracy were called
socio-democracy.
PROBLEM STATEMENT
Based on the results of the preliminary explanation above, the author
specificallyfocused on to how Pancasila democracy was manifested in the
implementation of the legislative elections in Indonesia?

RESEARCH METHODS
The research is a normative legal research (doctrinal research). It used a
qualitative analysis and legislation approaches. Thus, the choice of relevant
material and integrated interpretation during interviews with stakeholders
related to the main research issues.
DISCUSSION AND RESEARCH RESULT
The characteristics of democracy are clearly contained in The 1945 Constitution
of the Republic of Indonesia. From the opening up to the article and the verses clearly
contained the conception of the People’s Sovereignty. In the fourth chapter of the
Preamble of the 1945 Constitution, it was stated: “... and popularism led by wisdom
of wisdom in consultation / representation, and by realizing a social justice for all
Indonesian people”.The principle of peoples sovereignty is also stated in Article 1
paragraph (2) of the 1945 Indonesian Constitution which explains: “Sovereignty is in
the hands of the people and carried out according to the Constitution”. The principle of
peoples sovereignty is also seen in all the mechanisms and procedures contained in the
1945 Indonesian Constitution. Starting from the procedures for political recruitment,
power, legislation, taxation and elections reflect that the 1945 Constitution is guided
by the notion of peoples sovereignty with representative concept.
Pancasila democracy, in the sense of democracy that has patterns of implementation
in accordance with the reality and ideals contained in this nation’s society, requires
more guidance so that it becomes a political culture full of vitality. It is also absolutely
necessary to liberate the dynamics found in society with various forces that support
Pancasila. Therefore, freedom is needed in carrying out extensive political activities,
but still has limitations within the boundaries of values of Pancasila. The issue of
human rights as one of main issue for political parties for the coming year must be
reviewed in order to achieve a balance between open and closed democracy and
between direct and indirect democracy called Pancasila democracy.
The principles of Pancasila Democracy absorb the basic principles of democracy
(both direct and indirect and closed or open), which are freedom, equality, social
justice, openness and recognition of diversity in social life. Among the principles of
Pancasila democracy are freedom and equality in expressing opinions. In Indonesia
the freedom of expressing opinions are guaranteed in the constitution, stated in Article
28 of the 1945 Constitution which states “Freedom of association and assembly,
conveying thoughts both oral and written”. The meaning of this sentence is that
Indonesian citizen are free to express their aspirations and guaranteed constitutionally.
The desire to express opinions certainly must not conflict with applicable laws in
Indonesia.
The 1945 Constitution of the Republic of Indonesia amendments, explicitly
organizes elections which are specifically found in Chapter VII B concerning general
elections, namely in Article 22 E which determines that:
a. General election is carried out directly, publicly, freely, secretly, honestly and
fairly in every five years;
b. General election are held to choose member of DPR, DPD, DPRD, President
and Vice President;
c. Participants in the general election to elect members of the House of
Representatives (DPR) and Members of the Regional People’s Legislative
Assembly (DPRD) are political parties;
d. Participants in the general election to elect members of the Regional Representative
Council (DPD) are individuals;
e. General elections are held by an electoral commission that is national, permanent,
independent, and
f. Furthermore, the general election is regulated by constitution
Article 6 A paragraph (1) of the 1945 Constitution stipulates that the president
and vice president are elected in one pair of candidates directly by the people, the
provisions are chosen directly by the people. In the field of philosophy contrary to the
essence of the fourth principle of Pancasila “ popularism is led by wisdom of wisdom
in representative deliberation”. This shows that the fourth principle of Pancasila
emphasizes the principle of deliberation to reach consensus through its representatives
and representative bodies in contending for the people’s mandate. Hence, regarding
to the general election of the president and vice president should be carried out by
an official representative body that is a representation of the people of Indonesia,
and not carried out by voting, as opposed to the four principles of the Pancasila.
For the next election for House of Representatives ahead, aside considering
the implementation of district system using the single member district method as a
direct election model, it can also compete healthily among candidates and be more
democratic; without any element of mutual dependence on political party leaders. The
implementation of this system is deemed suitable of forming a capable member of
House of Representative and supported by its constituents. In addition, every citizen
as the subject of the highest sovereignty has the right to make choices. Re-elect the
previous elected president for the next five years or replace it with a new leader.
Likewise with direct elections, which filled with money politics, it is also one
of the weaknesses of the current election mechanism. Requirements for prospective
candidates that are quite difficult from the KPU, a candidate must spend a lot of
money to increase the chance to be elected, especially for independent candidates.
The position of political parties as political vehicles also creates a holethat can result
in political dowry. It is recommended for legislative power institutions, that the law
on political parties and elections does not change every five years, moreover the
issuance of laws, relatively only one year before the voting day. This of course will
greatly disrupt the KPU’s readiness in preparing technical administration, so that it
will greatly disrupt the quality of implementation and election results.
Based on the values contained in Pancasila democracy (Yusdianto, Jurnal Fiat
Justisia, Volume 10 Number 2, Juni 2016: 115),as follows:
a. Freedom that is followed by responsibility for both the community, the nation,
and the God of Almighty.
b. Uphold the dignity and human dignity.
c. Every Indonesian citizen has the same standing, rights and obligations before
the law.
d. Forcing your will onothers is forbidden.
e. Respect and uphold every decision made as a result of deliberation.
f. Recognizing differences and similarities as individuals among groups, races,
ethnicities, religions.
g. During a forum, mutual interests and agreements must be prioritized above
personalor group interests, and
h. Emphasizing justice in social life in order to achieve common goals
Based on examination on point “e” above, “prioritizing deliberation in making
joint decisions”, the implementation of the presidential and vice presidential elections
in Indonesia is approved in Article 6A of the 1945 Constitution and Law Number
7 of 2017 on the General Election of the President and Vice-President appointed
directly, is not relevant with the values that exist in the Pancasila democracy which
prioritizes consensus during deliberation.
CLOSING
1. Conclusion
The implementation of Pancasila democracy in the Legislative Election
bases on Law Number 7 of 2017 on The General Elections for The President and
Vice President, DPR, DPD, and DPRD in Indonesia carried out through general
election. The history of elections in Indonesia shows a variety of dynamics
which are indicated by several changes in laws that are used as the basis for the
implementation of elections, until the last modification namely Law Number 7
of 2017. The publication of the Election Law is the elaboration of Article 22E of
the 1945 Constitution. This means that the principles of democracy contained in
the 1945 Constitution must become the main guideline in creating norms in Law
Number 7 of 2017 on The General Elections, it turns out that the parliamentary
threshold regulation that applied in constitutional law can be said that there is
not really suitable in implementing this democracy.
2. Suggestion
The election for House of Representatives, should consider applying a district
system (majority) with a single member district formula such as elections for
Regional Representative Council (DPD) institutions so that there is healthy
competition among candidates and be more democratic; without any element of
dependence on the leader of political parties and should be able to eliminate the
dowry system so that politicians will emerge who indeed have expert competence
in their field.