Megawati: Pancasila Must Be the Soul of National Law

Former Indonesian President Megawati Soekarnoputri has issued a strong call to reassert Pancasila as the foundational source of all Indonesian law, a move she believes is crucial to combat the current trend of hyper-regulation and legalistic overreach. Speaking at the inauguration of Arief Hidayat as an Emeritus Professor at Borobudur University, Megawati lauded Hidayat's critique of Indonesia's legal landscape, which she described as a "sharp criticism" of the nation's current legal condition.

Megawati articulated her concern that Indonesia's legal practices have become excessively bogged down in formalism, focusing on the sheer volume of regulations rather than their alignment with justice, morality, and human values. "Law has ultimately become just a pile of text, no longer a reflection of the nation's conscience," she stated, highlighting the disconnect between legal statutes and the lived experiences of the people.

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Hukum akhirnya hanya menjadi tumpukan teks, bukan lagi cerminan nurani bangsa.

She stressed that Pancasila, the state ideology, must permeate every aspect of legal creation and application. Law, she argued, should not be confined to written articles but must be dynamic and responsive to societal needs. Drawing from the philosophy of Soekarno, Indonesia's first president, Megawati advocated for a view of law as a tool for liberation, capable of freeing citizens from the abuse of power. When formal procedures fail to deliver justice, she asserted, substantive justice must be pursued.

Megawati's address, attended by prominent national figures and academics, served as a powerful reminder of the philosophical underpinnings of Indonesian law. Her call to anchor the legal system in Pancasila is a plea to ensure that laws serve the people, embodying the ideals of independence and justice that the nation strives for. This perspective, deeply rooted in Indonesian nationalism and history, underscores a unique national discourse on lawmaking that prioritizes ideological coherence and social justice over purely procedural adherence, a viewpoint often contrasted with more positivist legal traditions elsewhere.

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Pancasila adalah saripati cita-cita kemerdekaan yang digali Bung Karno. Hukum yang bersumber dari Pancasila harus membebaskan rakyat dari penyalahgunaan kekuasaan.