INDONESIA'S NATIONAL LEGAL SYSTEM FROM THE PERSPECTIVE OF THE 1945 CONSTITUTION AND PANCASILA AND ITS IMPLEMENTATION

Abstract

This study examines Indonesia's National Legal System from the perspective of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) and Pancasila, along with its implementation in national legislation. The research employs a normative juridical method through literature studies and analysis of primary and secondary legal materials. The study finds that the Indonesian national legal system is a dynamic and evolving system shaped by historical, social, political, and cultural factors—comprising civil law, customary law (adat), and Islamic law. Pancasila occupies a fundamental position as the source of all sources of law, while the 1945 Constitution serves as the highest basic law. In practice, the arrangement of legislation still faces numerous challenges, including regulatory overlap, inconsistency between regulations, and weak law enforcement. The research concludes that the arrangement of legislation must be grounded in Pancasila values and democratic rule-of-law principles to achieve social justice, legal certainty, and public interest.