Mohammad Noor Syam (2024) Penjabaran Filsafat Pancasila dalam Filsafat Hukum (Sebagai Landasan Pembinaan Sistem Hukum Nasional). Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

The research was conducted mainly for the very purpose of finding out the alternative clarification of the philosophy of Pancasila's fundamental norms in the legal philosophy. as the geist1ichen Hintergrund and the ideas of' law. which would serve as the basic principles in the nationRl legal system development. This purpose is fundamentally strategic. and very urgent. considering to the position of Pancasila as a philosophy of life and a state philosophy in the Indonesian Rechtsstaat. The state philosophy as written in the Constitution of 1945 mandates the national unity republic. democratic and rechtsstaat syste. which fundamentally. conveys the ideas of law: rule the supremacy of law essentially in practical and conceptual national living: social. political. economical and cultural. This research used the libraries methods and documents information. by considering law and legal philosophy as cultural science (Kulturwissenschaf't) which is intrinsically deductive. normative. and qualitative; which used the heuristic and hermeneutics technique. The data were complemented and backed up by special data which was collected from a number of specialized experienced experts through guided interview. Based on the trans-empirical data. which gave the direction to the alternatives and clarification conclussions. mainly: That the philosophy of Pancasila as Indonesian socio-cultural heritage is fundamentally theis. religious as its identity. dignity and superiority as well. and also as developmental potentiality. Pancasila's legal philosophy: ontological. episteaological. and axiological conveying the fundamental norms respectful to dignity of man as legal subject. cultural subject and moral subject as well. Legal philosophy of Pancasila as the Grundnorm and legal ideas become the guiding principles or paradigm of justice as protective and social Justice. The basic principles and identity of national legal system mainly: Pancasila. Constitution of 1945; socio cultural. wawasan nusantara. totality - integrity - identity of Indonesia: reality and idealism: and the dynamics and prospective oriented. The clarification in this dissertation suggests and give consideration to the institution responsible for the national legal system development; might be needed for further research.

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