MEMBANGUN KONSTRUKSI HUKUM INDONESIA DI ATAS PONDASI DEMOKRASI PANCASILA

Abstract

S

ince the existence of United State of Republic of Indonesia (NKRI so called), all the people who live in the state territory subject to obey the state law system, therefore all the traditional soverenigty and it’s institu- tional apparatus must be put off side, because it has been depositioned by formal institution founded by the state. The attitude of state that always want to know anything and to rule (to interfere) any aspect of life of the people, some time have to face the resistence of the people; either silently or openly. This phenomenom prove that the autonomy of law of the society have not been died just because of the domination of the modern law system (positive law). Even some times, traditional authority present to the front yard society to resolve the social conflict which the modern law system has been failed to resolve. The community of law academician of Indonesia, should not eye blind on these phenomenom, because the ignorance on the authonomy of societys law the same as the ignorance on democracy idea of The Five Basic Principles of the Republic of Indonesia – Pancasila so called. In fact, it is a ta-sk that should be paid full attention by Indonesian law community, this is to build up a construction of Indonesian law on the base of the democracy of Pancasila.