Judicial System As A Legal Sub System In Indonesia

Abstract

As a constitutional state that uses law as a means to regulate order in the life of the nation and state, a sub-system of justice is needed that is truly in accordance with the soul of the Indonesian nation, namely Pancasila, as stated in the Preamble of the 1945 Constitution, Pancasila has been stipulated as rechtsidee and grundnorm , so that in his position both as rechtsidee and as grundnorm ; But in reality, until now there is still a thick nuance of Legal Positivism in law enforcement which views law as a mere written rule, so of course it still leaves behind the values and norms that must provide a sense of justice and benefit for law enforcement itself; So, of course, a format for the justice system in the future must be sought that is in accordance with the soul and spirit of the Indonesian people, namely Pancasila.