Politic And Nastional Law System

Abstract

ABSTRACT

It has become a national consensus that Pancasila and the 1945 Constitution are the source (system) of national law, Pancasila (and the 1945 Constitution) also contain various legal ideals (rechtsidee). In an effort to translate legal ideals into the legal system, it must always be tested with the dynamics of society, legal ideals must always be understood dynamically, not statically. Based on this understanding, the national legal system, which originates from and supports Pancasila and the 1945 Constitution, also contains various legal ideals (rechtsidee). In an effort to translate legal ideals into the legal system, it must always be tested by the dynamics of society. The ideals of law must always be understood dynamically, not statically. This understanding means that the national legal system which originates from and supports Pancasila and the 1945 Constitution must always take into account legal awareness that grows and develops in society, social realities that apply both in the social, cultural, economic, political and defense fields. An understanding of social reality is not just recording a situation that actually exists. This fact includes looking at trends that occur as part of the dynamics of society. Thus, formation must simultaneously consider the possibilities that will occur in the future and all the consequences. Such an understanding is not without risk. If the "predictions" are too far from the reality of society, then it can happen that the law in that form cannot apply properly. So, sociologically a rule of law cannot work properly, not only because it is lagging behind the community, but also because it is too far ahead of the existing reality, so that it is not known and has not been reached by the community.

Key Words : Legal Certainty, Legal Benefits