NILAI-NILAI PANCASILA DALAM SISTEM PERADILAN PIDANA INDONESIA

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Erlangga

Abstract

Pancasila is the fundamental basis for formulating and implementing legal regulations, and ensuring that Pancasila as the foundation of the state and the outlook on life of the Indonesian nation, contains fundamental values ​​that should be the basis for every aspect of national and state life, including in the criminal justice system. The values ​​of Belief in the One Almighty God, Just and Civilized Humanity, the Unity of Indonesia, Democracy Led by the Wisdom of Deliberation for Consensus, and Social Justice for All Indonesian People, are the moral compass in realizing a criminal justice system that is just, dignified, and reflects the identity of the nation. Law is the main basis for all actions and decisions, without discrimination. Power is subject to law, not the other way around. This guarantees equality for all individuals, ensures that no one is above the law, and fundamental rights. The implementation of Pancasila values ​​in the criminal justice system is still not optimal. This can be seen from the still high crime rate, the incomplete eradication of corruption, and the incomplete fulfillment of a sense of justice for the community. The criminal justice system in Indonesia is currently still constrained by the legalism paradigm.

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