HIGHER EDUCATION LAW CHARACTERLESS PANCASILA

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1 HIGHER EDUCATION LAW CHARACTERLESS PANCASILA By: I Putu Sastra Wibawa Fakultas Ilmu Agama dan Kebudayaan Universitas Hindu Indonesia Bali, Indonesia wibawasastra738@yahoo.co.id Abstract Human development is characterized by a cross-cultural one of which can be done by optimizing the higher education law characterless Pancasila. Pancasila has values that must be internalized into higher education law that is scattered across the existing courses. The values of Pancasila is a system that can not be released between the value of each other. One of the efforts to build higher education law Pancasila character by incorporating the principles of legal pluralism of thought in legal studies undertaken. Keywords: Higher Education Law, Pancasila I. Introduction 166 Efforts to build a national character have ups and downs in line with the struggles of the nation in determining the direction of the struggle and also the direction of development. In the postindependence era, Indonesia marred by political struggles, especially regarding the issue of ideology state that will determine the nature and identity of the nation in the future. Since then drive to build a culture and identity based on Pancasila became stronger, but on the way of development is too oriented material has been growing culture that not in line with the culture they want to develop. One important aspect that seems to be left is the construction of national character education has resulted in shock and cultural crisis, which then result in weak resilience of the nation's culture. Weak cultural resilience shown by the occurrence of symptoms of an identity crisis that developed in excess tends to lead to conflict in various fields of life. Prolonged multidimensional crisis has further weakened confidence and pride as a nation. Depletion of the spirit of nationalism also as a result of the weakness of the nation's capability in managing diversity is an objective reality. Conception of Unity is a reference in managing pluralism. Character is a set of values that lead to a system, which underlies the thinking, attitudes, and behavior displayed. Character shows how one behaves. Character of the nation as a condition of character which is the national identity or national identity.

2 National identity of a nation can not be separated from the objective factors. The character of a nation will evolve based on experience in the nation's history and will be woken up or not is dependent upon the nation itself. The formation of character is an important aspect in the field of education not to mention higher education law. The question then arises how the higher education law of the nation's cultural character? II. Discussion Speaking of higher education law that characterized the culture of Indonesia should be referred Law of the Republic of Indonesia Number 12 Year 2012 on Higher Education in Article 1 paragraph 2, which states Higher Education is education after secondary education which includes diploma, undergraduate, master program, doctoral programs, and professional programs, as well as specialist courses, organized by the college by the Indonesian culture. Based on the Article contained keywords Indonesian culture as the basis of higher education in Indonesia. Pancasila as the nation's culture would be a basis in law education in Indonesia. Pancasila characters that cross-cultural or multicultural very relevant to the ideals of the nation living character Pancasila. Pancasila as the character of higher education law in Indonesia is not without good reason. Pancasila has a relationship between one principle with other principles. The highest values of Pancasila that is, the value of the Deity which then animates the other values, such as belief in humane values, the value of nationalistic, togetherness value, and the value of Divine justice. This argument is built on the concept of animating and animated, Sila 1 animates Sila 2, 3,4 and 5, Sila 2 animates Sila 3, 4 and 5 imbued Sila 1, Sila 3 animates Sila 4 and Sila 5 imbued Sila 1 and 2, Sila 4 animates Sila 5 imbued Sila 1, 2 and 3, Sila 5 imbued Sila 1,2,3 and 4. Opinion was in line with Notonogoro, which states (1974), the fifth Sila; Social justice for all Indonesian people overwhelmed and inspired by the precepts of Almighty God, just and civilized humanity, the unity of Indonesia, democracy led by the wisdom in consultative / representative. Looking back (historical) birth of Pancasila in the atmosphere of mysticism to fight colonialism and imperialism, so that the necessary unity and brotherhood among the components of the nation. The first principle of Pancasila Almighty God is an important factor to strengthen the unity and brotherhood, because of Indonesian history is full of respect for the values Almighty God The willingness to remove the phrase "with the obligation to enforce Sharia Law for adherents" by majorities after the "Almighty God" at the ratification of the Constitution on August 18, 1945 is an attempt to maintain and preserve the unity and brotherhood antarsemua national components. Also interesting to look at the 167

3 results of the Seminar Pancasila to-1 in 1959 in Yogyakarta concluded that the principle "Almighty God" is the first conditioning or causa prima and precepts "Populist led by the inner wisdom consultative / representative" is the people's power in the life nation and state to carry out the mandate of the state of the people, for the people of the state, and the state by the people. It means, "Almighty God" should be a cornerstone in managing the state of the people, for the people of the state, and the state by the people. Godhead in Pancasila framework reflects the ethical commitment of Indonesia to organize public-political life based on the values of morality and noble character. Preamble 'state based on Almighty God according to the basis of just and civilized humanity'. Based on these key points, the Constitution should contain content that requires the government and other organizers of the State, to preserve the character of manners and noble humanity and uphold the moral ideals are noble people. Higher education law is expected to produce Pancasila character education that upholds the values of humanity, the unity, democratic values and the values of justice based on the value of Almighty God. Illustration of this can be seen in picture below: Sila 2 (frame) Sila 3 (frame) Sila 1 ( Higher (big frame) Education Law Sila 4 ( frame) Sila 5 (frame) 168 Higher education law is not prohibited to study all legal traditions that exist in the world, be it the tradition of religious law, legal traditions european continental, as well as legal traditions Aglosaxon but it should be also established legal tradition that characterized Pancasila as the hallmark of higher education law in Indonesia. More concretely, in the formulation of higher education curricula of law in Indonesia is characterized by cross-culture based on the values of Pancasila at least there are some subjects that must be included, among other things Pancasila education, philosophy of Pancasila, or even in each course there are internalized values Pancasila in it. At this time a cross-cultural legal character as a result of higher legal education Pancasila character began to emerge, one of which is legal pluralism. Legal pluralism rests not only on one type of law but also look at other laws, for example, in addition to state law visits, also in view of law that created the local community and religious law that contains moral teachings.

4 Higher education law character at least legal pluralism has opened space to not only see the law is one, the law that created the state, but the law was there also in the community or even created by the community to organize their everyday lives. Appreciating diversity in this law is a legal form of Pancasila itself. Patterns Indonesian nation's attitude in the face of diversity is based on a motto of "Unity in Diversity". In applying the plurality in the life of the Indonesian people referring to the principles contained in the Preamble of the 1945 Constitution, that the main priority is the interests of the nation and not the interests of individuals, the following phrases contained in the Preamble of the 1945 Constitution: 1. That real freedom is the right of all nations; 2. That the independence declared by the Indonesian people, so people 3. can berkehidupan nationalities are free; 4. That one of the missions of the Indonesian nation is to the 5. intellectual life of the nation; 6. That one of the basic State of Indonesia is the unity of Indonesia, 7. which is none other than a national vision. 8. That to be realized with establishment of Indonesian nation 9. is social justice for all Indonesian people. Of phrases contained in the Preamble of the 1945 Constitution is clear that the principle of nationality coloring national life for the people of Indonesia. The term individual or concept of individualism is not contained in the Preamble of the 1945 Constitution in other words that the pluralistic applied in Indonesia is not based on individualism and liberalism. Pluralistic or not an ideology, ism or belief is absolute. For it is not necessary to develop certain rituals such as religion. Pluralistic taken by Indonesia as one of the principles in the implementation of national and state can be characterized as follows: 1. pluralistic implies that in a common life based on the inclusive attitude, which means that in dealing with the other party does not act to win his own, that his opinions are not necessarily the most correct, do not underestimate the other side's opinion. 2. pluralistic attitude is not sectarian and exclusive overestimate their own group and do not account for other groups. As a result of growing suspicion, jealousy and unhealthy competition takes place. 3. pluralistic attitude is not a mere formalistic, which only shows the apparent behavior. Pluralistic attitude of mutual trust based on trust and mutual respect. Even should be based on compassion so as to unite the diversity in harmony. 4. pluralistic attitude lead to action converging not diverging. 5. pluralistic attitude is not expansive, so it is more interested in quality than quantity. 169

5 6. Being tolerant, understanding of others and respect and appreciate the views of others 7. pluralistic attitude does not touch things that are sensitive to the other party. 8. pluralistic nature accommodating attitude based on the maturity and self-control are prime. Pluralistic attitude is sporty, bold recognize the advantages and disadvantages of self and partner or partners to compete. 9. Attitude pluralistic avoid their extremities, develop moderation, balanced and proportionate. On higher education in Indonesia is proper law also provides some guidance basic that must be obeyed by law in Indonesia (Mahmud, M.D., 2009:12), among others: 1. Law of Indonesia should aim and ensure the integration of the 2. nation both territorially and ideologically. 3. The law should simultaneously build democracy and nomocracy. 4. Build social justice. 5. Build religious tolerance and civilized. Methods guiding it from an early age should be imparted to students of higher education law in Indonesia so that the ideals of the planting of cross-cultural character of legal education can be achieved. III. Conclusions Higher education law in Indonesia already has a strong base as a cross-cultural character education. It is seen from the use of the values of Pancasila as the basic values of higher education law based on human values, values of unity, democratic values and the values of justice are framed by the value of Almighty God. It is expected to reach Indonesia's human character and multicultural Pancasila expected that all existing courses at the higher education law in internalize the values of Pancasila in it. 170 References Arief, Barda Nawawi. (1994). Beberapa Aspek Pengembangan Ilmu Hukum Pidana (Menyongsong Generasi Baru Hukum Pidana Indonesia. Pidato Pengukuhan Guru Besar Tetap Pada Fakultas Hukum, Universitas Diponegoro. Darmaputera, Eka. (1987) Pancasila, Identitas dan Modernitas: Tinjauan Etis dan Budaya. Jakarta: BPK Gunung Mulia. Hazairin. (1985). Demokrasi Pancasila. Jakarta: Bina Aksara. Latif, Yudi. (2011). Negara Paripurna (Historisitas, Rasionalitas, dan Aktualitas Pancasila). Jakarta: Gramedia Pustaka Utama. L.Tanya, Benard, dkk. (2015). Pancasila Bingkai Hukum Indonesia. Yogyakarta: Genta Publising. M.D., Moh. Mahfud. (2009). Kebebasan Beragama dalam Perspektif Konstitusi. Jakarta: Jurnal Mahkamah Konstitusi.

UNDERSTANDING OF DEMOCRACY AND RELIGION FOR SOCIAL JUSTICE 1. By: Sismudjito Medan, 1 st December 2007

UNDERSTANDING OF DEMOCRACY AND RELIGION FOR SOCIAL JUSTICE 1 By: Sismudjito Medan, 1 st December 2007 CHAPTER I INTRODUCTION The Indonesian government system has been widely embraced at first. However,