The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples

This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural systems. However, challenges persist in integrating customary law into the national legal framework, including normative disparities and conflicts of interest. Using a normative juridical method with philosophical, statutory, and case approaches, and drawing on secondary data through literature review, this research finds that the intersection between legal philosophy and Pancasila reflects the value of social justice. Pancasila provides a philosophical and constitutional foundation for recognising and protecting customary law communities while promoting national unity and sustainable development, thereby affirming its role in upholding diversity, justice, and humanity.

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Publication Details

Journal
Pancasila and Law Review
Published
2025-10-14
DOI
https://doi.org/10.25041/plr.v6i1.4210
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples

David Aprizon Putra, Sonia Ivana Barus, Nur Sulistyo Budi Ambarini, Edra Satmaidi et al.
Pancasila and Law Review
Legal and Policy Analysis in Indonesia
article

The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples

David Aprizon Putra, Sonia Ivana Barus, Nur Sulistyo Budi Ambarini, Edra Satmaidi, Ade Kosasih
article en

Abstract

This study examines the relationship between customary law communities and the ideology of Pancasila within Indonesia’s legal philosophy. Article 18B Paragraph (2) of the 1945 Constitution affirms state recognition of customary law communities and their long-standing social, legal, and cultural systems. However, challenges persist in integrating customary law into the national legal framework, including normative disparities and conflicts of interest. Using a normative juridical method with philosophical, statutory, and case approaches, and drawing on secondary data through literature review, this research finds that the intersection between legal philosophy and Pancasila reflects the value of social justice. Pancasila provides a philosophical and constitutional foundation for recognising and protecting customary law communities while promoting national unity and sustainable development, thereby affirming its role in upholding diversity, justice, and humanity.

Pancasila and Law ReviewVol. 6(1)
Fatmawati Hospital (ID), Institut Agama Islam Negeri Curup, University of Bengkulu (ID)
Openalex Percentile: Top 56%
Legal and Policy Analysis in Indonesia
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The Intersection between Legal Philosophy and Pancasila Ideology in Recognising Indonesian Indigenous Peoples — David Aprizon Putra, Sonia Ivana Barus, et al. · Pancasila and Law Review (2025) | TGRS Research Map | TGRS