Pancasila As a Source of Law “Das Sollen” And “Volkgeist” In Indonesia Law Renewal

. Since the Proclamation of Independence August 17, 1945 until now, explicitly or tacitly, consciously or not, the unitary state of the Republic of Indonesia has inherited the remnants of the colonial legal order which consists of its structure (including all forms of the process) and its substance, but systemically changes have been made in the framework of national law reform. The problems that arise from this paper, namely; What is the position of Pancasila as a source of law "das sollen" and "volkgeist" in the renewal of Indonesian law (study in the context of the quo vadis legal reform in Indonesia)? After the proclamation of independence, the development of Indonesian law tried to break away from colonial legal ideas which fully became the substance of national law. However, the fact is that there are factors that are difficult to deny in the framework of building an Indonesian national legal system that is completely separated from the tradition of the colonial legal system. This condition is the entire path of the development of the legal system in Indonesia which has actually been built and clearly defined based on the configuration of the legal principles of colonial government power. Even so, it seems that to build national law by starting from zero, the configuration of new legal reforms that still have to be found does not mean losing the legal basis with a national law dimension that can create modern law. This means that Pancasila still has formal legitimacy to be used as a source of all sources of legal order. Therefore, to adapt to the reform era, including the field of national law development, the desire to build a legal system that is more Indonesian in character with all its attributes of authenticity is indeed a hope (das sollen). Ideally for a modern national law in the era of globalization in addition to containing "local characteristics" such as the ideology of the Pancasila nation, and the nation's traditions, Pancasila as a source of law and the philosophy of the Indonesian nation, is a manifestation of the personality and character of the Indonesian nation or in other words as a form of civilization. the Indonesian people, who deliver ideas for legal reform and as a source of all sources of legal order, and have an attachment as a basis for legal reform in Indonesia.