HOW WE CAN REALIZED LEX SEMPER DABIT REMIDIUM AT THIS COUNTRY WITH PANCASILA DEMOCRACY?

 

I. A BRIEF STORY OF PANCASILA DEMOCRACY

Indonesia is a country from South East Asian with the many unique and differences of a culture, race, local languange, religion, and more. So therefore Indonesia need a one and only ideology to make a unity for themselves country and thats call it Pancasila. Pancasila also spelled Pantjasila is a five principles and Indonesian state philosophy. The name made is from two words Sanskrit: “pañca” (five) and “śīla” (principles precepts). Pancasila by composed of five principles:

1. Ketuhanan yang Maha Esa (Belief in the one and only God)

2. Kemanusiaan yang adil dan beradab (Just and civilized humanity)

3. Persatuan Indonesia (The unity of Indonesia)

4. Kerakyatan yang dipimpin oleh hikmat kebijaksanaan dalam permusyawaratan/perwakilan (Democracy guided by the inner wisdom in the unanimity arising out of deliberations among representatives)

5. Keadilan sosial bagi seluruh rakyat Indonesia (Social justice for the whole of the people of Indonesia)

Pancasila was influenced by certain aspects of selected world values and ideologies, such as nationalism, humanitarinism, individual rights, freedom of religion, democracy, socialism. The need to unify this diverse country also led to the formulation of the national motto, Bhinneka Tunggal Ika it means unity in diversity. It declares the essential unity of its member despite ethnic, regional, social, or religious differences.

Pancasila has a important role to being ideology as guide system democracy for Indonesia. It means Pancasila Democracy have a similarity with Indonesian character, example the point of deliberations for any cases from local to national things especially if talked about simple and complicated problem from around the Indonesia area.

Pancasila Democracy is the suitable system for Indonesia citizen. As a concept and implementation for democratic system, it would be useful. Pancasila Democracy is essentially the norms regulating to conduct people’s sovereignty and the running state government, political, economic, social, cultural and defense for Indonesian both of central and regional levels. Pancasila Democracy is a middle path that must be addresed wisely because it is a unifying alternative beteween Indonesia multicultural society.

II. THE MEANING OF LEX SEMPER DABIT REMEDIUM

Lex Semper Dabit Remedium it means The law will always give a remedy. A maxim meaning that every violation of a legal right should give rise to some form of remedy to the aggrieved party. Basically law isn’t inhibitor but law is a solution for every case. Law will always give medicine if law have according to its function for give a solving honest, independent and fair. Law never fails if law provide equal justice. As we know at Indonesia in the some cases, the function of law is fails because they have disproportion for another side and it would be dangerous. If law fails aggrieved party will have illness and the end law never give a remedy for them. Lex Semper Dabit Remedium must be corresponding with adaptability based from existing system at our country to realized the adage with system from the country.

III. THE LINKAGES LEX SEMPER DABIT REMEDIUM WITH PANCASILA DEMOCRACY

Lex Semper Dabit Remedium and Pancasila Democracy have a similarity and cohesiveness to make a success for the system and law for our country. It so potential if we can arrange the order in a better method for future our country. Lex Semper Dabit Remedium can make remedy for Indonesia Citizen from the function and Pancasila Democracy is the system at our country, especially the system focused as guide system democracy for Indonesia with similarity character Indonesian citizen.

If we talk about law we must thinking too the system from the country. Pancasila Democracy will be sustainable with adage Lex Semper Dabit Remedium, maybe it feels like wishing and dreaming but if we can trust from government, citizen, system and law it is never being failed. Because something will failed if the another side have inappropriate scales and it so unfair.

Example cases : If Indonesian obey with Pancasila and they doing corruption, God will be hate for all the sins. It based on first principles from Pancasila “Ketuhanan yang Maha Esa” (Belief in the one and only God). Is the corruption provide a justice for Indonesian citizen? We know, if state officials doing corrupt where is all the assets come from? The assets come from tax all Indonesian people and Indonesian pay the taxes for to build up ourselves country. At the other Indonesian people will be the loss party and it make the country never develop as well. Indonesia would still in the same place because the corruption people still here. The other impacts Indonesia never get the proceed and many citizen with poverty level is really high, and obstruct all the development. It make a pain with system and law never being a medicine for us, if all structure unaware for the important things, it makes destroyed for us. Either Lex Semper Dabit Remedium and Pancasila Democracy if they obtain as well we can get a point for our better country.

IV. HOW WE CAN REALIZED? WHAT THE CONCLUSION?

With the law Lex Semper Dabit Remedium and Pancasila Democracy, namely where the law will always give medicine in our democratic country. With the rearranging any side, it would be useful. From the government, citizen, and system it will be fine if we are together to make a better future. Self-awareness is big choice for realized the good system for good government and good governance. As long as we can try, something will not fail if we can trust and try.

Reference:

- https://journal.uinjkt.ac.id/index.php/SOSIO-FITK/article/view/2815/0

- https://www.wikiwand.com/en/Pancasila_(politics)

- https://www.britannica.com/topic/Pancasila

- http://ejurnal.balitbangda.kukarkab.go.id/index.php/gerbangetam/article/download/62/44/84#:~:text=Penerapan%20demokrasi%20pancasila%20jelas%20lebih,oleh%20rakyat%2C%20dan%20untuk%20rakyat.

- http://bandungkota.bawaslu.go.id/berita-demokrasi-pancasila-bukanlah-barang-jadi.html#:~:text=Demokrasi%20pancasila%20sebagai%20sistem%20demokrasi,untuk%20mufakat%20bagi%20kesejahteraan%20rakyat.

- https://journal.formosapublisher.org/index.php/eajmr/article/download/80/77

- https://www.itb.ac.id/berita/detail/57866/hukum-sebagai-solusi-dalam-kegiatan-pendidikan-tinggi

- https://www.oxfordreference.com/display/10.1093/acref/9780195369380.001.0001/acref-9780195369380-e-1298;jsessionid=3EDC7F68A2DA7C0A5E8D0DD703C2B233#:~:text=%E2%80%9CThe%20law%20will%20always%20give,.%20...%20...

- Study of Law and Democracy on Lex Semper Dabit Remedium During the Pandemic 2020 in Banten Province Septia Salikhah Utami1, Bambang Herlambang Irawan Nurraid2, Citraresmi Widoretno Putri3* Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta