Kamis, 24 Maret 2011

The concept of Pancasila “Berthawaf”

The concept of Pancasila “Berthawaf”

By Turiman Fachturahman Nur

Understanding the meaning of Pancasila has been philosophically there is a tendency juridical hierarchical pyramid structure for this because this is an academic understanding of Pancasila is always based on the views of Prof. Dr. Drs Notonagoro that proposed in the Speech Dies Natalis Air Langga University on 10 November 1955 that currently most referenced and become back when discussing the philosophy of Pancasila. Notonagoro argues, in his book Philosophy Pancasila Association of the Republic of Indonesia, in 1962 argued: "The composition of Pancasila is hierarchis and has a pyramidal shape. If the core essence, the sequence of the five principles indicate a short circuit in this area, each was behind sila sila Another is the specialism of the sila-sila which dimukanya. If the sequences of the five precepts are considered to have an intention so, then there is a relationship among the five precepts that bind one to the other so that Pancasila is a unity of the round.


If we understand the composition of Pancasila in a way such that, then please Belief in God Almighty is the most general and abstract, because his position is so, then please Belief in God Almighty is the basis of the sila-sila another. Precepts Belief in God Almighty is the unity of the round, then the second principle which hierarchically animated by the first principle and then animates the third principle, which is imbued third sila sila sila first and second and fourth principle animates so on. Such is the logic relations.
What's interesting to be criticized is that the composition of the unity of Pancasila Pancasila Sila-sila is hierarchical and pyramidal shaped like a paradigm of the 19th century positivism of Hans Kelsen's theory is very influential with his stufentheory, this concept has not really aligned with the concept of Pancasila state symbol on the shield design of Sultan Hamid II , because the concept is not a hierarchical pyramid, but the concept is to "thawaf" or rotates counterclockwise with clockwise direction, although there are similar statements, that the First Principles of Belief in God Almighty is the basis for sila-sila others but not forming a hierarchical pyramid as Notonagoro views and its adherents.

To clarify the views Notonagoro, the following description is more clearly presented as quoted by Kaelan: "Pancasila consists of five principles, which is an entity that is a single compound is essentially unitary character of the five precepts is a pyramidal hierarchy. Unitary sila-sila Pancasila is a unity of the storied (hierarkies) and pyramidal shape. Understanding math is used to describe the relationship of pyramidal hierarchy of precepts, principles of Pancasila in terms of sequence size (quantity) and also in terms of content and nature (quality). When viewed from the point , then the sequence of the five precepts shows a series of stories in terms of its breadth and content of character, every other principle behind the precepts which are narrower width but more content will be its nature, is a specialization of the sila-sila in his face.
The order of the five precepts that have a mutually binding relationship between the precepts of them by others so it is a unity of the round. In pyramidal-shaped hierarchical structure of unity is the supreme deity, the precepts are the most widely because it is the base (the base) from the four other precepts. The sila-sila formulation of Pancasila unity that is hierarchical and pyramidal shape are as follows; sila supreme deity, is the underlying, involves and inspires sila-sila, just and civilized humanity, the unity of Indonesia, led by the populist wisdom in consultation / representation, and social justice for all Indonesian people. the precepts of a just and civilized humanity, is based on, overwhelmed and inspired by the precepts ketuhan the mighty one, underlying, involves and inspires sila-sila Indonesian unity, democracy led by wisdom in consultation / representation and social justice, the principle of unity of Indonesia, is based on, inspired and overwhelmed with the precepts supreme deity, just and civilized humanity, and underlying causes, including, and animating principle, led by the populist wisdom in deliberation / representation, and social justice for all Indonesian people. led by the precepts of popular wisdom in a consultative / representative, is, based on, overwhelmed and inspired by the sila-sila Belief in God Almighty, just and civilized humanity, and underlying causes, including animating sila-sila and belief in one God, Humanity just and civilized, Indonesian unity and social justice for all Indonesian people. Principles of social justice for all Indonesian people, is based, covered, and sila-sila animated by belief in one God, just and civilized humanity, unity of Indonesia, and the Populist led by wisdom in consultative / representative "

Sila-unitary formulation relationship that is hierarchical principles of Pancasila and the pyramidal shape when formulated with a simple diagram, are as follows: Sila 1, include, underlies and animates sila-sila 2, 3, 4 and 5 Precepts 2, covered, based on and inspired by the precepts 1, and also underlies and animates sila-sila 3.4, and 5. Sila 3, overwhelmed, inspired by the precepts 1 and 2, and includes, underlies and animates sila-sila 4 and 5. Sila 4, covered, based on and inspired by the precepts 1.2 and 3 and include, underlies and animates Sila sila 4 5, covered, based on and inspired by sila-sila 1,2,3, and 4. Illustration above provides that the formulation of the concept of the Unitary relationship Pancasila Sila-sila complement and qualify each other. Sila-sila unitary Pancasila "Compound Single", "hierarchical pyramid;" also has properties qualify each other and complement each other. It is intended that each of the precepts contained in the values of the four other precepts, or with other words in each of the four precepts always be qualified by the other precepts. (Notonagoro, the State Philosophy Pancasila Association of the Republic of Indonesia, 1962 in Sunoto, Know Your Five Principles Approach through Metaphysics Philosophy, Logic and Ethics, 3rd edition, PT. Hanindita Graha Widya, Yogyakarta, 2000, page 91. Kaelan, State Judicial Education Pancasila, Paradigm, Yogyakarta, third edition, 1999, pages 68-71 Notonagoro, Pancasila In Popular Science, Pantjuran Seven, Jakarta, pages 43-44.)

Historically juridical since 1950 Pancasila is no longer true philosophical meaning of the hierarchical pyramid structure, such as the meaning of Pancasila is the philosophical far but "berthawaf" It is proven by Sultan Hamid II transcripts as described to reporters Solichin Salam Buana News 13 April 1967 when asked the Sultan Hamid II: "inclined two large shield emblem and a shield outside the small middle, because according to Mr pendjelasan. Mohammad Hatta, who was involved in the committee formulating the Five-Principles of nine in 1945 when the exchange of opinion in the Committee of Nine in mid-June 1945, the five principles of the Five Precepts important as the defense of this nation according to him is the first principle Ketoehanan the Almighty, then this nation can survive the next advanced to build the next generation / cadres pedjuang dignified nation / berprikemanusiaan symbolized by the precepts which both the just and civilized humanity, after it was built Indonesian unity third principle, because only with inter-country unite and blend in the United States of Indonesia became the nation is strong, the new building of the next steps of parliament in a democratic country RIS consultative / representative, because with the way that can be together mewudjudkan social justice for all people Indonesia, the basins of the people, for the people by the people because of dedication to the nation and God in God. Top pendjelasan Prime Minister of the RIS, then only the middle shield small input-shaped symbol of unity sila Nur Tjahaya segilima pointed star, symbolizing the idea deserves to know the direction of the Five- Sila was just following the direction of motion when people "berthawaf" / hour in opposite directions Djarum / "gilirbalik" said Borneo language of symbols into one symbol sila sila seterusnja second and, because seharusnja like that as a nation browse / descry sedjarahnja and roots trace back to where the direction of the Indonesian nation was brought forward so as not to lose their meaning spirit and "djatidiri"-them; when mendjabarkan values of the Five-Precepts berbangsanja regarding all aspects of life, such as various messages Jang His Majesty's speech at every opportunity. That then just create an image symbolizing the Five Sila with the concept of spin-motion "thawaf" / turn behind the words in Borneo as a symbol of the concept of building a prediction of the future direction of the Indonesian nation is our journey this tjintai.

"... Philosophy" thawaf "contains a message that the idea of the Five-Precepts could didjabarkan together in developing countries, because it was" thawaf "or turn Kalimantannja behind by language, there is the meaning which makes kembali-membangun/vermogen tudjuannja on a clear target , viz just and prosperous society which coexist in harmony and peace, that by His Excellency the President Soerkarno Jang, referred to in udjungnja falsafahnja direction, namely to build the country but the moral remains high mendjunjung religious values of each religion that is in the bosom of the people nation in parts of the territory of the state of RIS and his people still have the original character in accordance with the "djatidiri" nation / inclined to build a "nation-building character" according pendjelasan Jang His Excellency President Sukarno to the course. (author of the original copy the appropriate spelling)

Based on transcripts of Sultan Hamid II of the above is clear, that the State Seal is designed Sultan Hamid II was trying to visualize the Pancasila into a symbol of the State or memsimbolisasikan precepts of Pancasila and unity is nur light for the fourth and inappropriate other precepts in mind, that RI State Coat of today are historically real RIS state symbol set on February 11, 1950 by the Parliament of the RIS, then the picture became an official annex PP No. 66 Year 1950 this case as defined in Article Article 6: "The Comparison of color and symbol size Republic of Indonesia is as depicted in the annex to Government Regulation This, then drawing the same symbol of the country became an official annex of Law No. 24 Year 2009 on Article 50 The form, color and size comparison of the State Seal referred to in Article 46 through Article 49 contained in the annex are an integral part of this Act, because It is the last picture of the design improvements Sultan Hamid II of the disposition of Soekarno March 20, 1950 and made by him in size and scale of authentic documents submitted to the Supreme Mas July 18, 1974 is currently in a private room Mas Agung Agung Mas Foundation, Kwitang Senen Jakarta.

If we can be exposed to more in-depth exploration of some of the following: First, that since August 17, 1945 until February 10, 1950 State of the Republic of Indonesia does not or do not have a symbol of state and the juridical constitutional concerning the State Seal is not regulated in the 1945 Constitution and a new set after accommodating the recommendations of the National Seminar on the History of Law of the State Seal in the Kal- Bars, in 2000 and elements of society, Kal-Bar filed a formulation of the 1945 amendment to add Article 36 to 36 A of the state symbol, so the sound is the Garuda Pancasila State Coat of Arms with the motto Unity in Diversity as the recommendations presented at the First Assembly of PAH in 2000, through the Chairman MPR / DPR Akbar Tandjung at the Hotel Kapuas Palace Pontianak, such as thesis research recommendations.
Secondly, For the real history Coat State honesty that is used today is a symbol actually historically RIS countries, since established by Parliament on February 11, 1950 RIS constitutional mandate of Article 3 paragraph 3 RIS Government established the State Coat of stamp duty and, later, when the RIS changes to the RI state symbol in 1950 under the Provisional Constitution of RIS are then became an official annex PP No. 66 Year 1950 as defined in Article 6 "Shape Comparison of color and symbol size Republic of Indonesia is as depicted in the annex to this Government Regulation" and then the second amendment to the Constitution since 1945 in 2000 , picture symbols RI State official in the appendix PP No. 66 Year 1950 later became official attachment of Law No. 24 Year 2009 as affirmed in Article 50: "Form, color and size comparison of the State Seal referred to in Article 46 through Article 49 listed in the appendix accompanying this Act.

Third, the historical background that became the State Coat of juridical official attachment PP No. 66 Year 1950 and Law No. 24 Year 2009 is the result of a normative juridical Sultan Hamid II of the draft RIS and the days since the year 2000 became a constitutional state attribute as a symbol of the RI based on Article 36 A symbol is the Garuda Pancasila state with the motto Unity in Diversity and pursuant to section 36 C 1945 amendment further elaborated into the Law No. 24 Year 2009 ABOUT THE FLAG, LANGUAGE, AND THE SYMBOL OF STATE, AS WELL AS the national anthem, which was previously only provided in Regulation No. 66 Year 1950 About Coat of State Constitution in 1950 as a translation of Article 3 paragraph 3: "Stamp and Seal of State established by the Government" and Government Regulation No. 66 Year 1950 Transitional Provisions enacted under the provisions of Article II of the Constitution in 1945.

Fourth, an analysis of legal history since 1978 in a statement Bung Hatta Bung Hatta book, answer, page 108.112 which states that what makes a symbol of the state is the Sultan Hamid II and inaugurated the use by the Cabinet RIS dated February 11, 1950 and accepted by the Government and Parliament, who emerge polemic designing the actual state symbol, and the last statement Akmal Sutja, 1986 in the book Around the Garuda Pancasila, p. 78-79 states until there is research that can be trusted on this matter, would be acceptable only information bung Hatta, that Sultan Hamid II, which has got inspiration brilliantly to lift back the original symbols of the Indonesian people who have been honored by the Indonesian nation throughout its history, Bung Hatta Because one of the leaders who are trusted enough time to be vice president, membernarkan this opinion, rather than presumptions based on the background of Muhammad Yamin only "and This statement, in 1999 Author (S2 students Turiman UI Master of Legal Studies Legal Faktulas Untan) raised thesis research in the form of normative juridical approach to the legal history of state symbol for 2 (two) years to prove scientifically, that the true Sultan Hamid II who designed the Coat of State who form a picture like this, that in 1950 the days of RIS.

Fifth, that the State Coat of Garuda Pancasila with the motto Unity in Diversity is a symbol of the ideology of Pancasila and this was emphasized by President Soekarno, July 22, 1958 "Eagles Eagles, garuda right-wing and left wing berelar 17 fruits, with a tail that berelar 8 fruits, dates 17 months 8, and the berkalungkan shield depicted on the shield of Pancasila. The written underneath artificial seloka professor Tantular "Unity in Diversity", Bhina Ika Tunggal Ika, a single manifold ..... but such has been glued Coat People inside the heart of Indonesia, so that this symbol has become flesh and blood in his love of the people of Indonesia to the Republic, so that the disaster will be highly exalted spiritual foundation of our country if it be changed, if the State was not established and dilangengkan: Pancasila. For now the state emblem that has been loved by the people of Indonesia until the outposts to the village is a symbol that bersendikan to Pancasila. Something changes from the State Association of bringing change to the state symbol. "

Sixth, Prof Dr Drs Notonagoro in Speech Dies Natalis Langga Air University on 10 November 1955 at this time many referenced and be back when discussing the philosophy of Pancasila. Notonagoro argues, in his book Philosophy Pancasila Association of the Republic of Indonesia, in 1962 argued: "The composition of Pancasila is hierarchis and has a pyramidal shape. If the core essence, the sequence of the five principles indicate a short circuit in this area, each was behind sila sila Another is the specialism of the sila-sila which dimukanya. If the sequences of the five precepts are considered to have an intention so, then there is a relationship among the five precepts that bind one to the other so that Pancasila is a unified whole. Since the year 1955 that purport Pancasila taught to students and students throughout Indonesia and tends to be understood by the philosophical meaning of Pancasila legal penstudi hierarchical pyramid structure affected and impressed from Positivism paradigm or theory of Hans Kelsen Theory Stufen then forwarded various penstudi philosophy of Pancasila and Indonesian law.

Seventh, Transkirp Sultan Hamid II dated 13 April 1967 states: "It must be understood that the symbolization of ideas just follow the direction of motion when people" berthawaf "/ hour in opposite directions Djarum /" gilirbalik "said Borneo language of symbols into one symbol sila sila second and seterusnja, because seharusnja like that as a nation browse / descry sedjarahnja and roots trace back to where the direction of the Indonesian nation was brought forward so as not to lose their meaning spirit and "djatidiri"-them; when mendjabarkan the values of the Five-Precepts berbangsanja relate all areas of life, such as various speech messages Jang His Majesty at every opportunity.

Clarify and explain in clear, that Pancasila is the philosophical "berthawaf" later on July 9, 2009 date of enactment of Law No. 24 Year 2009 About FLAG, LANGUAGE, AND THE SYMBOL OF STATE, National Anthem and also the Official Gazette No 109 and Supplement No. 5035 on Article 48 paragraph (1) states: "In the midst of a shield as referred to in Article 46 there is a thick black line depicting the equator. Paragraph (2) At the shield as referred to in Article 46 there are five pieces that embody the basic space of Pancasila as follows: a. basis of the supreme deity, symbolized by the light in the middle of the shield-shaped five-cornered star, b. The basis of the Fair and civilized humanity symbolized by the rope chain and square-edged circle at the bottom left of shield; c. basic unity of Indonesia is represented by a banyan tree in top left of the shield; d. Populist basis that Led by Wisdom Wisdom in Consultative / Representative symbolized by the bull's head in the top right of the shield; and base e. Social justice for all Indonesian people symbolized by cotton and rice in the lower right of the shield.

Based on the text kenegaraaan in Law No. 24 year 2009 on Article 48 above is not philosophical Pancasila unstructured "Hierarchical Structure of the Pyramid" as the view of Prof. Notonagoro but was "thawaf" as the views of Sultan Hamid II, do people interpret Pancasila Indonesia with a philosophical or philosophically berthawaf hierarchical pyramid which actually aligned with sunatullah, that actually what is in the heavens and the earth and the DNA inside human being berthawaf, at the level of the Indonesian context it is clear that the first principle is the supreme deity guiding star and light for the fourth nur other precepts as stated President Sukarno: Soekarno ( 1945), among others, said: "The principle of the Godhead! Not only do the Indonesian people to God, but each Indonesian people should be to God, his Lord alone. The Christians worship God according to the instructions Isa Al-Masih, a Muslim who was the prophet of God according to the instructions Muhammad SAW, Buddhists perform worship according to the books with him / her. But let us all to God. It should be the country of Indonesia is the country that each person can worship the Lord in a way that freedom. The whole people of God should be to a culture that is with no "religious egoism". And should the state of Indonesia one State that had the Lord! ". (Sukarno in Sunoto, Know Your Five Principles Approach through Metaphysics Philosophy, Logic and Ethics, 3rd Edition, Hanindita, Yogyakarta, 2000, page 72) this view is also consistent with the view of expert knowledge Asshiddiqie administrative law: "Precepts Belief in God Almighty is the precepts first and foremost that illuminate the four other precepts. The view to the deity is embodied in ideas of a just and civilized humanity. Encouragement of faith and devotion to God Almighty that determine the quality and degree of humanity someone among fellow human beings, so the fairy society and state can grow healthy life in a structure that is fair, and thus the quality of civilization can grow in dignity among the nations. The spirit of the supreme deity, it must also convince all the Indonesian people to unite under the rope of God the Almighty. The differences between fellow citizens Indonesian state based on Pancasila. In container country, its people are citizens. Therefore, in order to citizenship (Civility), no need to question about ethnicity, religious belief, color, and even social status. The important thing seen is a person of citizenship status in container country. Every citizen is the people, and that's a sovereign people in the country of Indonesia, where sovereignty is manifested through consultative mechanisms and institutionalized through a system of representation. The four basic precepts or that country, ultimately aimed at realizing social justice for all Indonesian people . (Jimly Asshiddigie, Indonesian Constitution and constitutionalism, the Court and the Center for Constitutional Law Studies Faculty of Law University of Indonesia, 2004, pages 52-53). we still self-conscious as a nation that relegius to understand the identity of the nation through the philosophical berthawaf Pancasila state symbol, reflect the views of Sukarno in his lecture on Basic Philosophy Pancasila State (1960), among others, affirmed: "Religion does not require territoor, religion is also about humans. But see any religious people, - I'm religious, you are religious, Christians in the Roman religion, the Christian religion in the Netherlands, the Englishman who sat in London in a religion, in short, a religious man in his religion does not recognize territoor, when he moved his mind the purposes of the state, he should not have to stand on territoor, above the region. No country, even though that country called Islamic countries, without territoor. Pakistan calling itself the Islamic State, Islamic Republic of Pakistan, admitted territoor anyway. Even the founder of the Republic of Pakistan, namely Mohammad Ali Jinnah, he said - this historic speech -: "We are a nation". This is one argument of the Mohammad Ali Jinnah when he founded Pakistan. Not only was he said "We Are a" religion ", we are one religion he said:" We Are a nation ", we are one nation (in Sunoto Soekarno, Pancasila based approach to Know Metaphysical Philosophy, Logic and Ethics, 3rd Edition, Hanindita, Yogyakarta, 73 pages ) the real world, not to Islam but of Islam to the world of the Qur'an not only to Islam but the Qur'an to the world, because real human guidance Qur'an (Sura 3 verse 138), the Islamic longing for peace is genuine joint with others, unless this nation is not want to live in peace or national elements have been out of orbit (orbit) like planets out of orbit, then wait for its demise!, do not want to declare the President formally state that the designer drawing the symbol nation state of Indonesia is the son of Kal-Bar Sultan Hamid II as he promised before the Sultan in Pontianak, also in the room at the Palace of Sultan Muhammad Kadriah, remember the message of Al-Quran Allah has told you to convey the message to the right to receive it. And when ye judge between man, the determination that the law should be fair, that God has given it his best teaching you. Surely Allah is Hearing and Seeing, O ye who believe! You shall be standing upright on a fair truth simply because God in giving testimony, and Do not let hatred of a people to influence you to act unjustly. Adilah valid because it was just closer to piety. Therefore bertaqwalah Allah! Surely, Allah knows what you do. Quran Surah Anisa (4) of paragraph 58 and the Qur'an Surah Al anymore (5) of paragraph 8) and to realize the will of people who have died are mandatory! And the vows of a leader must be realized, since vowed to God, not vowed to the people Kal-Bar, the wrath of Allah to mankind that is reluctant to realize the vow or the Indonesian nation is there still a godless nation and moral values considering kemosrotan happened and dipertotonkan to children of the nation! . (The writer is a student and observer S3 UNDIP history of law and administrative law Untan).

By: Turiman Fachturahman Nur, email qitriaincenter@yahoo.co.id, Hp 08,125,695,414. Legal History Researcher First State Coat of Indonesia, in 1999 UI

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