Settlement of Indonesian disorientation of democracy: perspective of legal culture

Doctoral Program in Law, Graduate School, Universitas Sumatera Utara, Medan, Indonesia

^* Corresponding author: yusrizal.1986@gmail.com

Abstract

The orientation of Indonesian democracy is the establishment of an Indonesian rule of law based on Pancasila. The disorientation of Indonesian Democracy caused the unstable political situation, uncontrolled freedom of press, uneven law enforcement. This situation has resulted in the low quality of democratic implementation in Indonesia compared to ASEAN countries. This research uses a normative juridical method with qualitative. The theory of “law is the spirit of the volk” which pioneered by von Savigny and the theory of legal system by Friedman will be the theoretical analysis in this research. Based on theory law is the spirit of the volk by Savigny, the current Indonesian state administration is not in accordance with the culture and history of the Indonesian nation. The cause of disorientation of democracy in Indonesia, first, the existence of cultural degradation of society. Second, the destruction of the legal and political system. Third, uncontrolled freedom of press. Pancasila as the volkgeist (spirit of the nation) of Indonesia should be the basic of state administration. Based on the legal system theory, the revitalization of Pancasila’s values and the legal culture education is the solution to resolve disorientation of Indonesian democracy.