Konsep “KEADILAN” dalam Pancasila dirumuskan dalam Sila Kedua yang berbunyi, :”Kemanusiaan yang adil dan beradab”, dan Sila Kelima yang berbunyi, “Keadilan sosial bagi seluruh rakyat Indonesia”.  Sila Kedua dari Pancasila yaitu “Kemanusiaan yang adil dan beradab” pertama kali dijabarkan dalam Ketetapan Majelis Permusyawaran Rakyat No. II/MPR/1978, akan tetapi kemudian ketetapan tersebut dicabut berdasarkan Ketetapan MPR No. XVIII/MPR/1998. Dalam penjabaran tersebut, sikap adil digambarkan sebagai: bermartabat, sederajat, saling mencintai, sikap tepa salira, tidak sewenang – wenang, mempunyai nilai kemanusiaan, membela kebenaran dan keadilan, serta hormat menghormati dan bekerjasama dengan orang lain. Sedangkan makna adil dalam sila “Keadilan sosial bagi seluruh rakyat Indonesia” mencakup:  gotong royong, keseimbangan antara hak dan kewajiban, memiliki fungsi sosial hak milik dan hidup sederhana.

Pancasila memberikan pengakuan dan penghargaan kepada kepentingan bersama secara seimbang. Hubungan dan interaksi – korelasi  kemanusiaan dan solidaritas sosial  dianggap sangat penting. Hubungan kerjasama yang disebut dengan istilah “gotong royong” yang dinyatakan dalam berbagai kiasan dan ungkapan seperti “Ke bukit sama mendaki, ke lurah sama menurun” merupakan fakta bahwa nilai – nilai  solidaritas masyarakat Indonesia  masih tetap hidup dan relevan dengan kemajuan jaman.

Konsep “keadilan” dan “sistem demokrasi” yang diterapkan di Indonesia,  berbasis pada Pancasila sebagai falsafah atau filosofi pandangan hidup (way of living) yang mengejawantah dalam Undang – Undang Dasar  1945 sebagai Hukum Dasar Tertulis. Nilai – nilai  keadilan yang dicita – citakan harus merujuk pada  nilai – nilai  luhur (noble values)  yang terkristalisasi dalam Pancasila, sebagaimana dirumuskan pada Sila Kedua dan Sila Kelima. Dengan demikian, konsep keadilan sebagaimana ditegaskan oleh Sila Kedua dan Sila Kelima dari Pancasila harus menjadi parameter bagi eksekutif dan legeslatif untuk membuat setiap regulasi, termasuk Hakim, Jaksa, Polisi dan Advokat serta perangkat Penegak Hukum yang lain dalam menjalankan tugas dan fungsinya menegakkan keadilan.

Writer and Copy Right:
Dr. (Cand.) Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002


About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA).


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