ILMU NEGARA DAN PENGANTAR HUKUM INDONESIA: NEGARA HUKUM PANCASILA SEBAGAI JEMBATAN KONSEPTUAL DALAM PEMBENTUKAN KESADARAN HUKUM NASIONAL

Abstrak

This study examines the relationship between State Science as a theoretical discipline on the nature and form of the state, and Introduction to Indonesian Law (PHI) as a discipline that contextually introduces the national positive legal system to law students. PHI differs fundamentally from Introduction to Legal Studies (PIH) which is universal in nature: PHI specifically addresses the legal system operative in Indonesia with its three normative layers, state law, customary law, and religious law, a configuration not found in equivalent form elsewhere. This study argues that the relationship between State Science and PHI is historical contextual: to understand why PHI takes its plural form, students must understand how Indonesia as a state was constituted, a process of formation that constitutes the core material of  State Science. Normative legal research methodology is employed with historical, conceptual, and statutory approaches. The study finds that the concept of the Pancasila rechtsstaat constitutes the strongest conceptual bridge between State Science and PHI, and that Indonesian legal pluralism can only be fully understood within the framework of political-legal choices made at the time of state formation. The study recommends a pedagogical approach that explicitly integrates Indonesian constitutional history into PHI.

Keywords: State Science, Introduction to Indonesian Law, Pancasila Rechtsstaat, Legal Pluralism, Indonesian Legal History