Academic Paper

Second Article of Pancasila and The

Implementation in Indonesian Society

Name : Amalia I.
NIM
: 311403
Batch : 2011
Course : Indonesian Values and Ideology
Lecturer
: Syamsuddin, Mukhtasar, Ph.D of Arts

This paper is written as a requirement of

Indonesian Value and Ideology course
First Semester, 2014-2015

Faculty of Economics and Business

Universitas Gadjah Mada
2014
Pancasila as the ideology of Indonesian nation has fundamental
vision that is based the nature of humanity. This basic vision is what

gives communal life in Indonesia a purpose and direction. Natural

characteristics of Pancasila are derived from values related to
humanity since humans are basically the main ancillaries of a
nation. The essence of humanitarian is contained in the second
article of Pancasila; Just and Civilized Humanitarian.
Just and civilized humanitarian is an idea that upholds the dignity of
human. This remarkable idea was introduced by Soekarno, who at
that time saw the condition where Indonesian natives were not
respected by the Dutch colonists. Soekarno took this thought
seriously and as a concrete action against human right violation, he
inserted the idea into Indonesian ideology, together with others who
took part at the formulation of Pancasila. Moreover, this particular
article that is contained in Pancasila. is stated clearly in the opening
of Indonesian Constitution 1945 that is perceived as the purpose of
Indonesian nation. The sentence said, Independence is the right to
every nation and thus, colonialism should be abolished from the
world because it does not correspond with justice and
humanitarian.

The essence of just and civilized humanitarian

According to Dewan Perancang Nasional, humanitarian is the effort
and contribution from human to build and form unity and
acceptance among each other, not limited to any factor but instead,
all humans with no exception. While according to Soekarno,
humanitarian is what comes from spiritual, cultural, and social
growth.
The meaning of the article just and civilized humanitarian is a
moral consciousness and behavior that are based human potentials
in relation with norms and culture, generally to themselves, to
others, and to their environment. Just implies that human dignity,
as a civilized creature, should be fair and just in relationships with
each other, with the whole society and the state, with the
environment, and also with God. This article has a meaning that
being civilized should be emphasized and imposed in values in daily
life, like courtesy, manners, politeness, ethics, culture, technology
adaptation, and many others. All the above aspect should have a
side purpose of keeping people in track, by being civilized and
respectful with each other as fellow human beings. In a nutshell,
being civilized is highly needed to control and guide people.
The main ideas of just and civilized humanitarian consist of:
1. Putting human beings in accordance to their nature as Gods
creation, which means that humanitarian is universal.
2. Uphold independence as the right to every nation and respect
the right of citizen to reject racism.

3. Manifesting strength in justice and civilization.

Implementation by the government

The essence of just and civilized humanitarian has existed since the
establishment of 1945 Constitution and as a member of United
Nation, Indonesia should be obedient to United Nations Declaration
of Human Right. However, at that time, particularly under the
governance of Soekarno, there were so many phenomena that were
not in accordance to human right in reality. It happened because
United Nations Declaration of Human Right was not socialized to
the media or society. It was not an obligation for the citizens to
acknowledge and understand the declaration. As a result, only a
small part of the society, which were mainly law practitioners and
non-governmental institution active in the field of human right.
Especially after the second amendment of 1945 Constitution in
2000, there has been a law enforcement for every of Indonesian
society to acknowledge and learn the fundamentals of human right.
This is highly necessary to prevent any violation that may occur due
to the lack of knowledge and understandings.
An example of implementation of just and civilized humanitarian in
Indonesian law is supremacy of law, which is contained in the article
28D clause (1) of 1945 Constitution, Every human being has the
right to recognition, assurance, protection, and certainty in just
law.

Implementation in the society

The forms of implementation that should be practiced by everybody
in the nation is, above all, recognizing equality of dignity, right, and
obligation of all people. Everybody should see others with no
difference, as we are all Gods creation. We should never take such
irrelevant aspects as religion, race, hereditary, skin color, social
status, gender, and others into consideration in behaving towards
others.
Members of the society are expected to be able to love each other,
while developing tolerance and upholding values of humanity. It
means, people should never be arbitrarily stared to each other.
Instead, as a part of a greater society, people are encouraged to
help each other. Being good to others will foster the sense of
belonging and affection that may lead to a habit of behaving
honestly, sincere, helpful, solidary, and respectful. People should
hold in heart a willingness and bravery to stand up for whats right.

The society must at least agree and support that independence is

the right to every nation. At the next level, it would be remarkable if
one can do something in manifesting the absence of colonialism.

Practices of Violation
Among so many examples of violation, a common classification is
vertical violation and horizontal violation. Vertical violation of second
article is any deed or action of a party to people of lower
constitutional level, which is not concurrent with values of humanity.
While vertical violation is done by using power of higher authority,
horizontal violation is performed by people in the society towards
each other.
The most prevailing example is colonialism. During colonialism,
practices of humanity violation are very common. Colonialists have
the tendency to dominate and utilize the society through their
governance. It is often that they only take their own matters as
consideration, while ignoring the welfare of society and
environment. The victims of vertical violation like colonialism often
could not do much because the colonialists are supported with
better network and resources. For example, the colonialists are
usually more exposed to technology rather than the native citizens.
They are equipped with better security and protection like military
army or other elements like police, network to attorney, judiciary,
and numerous others.
It is also very easy to happen in the government because people
who are a part of government are perceived to have more power.
Government is supposed to provide security to society but in reality,
they might perform repressive governing that overshadows the
citizens in fear of their high authority. Unfortunately, this practice
has occurred since the beginning of Indonesian independence up
until now. Independence that should have given total freedom for
society is converted into another form of colonialism done by our
own government.
There are also many examples of phenomena related to security
and military apparatus. Human right enforcement in Indonesia is
becoming dull, which is an indication that military forces still have a
dominant power in Indonesian government, that is actually
supposed to be a democratic country. First example is the
incomplete investigation of four Trisakti students murderer in May
1998. Other example is that it is never revealed who were the
commanders behind the incident on May 13-14, 1998. There was
also ambiguity and confusion in Munir murder investigation, and
there were still many other examples.

Meanwhile, violation can also be done among fellow citizens, which

is called horizontal violation. Simplest think like forcing people to do
things they dont want to is considered as a violation, whether it is
done by an organization or individually. Case that is currently
highlighted in Indonesia is premanisme or troubling civilian. Even
worse, premanisme is not taken seriously by law enforcement
because they gain some kind of personal benefits.
A common example is illegal collection that is performed towards
public transportation drivers. Some unauthorized civilian ask for
money from them in the amount that they set themselves, while
threatening the drivers that they will do terrible things if the drivers
refuse to pay. This thing has been going for years and nothing from
the government has succeeded to stop it yet. The same thing
happens to sellers in streets, traditional markets, or small stalls. This
is even commonly done by mass organizations that cooperate with
political parties.
Concisely, the practice of premanisme is very common, as ordinary
citizens often have no power to fight back. Tragically, law
enforcement and any apparatus that are supposed to help do not
provide sufficient help because sometimes they get paid by the
violation actors to back up their mistakes.

What government and society should keep in mind

In accordance to article 28I clause (4) 1945 Constitution; protection,
development, enforcement, and fulfillment of human right is the
obligation of the nation, especially government. This is a heavy task
that must be carried on governments shoulder as the consequence
and duty for being chosen to be trusted through choice making in
democratic process. The society will evaluate whether or not the
duty is implemented properly by the representatives from time to
time, or if it is just like in the new order where election is just a
formality while the essence of capability in solving national
problems is not comprehensively manifested.
While attempting to find leaders who are able to solve our national
problems, what we can do as citizens are upholding the second
article of just and civilized humanitarian in our daily life.

References

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Negeri Yogyakarta.
Kaelan, 1993. Filsafat Pancasila.Yogyakarta: Paradigma.
Muzayin, 1990. Ideologi Pancasila. Jakarta: Golden Terayon
Press.
Paradhita, A. 2011. Penerapan Nilai-Nilai Pancasila dalam
Bidang Profesi Manusia. Yogyakarta: STMIK AMIKOM.
Zulfariani, M., 2013. Implementasi Nilai-Nilai Pancasila. Riau:
Universitas Riau.