INSTITUTIONALISING PANCASILA-

BASED AUTONOMOUS
CONSCIOUSNESS TOWARDS IDEAL
STATE OF SOCIAL ORDER

Hayyan ul Haq
Law Faculty, Mataram University , and
CIER, MI, Law Faculty, Utrecht University, The Netherlands
 Structure of Dialogue
Chaotic problem in Legal Endeavors
Visualizing architecture of PANCASILA-based
Autonomous Consciousness for ideal state of
social order
Institutionalizing and Embodying
PANCASILA-based Autonomous Consciousness
at the theoretical and practical legal endeavors
 Example:
Chaos in Eradicating
Corruption. 1

Judge
Police

PROSECUTOR/

KPK

Korupsi
Local Area

National Area

Global Area
 Example:
National Media, news, CHAOS in
radio, television, ERADIACTING
CORRUPTION. 2
National
Governance Administrative &
Supporting staff

Other Legal
Officer (Union)
KORUPSI

KPK

Local Area
Other Profesional
Polisi
Association

National Area

Global Area
 Ideologues, Interests
Publishers, universities, and influencers
creators, scientists, and UN, WTO, WB, ADB,
other suppliers of knowledge Transparancy Int. &
PRESIDENT
Other Administrators
Regional Media
National Media, Example:
(film, drama, etc)
news radio, Chaos in ERADICATING
television CORRUPTION 3
NATIONAL
Community
GOVERNANCE Local Government, and its
Institutions supporting staff administrative
(School, Mosques,
Legal Study Centres,
Legal Comunities Other Legal
Judge Officers (Union):
CORRUPTION
Extended, Observers,
Controller for
Legal Officers & KPK Local Area
their Networks
Prosecutor Other Legal
POLISI
Professional:
Private businesses
PERADI, IKADIN
(employing NGOs and
Indigenous People
Activists/Exponents) National Area
Internasional Media, New Resourcews for knowledge,
Global Area
news, internet, and other interactive
opportunities for learning outside the Iegal community and society
 Mapping Problems
Corruption

Uncertainty,
Complexity

Symptom Wrong
Substance (undesired effects) Community
of law

Structure Core problems

of Law

Root Cause:
Autonomous Consciousness
 Problem Analysis:
INCOHERENCY IN LEGAL SYSTEM
(Vertical &Horisontal and Internal &external)

V
LEGAL SUBSTANCE:
E NORMS,VALUES
R
T
I LEGAL STRUCTURE
C
A
LEGAL CULTURE:
L INDVIDUAL AND COLLECTIVE
CONSCIOUSNESS

HORISONTAL
 Self Identity: Basic Concept

3. Consciousness Element 3. Self = A + B + C

(Noosphere = C)
C Values Norms
S D
S E
G
2. Life Element
E
C R
O (Biosphere = B) E
2. Flora and Fauna = A + B
R E
P

1. Material Element
(Physiosphere = A) 1. Material = A
8
 In Practical Life, we create material and
immaterial products through values, practices
and resources

Values

Resources Practices
 Values, practices and resources exist in any
components of social system

Recognitive
Learning
Driving
Forces values
Individual and
Household
Resource Practice

Government Community
 All components of social system work
interactively through values, practices and
resources

Driving
Forces Values
Individual &
Household
Resources Practices

Values Values
Government Community
Resources Practices Practices
Resources
 Values of the three components in Social
System must be in coherence
(inseparable)

Driving Values
Forces Individual &
Household
Resources Practices

Values
Values
Government Community
Resources Practices Practices
Resources
Expanding Scope of Unity and Sustainability

Values, Practice
Emergent
and Resource
Individual/ Process
Household Learning

Unity and
Unity of Sustainability
Organization/ RECOGNITIVE
Social System LEARNING - BASED
LEARNING COMMUNITY
 Theoretical Framework 1: Autonomous and
Collective Character

Circularity Principle under Systems Theory

STRUCTURE

EMERGENCE INFLUENCE
PROPERTIES

BEHAVIOUR
Theoretical Framework 2

Individual
Consciousn
ess

Societies
Consciousne
ss
 Theoretical Framework 3:
Circularity Principle under Systems Theory

NORMS

EMERGENT
PROPERTIES INFLUENCE

COLLECTIVE
CONSCIOUSNESS
ARCHTECTURE OF PANCASILA BASED AUTONOMOUS CONSCIOUSNESS

NORMS,
JUSTICE REGULATION
PANCASILA
BASED
COLLECTIVE
CONSCIOUSNESS

UNITY COLLECTIVE
VALUES

PANCASILA BASED
AUTONOMUS
CONSCIOUSNESS

GOOD INTERATION
BASED RECOGNITIVE
SUSTAINABILITY LEARNING
 Autonomous Consciousness, Values, and Norms

IDENTITY

VALUES

NORMS
LEARNING
COMMUNITY
ARENA

AUTONMOUS
AND COLLECTIVE
CONSCIOUSNESS DYNAMIC
CIRCULARITY

* 6
 Recognitive Learning in Life-World

What ?: Intersubjectivity When ?: Interaction between

IDENTITY subject and subject
Who ?: Individual
and Communitites Where ? In Community

Substance ?: Interaction, How ?: Listening and Dialogue

Relationship and Dialogue

Learning Pattern & Mechanism? Pattern of Relationship ?: Invariant,

Non-Material Mutual, Dialogic, Circular and
Non Located
Unseen
Recursive, Consensual. All are
Recognition: love, empathy, sympathy participants and insiders (we language)

Output?: Capability and

competence in building Dialogue is required to create
relationship with others consensus
 Model Recognitive Learning
(Actor Perspective)

Ideal
Order

Emergence:
Learning Arena
Learning Arena Norms,
Recognitive Regulation,
Individual and Collective Dialogue &
Consciousness
Action Policy,
Legal
Institutions

Current
Reality
 EMBOYING JUSTICE-BASED
AUTONOMOUS CONSCIOUSNESS

NORMS, REGULATIONS,
POLICIES, CONTRACTS

STRUCTURE: PANCASILA FUNCTIONING/

JUSTICE, BALANCE CAPABILITIES,
FREEDOM, WELL-BEING

CREATIVITY AND

Mutual Coercion as Catalist:

PRODUCTIVITY
Cohessive values to strengthen unity,
such as Exclusive Right, Social Function
and Public Interest for the Greatest
Benefit of the Greatest Number

LEGAL AND GOVERNANCE

PROGRAMS /ACTIVITIES
 Conclusion
Autonomous Consciousness as a basis of collective consciousness
Collective consciousness as a basis of collective norms
Regulation is a product (emergent properties) of collective
consciousness
Pancasila is a united concept that answers the identity of human
life as individual, a part of society and a citizen of a state

IDEA: IMPROVING QUALITY OF INTERACTION (MUTUAL

ACCEPTANCE) BASED ON NON-MATERIAL VALUES: Goodness, truth,
beauty, loving, sensitivity, social solidarity, egalitarian, equality, equity, justice,
and other spirit or behavior of individual, community, and institution that
have strong commitment to provide the best contribution to preserve our
unity and sustainability

ACTION: CREATING LEARNING COMMUNITY

DEVELOPMENT: Nurturing Recognitive Learning based Learning

Community
Thank you
Hayyan ul Haq
Faculty of Law, Mataram University, and
Molengraaff Institute for Private Law
Utrecht University, the Netherlands