EKSISTENSI DAN DINAMIKA SISTEM HUKUM INDONESIA DALAM PERSPEKTIF HUKUM NASIONAL DAN INTERNASIONAL

Abstract

This study aims to analyze the existence, dynamics, and challenges of the Indonesian legal system using a dual perspective, namely national law and international law. The research method used is normative juridical through literature study, by examining primary, secondary, and tertiary legal materials. The research findings reveal that the existence of the Indonesian legal system is unique and pluralistic, shaped by the complex interaction between state law (Civil Law heritage), customary law, and religious law, which are united under the umbrella of Pancasila as staatsfundamentalnorm and the 1945 Constitution as grundnorm. The internal dynamics of the system show a paradigmatic transformation from the instruments of power in the New Order era to instruments of justice post-Reformasi 1998, which is marked by constitutional amendments and the establishment of independent law enforcement agencies. The conclusion of this study is that the future of the Indonesian legal system lies in its ability to become a resilient, responsive, and sovereign system. Therefore, it is necessary to strengthen the capacity of the apparatus, a holistic legal policy, and a commitment to consistently apply the law to realize the social justice that is the nation's ideal.