RECONSTRUCTION OF LAW AND IDEOLOGY IN INDONESIA^S LEGAL DEVELOPMENT Dodi Haryono
Law Faculty of Riau University
Abstract
The relationship between law and ideology is still debated in the realm of legal studies in Indonesia. On one hand, some scholars have a negative perspective about the relationship between law and ideology, so they reject it. On the other hand, some scholars have a positive perspective and they emphasize the importance of ideology in law. If ideology is necessary and it^s cannot be eliminated in the life of a society, then the discussion of the relationship between law and ideology cannot be eliminated in legal studies. The question is how ideology should be positioned in Indonesia^s legal development. This article explains three important issues about the relationship between law and ideology in Indonesia. First, it describes the relationship between law and ideology theoretically. Second, it analyzes the practical implications of the relationship between law and ideology in Indonesia^s legal development. Third, it proposes the reconstruction of the ideological position in Indonesia^s legal development. The method is legal normative with a conceptual and philosophical approach. This article recommends that the relation between law and ideology must be reconstructed clearly which is it can be used as the main reference for Indonesia^s legal development based on Pancasila, especially in the new normal era.
