Settlement of Indonesian disorientation of democracy: perspective of legal culture

Indonesia is the largest archipelagic country in the world with abundant natural wealth. This natural wealth is the basic capital given by Allah the Almighty God to the nation of Indonesia as a managed resource to improve the quality of life and welfare of the Indonesian nation. As a legal state based on Pancasila and the 1945 Constitution, the management of natural resources must be implemented based on the basic ideas and concepts of the state contained in Pancasila and the 1945 Constitution. The meaning of the state is not merely a territorial nation that has full sovereignty because the territory is only a small part of the country. The largest and most substantial part of the state is the unity of politics. The state is the basic institution of political power. Therefore, the state is a law, a territory, a constitution, a society, and a purpose. The state is not something concrete, but an abstract concept of political attitudes and power contained in it. [1] According to Mirza Nasution, the state is an organization among a group or several groups of people collectively inhabiting a certain region that recognizes the existence of a government that takes care of their order and salvation. In a region, the state organization is not the only organization, but there are other organizations (religious, party, community that have their own personalities apart from state problems). Among these organizations, the state is the primary organization in a region because it has an authorized government and is able to intervene in the field of other organizations. An understanding of the existence of the state and the existence of human beings, similar to the view that the social community means the diverse unity of individuals and the actions of a number of individuals in the background of the need for state norms. This is what affirms that the state is not merely a legal reality, but a social reality. The reality of law requires the existence of a social reality recognized by law, while the reality of law as a reality to be obeyed by social reality. The Indonesian nation has poured the goals and ideals of Indonesian independence into the preamble on the fourth paragraph of the 1945 Constitution which reads “……. to form a  government of the state of Indonesia which shall protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice, therefore the independence of Indonesia shall be formulated into a constitution of the Republic of Indonesia which shall be built into a sovereign state based on a belief in the One and Only God, just and civilised humanity, the unity of Indonesia, and democratic life led by wisdom of thoughts in deliberation amongst representatives of the people, and achieving social justice for all the people of Indonesia … ..”, and more firmly stipulated in Article 27 Paragraph (2) of the 1945 Constitution which states” every citizen shall have the right to work and to earn humane livelihood “. Therefore it is the duty and obligation of state (government) to provide employment and prepare the development of competent Indonesian workers and able to compete in the global era, in order
to advance the general welfare of the Indonesian nation.