Pancasila democracy is a democracy system applied in Indonesia to run the government based on the 1945 Constitution. The 1945 Constitution is positioned as the state constitution and is a concrete crystallization of Pancasila’s values. The constitution, which is the highest source of law in Indonesia, is very important in the Pancasila democratic system. The relationship between the Democracy, Human Rights, and Pancasila is very concord. Pancasila is the ideology of the Indonesian state, the basis of the state, and the foundation of the state philosophy. The relationship is contained in the values of Pancasila. These values highly uphold human rights which is seen from the second value of Pancasila, “fair and civilized humanity”. The relationship between democracy with human rights and Pancasila is that democracy is a system used in Indonesia to realize Pancasila’s values while still based on human rights in its implementation. Then, Pancasila must always remain the basis of the state’s philosophy because Pancasila is the result of the nation founders’ consensus agreement. Pancasila values are not owned by other countries in the world and has become the Indonesian nation’s identity. Pancasila is supreme because it is the core foundation in uniting the diverse Indonesian nation. In addition, ideals of law do not only function as a regulatory benchmark to test whether a positive law is fair, but it also serves as a constitutive ground. Therefore, laws will lose it definition without the existence of ideals of law.
This article aims to discuss the implementation of precautionary principle on the use of Genetically Modified Organisms (GMO) in Indonesia as well as to identify and evaluate the changes of provisions on precautionary principles related to the use of GMOs as stipulated in the Environmental Law and the later Job Creation Law in Indonesia. This article employs normative legal research that descriptively examines humans, circumstances, and other phenomena to strengthen old theories and support new theories that are still in the drafting stage. It uses secondary data sources consisting of primary legal materials and secondary legal materials. The result shows that the implementation of precautionary principle on the use of GMOs is based on the Environmental Law and the Job Creation Law which can be seen in the AMDAL. Under the Environmental Law, the implementation of precautionary principle prioritizes the importance of a risk's impact before the activity is carried out. Whereas in the Job Creation Law, the operation of an activity adjusts the level of risk, namely low, medium, and high. Hence, based on Job Creation Law, a business activity that already utilizes GMOs is allowed to conduct its operation if the risk is assessed as low. It is due to a transition between the risk approach in the Environmental Law and the licensing approach in the Job Creation Law. This article suggests that in GMO usage, the government should find more specific precautionary implementation than regulations and labels since regulations alone are too abstract to comprehend in a society.
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