Regulation of People's Economy in Regions Based on Pancasila and Reflexive Law Theory

Abstract

Pancasila serves as a fundamental normative framework encompassing politics, economics, and culture. Reflexive law functions as a coordination system for actions within semi-autonomous social sub-systems during transitional periods. This study aims to analyze the regulation of the populist economy within the context of Pancasila and reflexive legal theory. The research methodology is normative, employing a conceptual approach. The primary finding indicates that Pancasila must be embraced as a way of life, deeply embedded in the national consciousness, spirit, and ethos, and reflected in thoughts, attitudes, and actions related to the populist economy. Furthermore, the dissemination of Pancasila's understanding is essential, particularly in regions of Indonesia that have not yet established regulations on modern retail restrictions. It is imperative for government officials, especially those at the regional level such as members of the Regional House of Representatives, Regional Heads, and strategic policymakers, to thoroughly comprehend Pancasila grounded in a populist economy when formulating policies based on Pancasila. Additionally, the government can enhance its preparedness by aligning with Gunther Teubner's perspectives on harmonizing modern law with public interests. Teubner argues that to improve public welfare and address the crisis of formal rationality, the law needs to be rematerialized. This rematerialization of law depends on the application of reflexive law as a coordination mechanism within and among semi-autonomous social subsystems. In the Indonesian context, this approach aligns with the values of Pancasila and the concept of Economic Democracy.