Industry 5.0 and Legal Reasoning Reconstruction

Abstract

The main feature to be found in this study is a legal reasoning concept that is consistent with the 5.0 society that highly integrates cyberspace and physical space based on the princinple of Pancasila. The legal framework of positivism, in response to the legal vacuum and interactions of society 5.0, shows a lot of stagnation. This research used a case-based approach that examines the legal reasoning of judges for resolution of commercial disputes. Data used in this study were collected from secondary data, the Landmark decision of the Supreme Court in commercial disputes from 2017 to 2019 and academic studies of legal sciences.  The findings of the study indicated fourth conclusions. First, The New legal paradigm in 5.0 society should break away from the conventional models where the legal structure plays a major role. Secondly, the value of the Pancasila judicial system requires a balance between deontic reasoning models and market-based models. Thirdly, on the capacity of legal subjects, the Supreme Court focused on the conventional governance with the concept of the deontic reasoning model. Fourthly, according to unfair business competition the Supreme Court used market-based approaches, this indicates that the 5.0 attributes have started to adopt in judicial reasoning system.