Progressive Law: Views, Implementation, and Challenges

Legal Literacy - Explore the views progressive law and its implementation in the Indonesian legal system. Learn the basic beliefs, values, and dimensions that form the foundation of progressive law to achieve justice, humanity, and responsive development in society. If we look at history, do we assume that there will be no more changes in the future? Is there a peak period, which makes the world stop developing and stop making changes? Legal views progressive are not in line with that view. Progressive law views the relationship between law and nature like Panta Rei which flows just like that from a philosopher named Heraclitus. If someone has such a view, then he has his own attitude and characteristics in law. First, there is a guideline in progressive law that becomes a paradigm, namely "Law for humans, not humans for law," which was expressed by Satjipto Rahardjo. This view is a basic belief that does not consider law as a regulation that must be obeyed textually, but must look at the human aspect that applies the law itself as the central rotation in law, which means that humans are the center of the rotation of law. If someone has such a view, then that person will prioritize humanity in all aspects and law enforcement. Second, progressive law does not view establishing the status quo in law. Using the status quo is the same as thinking that humans are for the law. This view is in line with legalistic, normative, and positivist streams. If there is a law that formulates or says so, then the community can only obey no matter what the situation, unless the law is changed. Based on the description above, progressive law emphasizes law into the human aspect which complements each other in human social relations. Satjipto Rahardjo expressed progressive law as a spearhead in achieving maximum legal goals. Progressive law depends on the interpretation of law which is based on human conscience by prioritizing justice and moral values in society. In addition, the law must be pro-justice, pro-people, in order to create a peaceful and prosperous society. Progressive law relies on law as a tool in creating a responsive life, prioritizing the formation of a humane, conscientious rule of law through spiritual intelligence as a liberating medium. There are several aspects that must be considered when discussing progressive law:

1. Law activates the conscience of a rule of law,
2. Law promotes the role and interests of the public,
3. Law is responsive
4. The law prioritizes humanity, leading to a better life,
5. The law is always changing following the times,
6. The law must be pro-justice and pro-people, therefore the law must develop by prioritizing the aspirations and needs of the community.

Progressive law in the Indonesian legal system has been implemented into the 1945 Constitution of the Republic of Indonesia. The forms of its implementation are found in:

1. The fourth paragraph of the Preamble of the 1945 Constitution which mandates the provision of protection from the government to the community, this is in line with the goal progressive law namely creating something that is just and peaceful.
2. The second and fifth precepts of Pancasila which are the soul of progressive law by placing humans as dignified beings, having access to justice, and being civilized, without discrimination.
3. Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as a guarantee for the community regarding access to justice, and ensuring that judges are a form of God's representative who upholds justice without bias and without intervention from any party.
4. Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia which stipulates that there is no different treatment in law between communities. The legal position between communities must be the same even though there are different backgrounds.
5. All articles in Chapter XA of the 1945 Constitution of the Republic of Indonesia concerning Human Rights (HAM) which emphasize basic human rights. This article obligates the government to fulfill the rights of the community.

The application of progressive law in the Indonesian legal system is not explained directly by Satjipto Rahardjo. Progressive law, which is part of the national legal system, cannot be completely separated from the legal system itself in legal proceedings. Sunaryati Hartono argues that in upholding a national legal system that is based on the Pancasila philosophy and based on the 1945 Constitution of the Republic of Indonesia, four dimensions or aspects must be built, including:

1. Development of Legal Facilities and Infrastructure
2. Development of Legal Apparatus
3. Development of Legal Material
4. Development of Legal Culture

There are specific values that determine a nation's legal culture in practicing its laws. The legal culture in a society is related to the behavior of law enforcers and the behavior of the society itself in abiding by the law, even the development of legal material itself. The development of legal material is related to the substance of a statutory regulation, while the development of legal apparatus concerns the resources of the legal apparatus. In accordance with the explanation above, there must certainly be laws whose substance contains pro-people and pro-justice principles. In the judicial system as well, as an effort to uphold justice, it must support the people in seeking justice, be impartial, and equalize the legal standing of a person even if they have different backgrounds. In addition, within the Law Enforcement Apparatus (APH), there must be an ability to think through reason and conscience which is implemented into morals and intellect. Furthermore, there must be adequate APH facilities to provide a forum for the community to seek true justice. *This article represents the opinion personal views of the author and does not represent the views of the editors Legal Literacy Indonesia.