Progressive Law: A Solution to the Chaos of Modern Law

There is a very large wall that has blocked progressive law in Indonesia, namely legal positivism, which has theoretically and normatively built a hierarchical structure and has also succeeded in building an intellectual network in various law universities in Indonesia.

Progressive law has become a discourse for intellectuals and young people in Indonesia, but the strength of that discourse is still very weak and easily defeated when brought into law. We know that progressive law requires a very large force so that it is equivalent to the legal positivism that we know.

Progressive law does not prohibit legal certainty, but emphasizes the interpretation of positive legal texts for the sake of human justice, there is a famous sentence, "law is for humans."

Progressive law also does not claim itself to be value-free like legal positivism, but rather progressive law takes sides with the weak. It is likened that neutral and value-free law can actually be unfair because it will only benefit the strong.

Solution to the Chaos of Modern Law

From this explanation, there is a solution that can replace modern law today, namely progressive law. Where this progressive law has the strength as Satjipto Rahardjo said that the strength rejects the status quo.

Maintaining the status quo means accepting the existing normativity and system without making an effort to see a weakness in it and then encouraging action to overcome it.

Progressive law, as mentioned above, has a very good intention to return to a legal thought based on the philosophy of law for humanity.

We know that humans are the determinants and orientation point of the existence and presence of law. Therefore, law must not become an institution that is detached and free from the interests of serving the interests and welfare of humans.

Law enforcers are required to prioritize honesty, sincerity, and justice in law enforcement in Indonesia. They must also have empathy and concern for the suffering experienced by the people and the nation.

Actually, the interests of the people, both their welfare and happiness, must be the orientation point and ultimate goal of the implementation of the law itself. In this case, progressive law clearly adheres to a legal ideology that supports justice and law that favors the people.