Legal Literacy - Law is an important pillar in social, national, and state life. However, in reality, the law in Indonesia is still far from ideal. Law enforcement in Indonesia is fraught with injustice, selective logging, and discrimination. This is what makes the author focus on the idea that modern law cannot provide a sense of justice in society.

By: Rean Fahmi (Assistant Staff of Advocacy Division - YLBHI-LBH Padang)

The Mess of Modern Indonesian Law

We have known that the law in Indonesia actually comes from customary law, Islamic law and western law. Currently, the law in Indonesia adopts Modern Law. Often legal issues in Indonesia become a problem among academics, students and the community.

There are many problems that can be said to be confusing in this modern law. Starting from the injustice in law enforcement itself, where the rich are faster to get help legal than the poor and much more.

The term "the law is sharp downwards and blunt upwards" has begun to emerge among our society, as we can see for ourselves the fact in society, namely the case of grandmother Asyani who was accused of stealing one teak wood which she believed was on her own land and was sentenced to one year in prison, let's compare it with corruption cases in Indonesia today, billions of people's money that he stole but the law in Indonesia prefers to remain silent.

There is also someone who used to be an activist defending small communities who even proposed a Revision to the KPK Law, it is very clear that this is a form of weakening the KPK and a form of protecting the collared rats.

The condition of law in Indonesia at this time is in a chaotic atmosphere, a crisis is happening everywhere, especially in the field of law. Law enforcement only applies to the rich, but there is none legal certainty and justice for the poor.

As explained above, the perpetrators of corruption and legal problems of those in power are just like dust that passes by. Many laws in force in Indonesia now seem to have social classes, the law that we know should work for peace, justice and order is in fact extraordinarily reversed.

In various case handling in our country, it is never far from public discussion due to court decisions that deviate from the values of justice, justice seems like a very expensive and luxurious item among the lower classes.

Basically, the law is made to regulate the behavior of society which in essence has the aim of creating order and peace in the society itself. We know that law and humans cannot be separated, humans make the rules and humans can also change the structure of laws in a country's law.

The Loss of a Sense of Justice in the Law Enforcement Process

The law enforcement process in Indonesia is still far from the expectations of the wider community, where a sense of justice does not touch the lower classes of society, while those in the upper classes will very easily get very special legal treatment.

There are many cases that show a problem in law enforcement in Indonesia. Ironically, it seems that the law can be traded in this country, where the law should be able to run effectively if everyone is aware of upholding the legal values that exist in the wider community.

Legal certainty in Indonesia is often a legitimacy for the search for justice. Sometimes, legal certainty itself is now being questioned, can the law lead someone to true justice?

The dialectic of legal thought itself from time to time has created an atmosphere of searching for justice as it is today. Legal positivism was born in the 19th century, legal positivism emerged through figures such as John Austin, HLA Hart, and Hans Kelsen.

Legal positivism is a school of thought that strongly emphasizes a principle where everything must be concrete, and concrete is as it is. The law must be written, must be formed by an authorized institution, contain elements of command and sanctions, and it is free from consideration of non-concrete values such as beliefs.

The school of legal positivism cannot be separated from the influence of the capitalist system that was developing in Western Europe in the 19th century. At that time, traders desperately needed certainty. law where legal certainty can enable them to trade successfully in the future. The principle of legal certainty at that time was a guarantor of the fate of the bourgeoisie.

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.