Progressive law in the Indonesian legal system has been implemented into the 1945 Constitution. The form of implementation is found in:
  1. The fourth paragraph of the Preamble of the 1945 Constitution requires the provision of protection from the government to the community, this is in line with the goal of progressive law, which is to create a just and peaceful thing.
  2. The second and fifth precepts of Pancasila are the soul of progressive law by placing humans as beings with dignity, access to justice, and civilized, indiscriminately.
  3. Article 24 paragraph (2) of the 1945 Constitution guarantees the public access to justice, and ensures that judges are a form of God's representative who upholds justice without partiality and without intervention from any party.
  4. Article 27 paragraph (1) of the 1945 Constitution 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 on Human Rights emphasize basic human rights. This article places an obligation on the government to fulfill people's rights.
The application of progressive law in the Indonesian legal system is not directly explained by Satjipto Rahardjo. Progressive law, which is part of the national legal system, cannot be separated from the legal system as a whole. Sunaryati Hartono argues that in upholding a national legal system that has the philosophy of Pancasila and is 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. Legal Material Development
  4. Building a Culture of Law
There are certain values that determine the legal culture of a nation in practicing its law. Legal culture in society is related to the behavior of law enforcers and the behavior of the community itself in law, even the development of legal material itself. The development of legal material relates to the substance of a legislation, while the development of legal apparatus concerns the resources of the legal apparatus. In accordance with the explanation above, of course there must be laws whose substance contains pro-people and pro-justice principles. The justice system must also support the people in their quest for justice, be impartial, and equalize the legal standing of individuals despite their different backgrounds. In addition, in the Law Enforcement Officials (APH) there must be the ability to think through reason and conscience which is implemented into moral and intellectual. In addition, in the Law Enforcement Officials (APH) there must be the ability to think through reason and conscience which is implemented into moral and intellectual. *This article is the personalopinionof the author and does not represent the views of the editorial staff ofLiterasi HukumIndonesia.