Progressive law in the Indonesian legal system has been implemented into the 1945 Constitution of the Republic of Indonesia. The form of implementation is found in:
  1. The fourth paragraph of the Preamble of the 1945 Constitution which requires the government to provide protection to the community, this is in line with the aim of progressive law namely creating something fair 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 civilized, without discrimination.
  3. Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as a guarantee for the community to access justice, and ensures that judges are representatives of God who uphold 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 provides an obligation for 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, then in law cannot completely separate itself from the legal system itself. Sunaryati Hartono argues that in upholding a national legal system that philosophizes 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. Development of Legal Material
  4. Development of Legal Culture
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 is related to the substance of a statutory regulation, while the development of the legal apparatus concerns the resources of the legal apparatus. In accordance with the explanation above, of course there must be a law 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 position of someone even if they have different backgrounds. In addition, in Law Enforcement Officials (APH) there must be the ability to think through reason and conscience which is implemented into morals and intellectuals. And, there must be adequate APH facilities in providing a forum for the community in seeking true justice. *This article is the personalopinionof the author and does not represent the views of the editorial staff ofLegal LiteracyIndonesia.