Rule breaking as a strategy to overcome the impasse of formal legality is an icon in reflecting the progressive law movement initiated by Satjipto Rahardjo. As a legal scholar for more than 30 years, he taught that legal education that glorifies 'the order' does not always find 'the order' in legal life, and often they find 'disorder'.

This is illustrated in his emeritus speech as a professor at the Faculty of Law, Diponegoro University on December 15, 2000, entitled:Teaching order finding disorder: Thirty years of intellectual journey from Bojong to Pleburan."

The progressive law movement was born as a result of disappointment with law enforcers who often have a positivistic perspective, who are only fixated on the textual regulations without wanting to dig deeper into the justice that exists in society.

Adherents of positivism often argue the notion of civil law adopted by Indonesia 'requires' judges to be the mouthpiece of the law (la bouche de la loi). The progressive law movement is part of the never-ending process of searching for the truth.

Progressive Law departs from the empirical reality of how law works in society in the form of dissatisfaction and concern over the performance and quality of law enforcement in the Indonesian setting at the end of the 20th century. The spread of the progressive law movement was initiated by Satjipto Rahardjo. Progressive law is based on two basic components in law, namely regulations and behavior.

Progressive Law: A New Milestone in Law Enforcement that Favors the People

The progressive law movement departs from two basic assumptions. First, law is for humans, not humans for law. Departing from this basic assumption, the presence of law is not for itself, but for something broader and bigger.

Therefore, when legal problems occur, it is the law that must be reviewed and improved, not the humans who are forced to be included in the legal scheme.

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Secondly, law is not an institution that is absolutely final, because law is always in the process of continuously becoming (law as a process, law in the making).

Thus, in essence, according to the progressive law perspective, humans have a position above the law, while the law is only a means to guarantee and protect various human needs.

Law can no longer be seen as an absolute document that exists autonomously. Progressive law, which is based on humans, carries the consequence of the importance of creativity.

Creativity in the context of law enforcement is intended not only to overcome legal backwardness and legal inequality, but also to make legal breakthroughs, if necessary, by breaking the rules.

These breakthroughs are expected to realize humanitarian goals through the workings of the law, namely a law that brings happiness. This also means that the rule of law must also be able to make its people happy.

What does a country that makes its people happy look like?

One depiction of a country that makes its people happy can be quoted from the expression commonly conveyed by wayang kulit puppeteers. They describe a happy and prosperous country or kingdom with a very majestic expression, namely as "negari ingkang panjang hapunjung, hapasir, wukir loh jinawi, gemah ripah karto raharjo."

That is, the territory of a country extends from the sea coast to the mountain peaks, the land is fertile, goods are cheap, affordable, clothing and food are cheap, traders can travel without disturbance, the people, who are numerous, live in harmony, farmers have enough livestock without any disturbance, and the government can meet the needs of the people and there is no crime.

Source:

Suteki. (2011). A Record of Satjipto Rahardjo's Progressive Legal Thought. Jakarta: Epistema Institute.