INDONESIAN LEGAL DEVELOPMENT PROGRESSIVE LAW APPROACH TO BUILD THE LAW IN INDONESIAN SENSE

Abstract

Law is a social tool that is used to realize the order of life of society and state fairly and humanity. Indonesia’s
current legal problems are its culture and systems are dominated by colonial law which is unable to strengthen
the national identity in facing the future. Issues arising from the arbitrariness of law are enforcement officers,
unfair trials, legal uncertainties, the loss of humanity in the law, and the law as a tool of human rights violations. It all occurs due to influence: 1) the dominance of power, 2 ) The interests of stability, and 3) contrary
to Indonesia’s own national identity. As a result, any method for formulating law products and enforcement
efforts is ambiguous and inhumane. The law stands by itself, while society becomes the object. Progressive law
as a new paradigm that puts forward the humane ideals of law, is a model of a new approach that in the sense
of Pancasila and constructive to amputate the “crime law†itself. Indeed, in order to build a legal product with
Pancasila’s sense, we must do a “legal revolution†by using a progressive approach.