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Progressive Legal Theory According to Satjipto Rahardjo

Briefly, this Progressive Legal Theory, which was coined by Professor Satjipto
Rahardjo, discusses law for humans, and not vice versa.

"The law is not only a regulation building, but also a building of ideas, culture, and
ideals" (Professor Satjipto Rahardjo).

Satjipto Raharjo, S.H., who decided the law needed to return to the philosophy
developed, namely law for humans. With this philosophy, humans become
determinants and entry points of law. Law decides to serve humans, not vice versa.
Therefore, law is not an interest that is free from human interests. Legal quality is
determined by its ability to serve human welfare. This causes progressive law to
adhere to "ideology": Pro-justice law and pro-people law.

For progressive law, the process of change is no longer centered on regulations, but
on legal approval actualizing the law in the right space and time. Progressive lawyers
can make changes by making creative meanings to existing regulations, without
having to wait for regulatory changes (changing the law). Bad regulations do not
have to be a barrier for progressive lawyers to promote justice for the people and
justice seekers, because they can interpret each time the rules. For this reason, in
order for the law to be accepted for its benefits, legal assistance is needed to translate
the law for the sake of social interests that it must indeed serve.

Based on this theory, it cannot be found directly through formal logical processes.
Obtained through the court, Required, Formal logical arguments "sought" after the
judiciary is found to frame the full juridical-formal Therefore, the concept of
progressive law, the law does not serve itself, is agreed to goals that are outside of
itself.

In matters of law enforcement, including 2 (two) kinds of progressive law


enforcement :
1. Human dimensions and factors in progressive law enforcement. Ideally, they
consist of a generation of legal professionals who have the vision and philosophy
that underlies progressive law enforcement.
2. The need for a kind of revival among academics, intellectuals and scientists and
Indonesian legal theorists.

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