DETAIL JURNAL
H. NOORSYAMSU JASTAN
Vol. 8 No. 2 September 2016
Sekolah Tinggi Ilmu Hukum Sultan Adam (STIH Sultan Adam)
Download Bukti Potong
| Nama |
|---|
| NIP |
| NPWP |
| Alamat |
| Tahun |
Indonesian state
constitution expressly stated Indonesia is a state based on law, as the legal
state law should be made commander in running the life of the nation. Prof.
Satjipto Raharjo in A. Muktie Fajar said the role of man society should be
displayed in the future. In the history of Republic of Indonesia, there have
been political change alternately. Despite reforms in Indonesia has brought the
pattern of life of the state is more democratic, and it also brought changes to
the existing legal system, with the model put forward for justice in society.
Some thought has emerged as an attempt to achieve justice in law enforcement
including the progressive law popularized by Satjipto Raharjo. The idea of
progressive law originated from his anxiety to practice law enforcement in
Indonesia is very positivistic, ignoring the existing conditions. Disired
reform agenda is how the fulfillment of a sense of justice in the midlle
society. The reality size of a sense of justice was unclear. According of chief
justice Abdul Rahman Saleh, a sense of justice that indicated society should be
able to be met by the judge. However it is not as easy as it seems. The consept
of justice in progressive legal thought is how to create substantive justice
and not juctice prosedure. As a result of morern law the that gives great
attention to the aspects of the procedure, the law of Indonesia faced with two
choices between courts emphasis on the procedure or in substance. Justice
progressive is substantive justice. Satjipto Raharjo concerned about the state
of the law in Indonesia, because in the 1970s there mop justice term in the
vocabulary of the law in Indonesia, in the new order of law has shifted form
dark social engineering because it is used to maintain of power. Further,
Satjipto Raharjo asserted, the core of setbacks over are increasingly scarce
honesty, empathy and dedication in carrying out the law, what is wrong with our
law. The idea of progressive legal thought is not merely to understand the
legal system in a dogmatic nature, but it also aspects of social behavior in
nature on empirical. Therefore expected to see the problems of humanityas a
whole oriented to justice subtantif.
Keywords: justice, expert
