Realizing Substantive Justice Enforcement Through the Implementation of Progressive Law

Abstract

A significant portion of Indonesia's legal system is still influenced by colonial legal heritage, which remains in effect today with various modifications. The dominance of positive law inherited from the colonial system prioritizes procedural justice, often neglecting the substantive aspects of justice itself. As a result, Indonesia's legal system has experienced a decline and requires fundamental changes to break free from the rigid conventional mindset.This study examines the concept of progressive law, a legal theory introduced by SatjiptoRahardjo. Progressive law emphasizes a more flexible approach in discovering the law by exploring the values that evolve within society. This perspective is considered more relevant to the needs of Indonesian society, as it allows the law to develop in accordance with social dynamics.In this research, the author highlights the understanding of progressive law in Indonesia and its relevance in providing legal considerations for judges in decision-making. The approach used is normative juridical, relying on literature studies and secondary data as the primary sources of analysis. It is expected that the findings of this study will contribute theoretically to the development of legal science, particularly in fostering a more dynamic and socially relevant legal thought