Jurnal Ilmiah Hukum: De'Jure (Sep 2016)

TEORI HUKUM PROGRESIF DAN PENERAPANNYA DI INDONESIA

  • Siti Hamimah, S.H., M.H.

Journal volume & issue
Vol. 1, no. 2
pp. 394 – 408

Abstract

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The law does not stand on its own. He did not fully autonomous and has absolute authority. If the approach to the legal life of a nation just is by using a benchmark legislation, then the results are not satisfactory. That is, it is difficult to be able to gain an overview of the actual state of the law just by reading the regulation rules alone. Required portrait laws reality that can only be seen through everyday legal behavior. Progressive Law break the deadlock. Progressive Law requires law enforcement agencies to interpret chapter courage to civilize the nation. If the process is right, ideals built in Indonesia's law enforcement efforts in parallel with the nation achieve the goal of the National. Idealitas it will take away from the practice of legal inequality uncontrollable as it is today. Indonesia in the future so that there is no discrimination laws, because the law does not only serve the rich. If equality before the law can not be realized, it is an absolute alignments. Humans created the law is not just for certainty, but also for happiness. The method used is a combination of the approach that is normative and empirical methods. By combining these two methods is to see reality on the ground by explaining the provisions of the legislation in force. Progressive Law not be something that should occupy the ivory tower sterilize themselves against another element. Progressive Law should come down and mingle with other elements related, such as sociology and anthropology, giving rise to a figure that is able to treat diseases and chronic complications law though.

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