Bandar Lampung, Lampung, Indonesia.
Volume 4 Issue 1, March 2023: pp: 1-14 http://jurnal.fh.unila.ac.id/index.php/plr P-ISSN: 2723-262X E-ISSN: 2745-9306
Progressive Legal Approach to Modern Community Law Enforcement in Indonesia
Syinta Amelia1
1Rumah Sakit Muhammadiyah Metro, Indonesia E-mail: dr.syintaameliazi@gmail.com
Article Information Abstract
keywords :
Influenced, Law, Social Change.
DOI:
https://doi.org/10.25041/plr.v4i1.2729
Law is the rule of norms and sanctions made to regulate human behavior, maintain order and justice, and prevent chaos. Law functions to guarantee the existence of legal law in society. Influence does not mean identical. The Indonesian legal system is not the same as the Anglo-American. Law in Indonesia refers to the development of law in Indonesia. The Indonesian legal system is a system itself. A system built from the process of discovery, development, adaptation and even compromise of several existing systems or it can be said the Pancasila legal system.
Usually, laws change due to changing elements in life.
However, this does not mean that the law is always in a dependent position. Social changes caused by technological developments lead to modern life because modernization has penetrated traditional rural communities due to these technological advances. Law enforcement in Indonesia through social analysis and progressive law is categorized as a new paradigm in law enforcement in Indonesia that is relevant to progressive law as the fulfillment of justice. This study uses library research methods and data management techniques. However, because the scope of this research is only in legal disciplines, this research was conducted by examining literature, laws and other written materials or known as normative legal research which is descriptive in nature and researched with legal socio-legal. The research results show that the assumption used is to make the law a social phenomenon. Social analysis is needed to examine various law enforcement problems because the law is part of social phenomena. The use of Submitted: Sept 09, 2022; Reviewed: Mar 02, 2023; Accepted: Mar 10, 2023
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progressive law is a legal thought introduced and developed by Satjipto Rahardjo by viewing law as a social phenomenon.
A. Introduction
Law is the most vulnerable and quickly affected by social change.1 Changes in society can be in the form of value systems, norms and behavior patterns, organizations, social and institutional structures, stratification, authority, social interactions, etc.2 Because of the wide scope of change that may occur, if someone is going to describe social change, a clear scope of what that change means must first be made. To provide a limitation, it is necessary to know that social change is all changes in social institutions in a society that affect the community system, including values, attitudes, and patterns of behavior in community groups, namely it is clear that these changes will cause problems as follows. First, at the personal or individual level, the question arises of how to secure identity as a human being, a society and a follower of cultural traditions. Second, at the structural level, the problem arises of how to regulate new patterns of roles and groups. Third, at the cultural level, the problem arises of how to create new traditions that can serve as guidelines for society in the transition process.3
Most sociological analyzes conclude that change is necessary because of the nature of social behavior.4 Change occurs because of interaction and because of social ties' movement and goals. Society in its social life will always have dynamics, this is also very influential in the passage of regulations in that society. These social changes are able to lead society to continue to develop with the times. It is not the only law that receives the impact of social change but from all aspects of life, such as the environment, economy, culture and technology.5 These changes can affect the environment in a broader sense regarding social values, social norms, patterns of behavior, structures, organizations, institutions, layers of society, social relations, and communication systems itself.6 Also about power and authority, social interaction, technological advances, etc.
In the process of change, there are expected and some are not expected. Currently, the process of social change that occurs can be identified because of certain trends, such as, first, there is no stagnant society.7 Second, changes that occur in certain social institutions tend to be followed by changes in society in other social institutions. Third, rapid social change usually causes temporary disorganization in the adjustment process. Fourth, change is difficult to socialize in the material and spiritual fields. Fifth, positive results and planned changes generally depend on the synchronization between the effectiveness of planting new elements, the strength of the resisting forces of society and the speed of creation of elements.8
1 Rahardjo, Satjipto. Membangun Polisi Sipil: Perspektif Hukum, Sosial, Dan Kemasyarakatan. Gramedia Pustaka Utama, 2007.
2 Rachman, Adelia Hanny. "Revolusi Pandemi Covid-19." Jurnal Pendidikan Sosiologi Undiksha 4, No. 1 (2022): 11-23
3 Azizah, Nur. "Perubahan Sosial, Budaya Dan Ekonomi Di Kampung Kauman Semarang 1962-1998." Journal Of Indonesian History 3, No. 2 (2014).
4 Suradi, Ahmad. "Pendidikan Berbasis Multikultural Dalam Pelestarian Kebudayaan Lokal Nusantara Di Era Globalisasi." Wahana Akademika: Jurnal Studi Islam Dan Sosial 5, No. 1 (2018): 111-130.
5 Surad, Ahmad. "Multicultural-Based Education In Preserving Indonesian Local Culture In The Era Of Globalization."
Academic Forum: Journal Of Islamic And Social Studies 5, No. 1 (2018): 111-130.
6 Syahputra, Juanda, Budiman Ginting, And Mirza Nasution. "Analisis Yuridis Diskresi Kepala Daerah Dalam Penyelenggaraan Pemerintah: Studi Atas Keputusan Bupati Gayo Lues No. 900/206/2021 Tentang Pembekuan Sementara Unsur Pimpinan Majelis Adat Aceh Kabupaten Gayo Lues Periode 2020-2024." Locus: Jurnal Konsep Ilmu Hukum 2, No.
1 (2022): 123-135
7 Waluya, Bagja. Sosiologi: Menyelami Fenomena Sosial Di Masyarakat. Pt Grafindo Media Pratama, 2007.
8 Harjono, Dhaniswara K. "Hukum Penanaman Modal: Tinjauan Terhadap Pemberlakuan Undang-Undang No. 25 Tahun 2007 Tentang Penanaman Modal." (2012).
Society is constantly changing. Communities that are experiencing a transition from underdevelopment to a modernization process, like Indonesia, have experienced many changes. It is not uncommon for shifts to occur both at society's structural and organizational levels and to regard norms and values. Legal changes occur when two elements meet at one point (1) new conditions arise, (2) awareness of the need for change in the community concerned. The requirement for a change in law occurs if the change occurs (a new thing appears) emotions arise on the part of those affected who will take steps to deal with their condition towards a new life. Three general theories about social change will be associated with the law, namely (1) progressive cumulative of technological discoveries, (2) contact or conflict between cultures and (3) social movements. According to these three theories, the law is a factor that causes change to occur.
Social change should be able to change thinking about the law. Law in Indonesia has been influenced by law from the Netherlands since the Old Order era until now. Even today, positivism is still at the level of thinking about law in people's lives. The relationship between law and social change cannot be separated. However, in positivist thinking, the law must be separated from social because the law is dynamic but must end in static, while social science is dynamic and will become dynamic. This is something positivist thinkers cannot accept.
Positivism is an understanding that demands that any methodology that is thought of to find truth should treat reality as something that exists, as an object, which must be released from all kinds of metaphysical pre-conceptions which are subjective in nature. Applied to thoughts about law, positivism requires the release of meta-juridical thoughts about law, as adhered to by natural law thinkers. Because of this, every legal norm must exist in its objective nature as positive norms, confirmed as a form of the concrete contractual agreement between members of society (their representatives). Law is no longer conceptualized as an abstract meta-juridical moral principle about the nature of justice, but ius which has undergone positivization as lege or lex.9
The causes of social change can originate from the community itself and some are outside other communities or from the natural surroundings. Causes originating from the communit y itself include increasing or decreasing population, new discoveries, conflicts and revolutions.
Social change can also originate from causes originating from the natural environment, war, cultural influences from other societies, etc.10
In line with Marx Weber and Durkheim, Arnold M. Rose put forward a general theory of social change in relation to changes in the law. According to him, changes to the law will be influenced by three factors; first, there is a progressive accumulation of inventions in the field of technology;11 second, there is contact or conflict between people's lives; and third, there is a social movement. Based on the theories above, it is clear that legal changes are more a result of factors that cause social change.
Among the factors that encourage it can be mentioned is contact with other cultures an advanced education system, tolerance for deviant behavior, open stratification, heterogeneous population, and dissatisfaction with certain areas of life. The driving factors for these factors can be reduced due to inhibiting factors, such as the lack or absence of relations with other communities, the development of science that is too late, the attitude of society that is too traditionalistic, the existence of interests that are already firmly entrenched, the fear of
9 Otje Salman And Anthon Susanto, Teori Hukum “Mengingat, Mengumpulkan, Dan Membuka Kembali" (Bandung: Refika Aditama, 2004), Hlm 80..
10 Cahyono, Anang Sugeng. "Pengaruh Media Sosial Terhadap Perubahan Sosial Masyarakat Di Indonesia." Publiciana 9, No. 1 (2016): 140-157.
11Arifin, Tajul. "Anthropology Of Islamic Law." Center For Research And Publishing Uin Sunan Gunung Djati, Bandung (2016).
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shakiness in cultural integration, prejudice against novelties, ideological barriers, and perhaps highly institutionalized customs too. External factors, in this case, global factors, often cause change. Globalization in the form of trade patterns, communication and development is one of the driving factors for legal change.
In progressive law, the law is placed as a social phenomenon. Law and social reality are like two sides of a coin that cannot be separated. Both go hand in hand for certain purposes.
So that, it can be said law without social reality is like walking in a vacuum without direction and purpose. The same thing was said by Lawrence Friedman, who gave an illustration that the legal system does not float in a cultural vacuum and is free of space, time and social context. It certainly reflects what is happening in society. In the long term, Friedman assumes the shape of society, such as a glove whose print is the same as the shape of a person's hand. 1 Likewise, a social reality without the law will result in chaos. So it is not wrong if there is an adage “ubi societas ibi ius”, which means “where there is society, there is law”. Law is present in the midst of people's lives, none other than the needs of the community itself in order to create a peaceful, orderly and safe life. In other words, the law has a sacred duty to maintain social reality in society so that it remains intact. However, when the law is carrying out its duties, it often creates friction with layers of society. Talking about legal issues will always be linked to the enforcement process. In particular, the law can be seen in its form through explicitly formulated rules. The legal principles or regulations contain actions that must be carried out, such as law enforcement. Understanding and interpreting the socio- cultural values of society and the values that live in society is important for law enforcers in enforcing the law. This is because this will affect the mindset of law enforcers in applying the law to the community. Ignorance and lack of understanding of law enforcement against the values that live in society is the forerunner of rigid law enforcement without regard to the community's rights.
There are three types of change, and the first is a change in individual rules. This change includes individual behavior but cannot be called a change in behavior rules. The second is changes in group rules. This occurs in changes that take place in units that are included in the political subsystem. These three changes in community norms are the most fundamental because they include changes in a society's values or basic principles. Based on the background above, various problems can be formulated as follows. How is the relationship between law and social change, how does social change occur, and what are the impacts caused by a social change on society?
This study uses library research methods and data management techniques. However, because the scope of this research is only in legal disciplines, this research was conducted by examining literature, laws and other written materials, or known as normative legal research which is descriptive in nature and researched with legal materials. Then the collected data is processed using normative juridical methods, namely the addition method, by adhering to applicable legal norms or legal norms. Then the method used is socio-legal studies which are legal studies, which use a social science methodology approach in a broad sense, sociolegal study is an alternative approach that examines the study of legal doctrine.
The novelty of this research is that, At times, legal conditions are getting worse in legal relations in modern society. The progressive law introduced and developed by Satjipto Rahardjo can be an alternative and a solution. Moreover, the idea of progressive law stems from concerns about Indonesia's legal situation, which is getting backward and deteriorating.
The phenomenon of the judicial mafia, commercialization and commodification of law, which is increasingly widespread, are conditions which, at the macro level, indicate that the law is not approaching the ideal state, namely the welfare and happiness of its people. This research referred to previous research entitled Law Enforcement in a Progressive Law Perspective by
M. Yasin al Arif in 2019. The fundamental difference is reviewing law enforcement in Indonesia through social analysis and using progressive law to describe legal phenomena in modern society.
B. Discussion
1. Relationship Between Progressive Law and Social Change With the Development of Modern Society
Social change or the structure of its components creates greater adaptability to utilize resources originating from the organism's physical environment (its function is an adaptation, which manifests itself in the form of techniques to utilize the environment for human survival, such as the use of technology and economic activity).
Today's social change that attracts attention is the social change caused by the development of technological advances that affect modern life. Because this modernization has penetrated into traditional communities in rural areas as a result of these technological advances. So modernization is no longer the monopoly of urban society. Modernization denotes a process of a series of efforts to achieve or create universal, rational and functional values (physical, material and social). Usually likes to be contrasted with traditional values.12
Social change manifests itself in the form of changes that cause social consequences in such a way that they occur in forms, arrangements and relationships that are different from those that exist. Here there is a shift in the pattern of relationships between people and people or groups with groups in society or elements in a system. The social problems caused by social change can be formulated as a discrepancy between the standards accepted in social interaction and the social reality found there. In the arrangement of social change, the parts or sectors in society are not as fast. Because of the interdependence (interdependence) between these parts, changes in one sector create a necessity for adjustments to be made by others.
Legal issues can also be seen as social change because it is interdependent with social change. This shows how social problems are under pressure and influence on the law in the sense that the law must always respond to these problems.13 The factors commonly identified in relation to the beginning of social change are:
a. Population
The population is often associated with the community's ability to develop itself. The smaller the population, the less social inheritance the community has to carry out the synthesis of the various elements left behind by the social heritage. The more synthesis that is done, the more updates can be held. Population growth also affects the behavior patterns of community members. This in Indonesia encourages migration out of Java (transmigration), which can lead to social changes in new residential areas. The population explosion prompted efforts to control (family planning). Here three social problems arise population movement (transmigration), heterogeneous community relations and family planning, all of which demand legal action.14
12Sutjipto Rahardo, Hukum Dan Perubahan Sosial (Bandung: Alumni, 1983) H, 193.
13 Gunawan, M. Indra. "Ijtihad Dan Perubahan Sosial Pada Masyarakat Kontemporer." Maqosid: Jurnal Studi Keislaman Dan Hukum Ekonomi Syariah 9, No. 01 (2021): 18-36.
14 Maspaitella, M. J., And Nancy Rahakbauwi. "Pembangunan Kesejahteraan Sosial: Pemberdayaan Masyarakat Dalam Pendekatan Pekerja Sosial." Aspirasi: Jurnal Masalah-Masalah Sosial 5, No. 2 (2014): 157-164.
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b. Physical habitats
The physical habitat is only a limiting factor for the possibilities of human creation, it plays a passive role. Changes in physical habitat play a big role in the framework of social change, for example, shrinking agricultural land will affect how to own and how to use it.
This change is very slow and beyond human observation, but it can be accelerated and drives social change as well.
c. Technology
Technology is a factor that has a very real influence on social change, but it is not a stand-alone factor but rather a collective social process. Technology is associated with cultural systems in conjunction with the framework of relations between systems.
Furthermore, it also relates to the economic sector which will regulate procedures socially in addition to relations with the institutional complex, such as ownership and contracts.
d. Structure of society and culture
The structure of society and culture has a close relationship with social change. This gives rise to enormous adaptability, which begins with people's attachment to certain values, namely:
1) Rationality.
2) Exact assessment of physical and biological habitats.
3) Breakthrough by using reason against the laws of nature.
Social change can be interpreted as any change in social institutions in a society. These changes in social institutions then have an impact on social systems, including values, patterns of behavior, or attitudes in the society, which consists of social groups. During his life, humans always study and make changes to culture according to the needs and environmental conditions. This is natural because culture is created and taught from one generation to the next to meet the needs of humans individually and in groups. From this fact, none of the culture and cultural manifestations are static (do not experience change). The process of social change consists of three successive stages:
a. The invention is the process by which new ideas are created and developed.
b. Diffusion is the process by which new ideas are communicated within the social system.
c. Consequences are the changes that occur in a social system as a result of adopting or rejecting an innovation. Change occurs when the use or rejection of the new idea has consequences. Therefore social change is the result of social communication.15
The process of changes in society in the world today is a normal phenomenon whose effects spread rapidly to other parts of the world, thanks in part to the existence of modern communication with a rapidly developing level of technology. Discoveries in technology, a revolution, modernization of education and other incidents can quickly be known by other people who live far from the center of the events mentioned above. Changes in society can be about values, rules, behavior patterns, organization, the structure of social institutions, social stratification, power, social interaction, etc.16
15 Ahmad Jazuli, “Penegakan Hukum Penataan Ruang Dalam Rangka Mewujudkan Pembangunan Berkelanjutan,” Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 6, No. 2 (2017): Hlm 273-274
16 Http://Pojok Hukum/Blogspot.Com/ Hukum/Dan/Changes/Social Accessed Date
Social change can be seen that has occurred in society by comparing conditions at two or more different timescales. For example, the structure of Indonesian society during the pre- independence period, after independence, the old order, the new order, the reformation, and so on. It must be understood that a new thing that is currently radical, it is possible that it will become conventional in the next few years, and in a few years, it will become traditional. If one examines in more depth the causes of a change in society, then in general, it can be said that the changed factor may be consciously or may not be a factor that is considered no longer satisfactory.
As for why people are no longer satisfied with a certain factor, it is possible because there is a new, more satisfying factor as a substitute for the old factor. It is also possible that the change was made because one had to make adjustments to other factors that had undergone changes beforehand. In general it can be said that the causes of social changes can originate in the communities themselves, and some are located outside the community, namely those that come as influences from other communities or from the natural surroundings. The reasons that originate from the community itself are, among other things, the increase or decrease in population, new discoveries, conflicts and revolutions. A social change can also originate from causes originating from outside the community, such as causes originating from the natural environment, war, cultural influences from other communities, etc. The specifications of norms and traditions seen on the basis of the modernization process are as follows:
a. The existence of norms originating from tradition can be said to be an obstacle to progress or the process of modernization.
b. Some norms and traditions have the potential to be developed, perfected, explained or modified so as to be conducive to the modernization process.
c. Some really have consistency and relevance to the new values.
It is difficult to understand that social and law can be united because jurists are solely concerned with quid juris issues. At the same time, sociologists have the task of explaining quid facti in the sense of returning social facts to the strength of relations. This is the cause of the anxiety of many jurists and legal philosophers who ask whether the sociologist of law does not intend to destroy all law as a norm, as a hope to regulate facts, or as a judgment. That is why some sociologists do not object to the existence of legal sociology. They are worried that through the sociology of law, judgments of good and bad will be revived in the investigation of social facts. Because the task of sociology is to unify what is arbitrarily broken up by the social sciences, apart from that, sociologists emphasize the impossibility of alienating law from all social realities, seen as a totality that cannot be destroyed.
When classifying law as a norm and limiting jurisprudence to the cognition of norms (a function distinct from making and applying such laws), the law is separated from nature, jurisprudence as a cognitive science of norms is separated from all cognitive science which seeks to explain natural events in terms of causal law.17 In fact, jurisprudence is separated from cognitive science, whose job is to investigate the causes and effects of these natural events, which are interpreted with legal norms and described as legal actions. There is no objection to such classifications as sociology of research, particularly the sociology of law.
17 Ardiansyah, Ardiansyah. "Polemik Dan Tantangan Penegakan Hukum Progresif Dalam Sistem Hukum Indonesia." Jurnal De Jure 10, No. 1 (2018).
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In terms of prospects and value, nothing needs to be discussed further in this section. It can only be stated:18 cognition in the field of legal sociology is not focused on legal norms as a specific meaning. Rather, the sociology of law is directed at events that are completely independent of their relationship to norms that are recognized or thought to be valid. The sociology of law does not connect material facts discussed with legal norms. Apparently, legal sociology links these material facts with other material facts as a result. Sociology of law asks, for example, what drives legislators to determine precisely these norms and not issue different norms and what effect the regulations have.
A decision or legal action is a manifestation of the public will of a community as a whole.
The law of jurisprudence should not be able to stand alone without assistance from the social development of society, in solving a problem, jurisprudence should ask for help from sociology. Thus, if you really want to know the true law of Indonesian society (not Indonesian law), consider the dimension of societal rules, namely the way in which elements of our society respond to the rules, by asking what their attitude is towards them. Also, ask what do they want from the law, the confiscation of a corruptor's assets, the application of the death penalty, life imprisonment, legal certainty, prioritizing justice based on international conventions on human rights or something else.
Progressive law is a thought that wants to find ways to overcome legal downturns more meaningfully, in the sense of faster changes, fundamental reversals, liberations, breakthroughs and so on. These methods are carried out by emphasizing “law for humans and not vice versa humans for the law”, “judging substantially, not artificially”, and “lawing holistically, not skeletonically”. Thus it is an alternative as well as a solution for law enforcement that is just in society.19
Legal formalism has made law appear like technology, where law operates mechanistically, exclusively and cannot reach more abstract goals. Legal formalism is concerned with the question of how super-sophisticated technocracy is played to be able to apply the law properly.20 Therefore, the law focuses on how a person has “skill” in applying regulations. In other words, a person is required to become an enslaved person carrying out the will of the authorities, as stated in the articles. The climate of trade competition between lawyers was created for people busy fiddling with articles but unaware of making updates.21
Thus, to revitalize law enforcement that reflects the values of justice in society, law enforcers must break through and go beyond the paradigm of legal rationalism and restore an understanding of law as a crystallization of moral, ethical and ethical values. In understanding the study of legal theory, this is what Satjipto Rahardjo calls progressive law. Law enforcers must have a progressive perspective to not be confined to legal formalism to uphold the values of justice in society. The pendang way or progressive legal paradigm in enforcing the law is, first, the law makes people happy.22 The birth of modern law is inseparable from the liberal aspect that initiated its birth. The modern legal system works by maintaining neutrality. It is done using a formal-rational format. This means that he tries not to interfere with the processes in society at all, but tries to be above them. In this context, the duty of law
18 Supriadi, Agus, And Yunika Lestaria Ningsih. "Kemampuan Representasi Matematis Mahasiswa Pada Materi Distribusi Peluang." Indiktika: Jurnal Inovasi Pendidikan Matematika 4, No. 2 (2022): 14-25.
19 Satjipto Rahardjo, “Hukum Progresif: Hukum Yang Membebaskan,” Jurnal Hukum Progresif 1, no. 1 (2005).
20 Satjipto Rahardjo, Penegakan Hukum Progresif (Jakarta: Penerbit Buku Kompas, 2010), hlm 9.
21 Mahrus Ali, “Sistem Peradilan Pidana Progresif; Alternatif Dalam Penegakan Hukum Pidana,” Jurnal Hukum Ius Quia Iustum 14, no. 2 (2007).
22 “Paradigma Peraturan Mahkamah Agung: Modern Legal Positivism Theory, Teori Hukum Progresif Dan Urgensi Kodifikasinya | Oleh : Imam Prabowo, S.H. (19/10) - Direktorat Jenderal Badan Peradilan Agama,” accessed March 9, 2023, https://badilag.mahkamahagung.go.id/artikel/publikasi/artikel/paradigma-peraturan-mahkamah-agung-modern-legal- positivism-theory-teori-hukum-progresif-dan-urgensi-kodifikasinya-oleh-imam-prabowo-s-h-19-10.
is only to ensure that individuals in society interact freely without any disturbance;
Intervention by anyone, including the state, is prohibited. That is the essence of the work of the liberal law type.23
The birth of modern law (which is liberal) is not the end of everything but a means to reach further goals. The further goal is the welfare and happiness of society. Society is less happy if the law only protects and gives freedom to individuals and does not pay attention to happiness. According to Satjipto Rahardjo, this is what is referred to as a new era, namely post-liberal, where the people want the law to also actively pay attention to the welfare and happiness of society, in fact, not only paying attention to individual independence and freedom.
2. The Impact of Social Change on Society
From the perspective of legal positivism, it must change. For Von Savigny, who prevented the coming of Roman law, the law was not formed but had to be discovered. If the customs have been applied in a steady manner, then legal officials legalize them as law. A theory that is in line with Von Savigny's opinion was once developed by an Austrian jurist named Eugen Ehrlich. Ehrlich distinguishes between living law, which is based on social behavior, and coercive law, which comes from the state. 24 He stressed that living law is more important than state law, whose scope is limited to state duties. Even though living law has a scope that almost regulates all aspects of the common life of society. From the explanation above, it is clear that Ehrlich also adheres to the notion that legal changes always follow other social changes. On the other hand, Bentham is an adherent to the ideology which states that by using rationally constructed laws, societal changes can be made.
From positivism which leads us to the level of positive law, where the law must be a positive norm to become a written regulation. Eventually, the law developed into postmodernism law which prioritized the view that various fields and knowledge specializations were the main strategy or agreement by which reality could be divided, especially as a serious effort to achieve truth by social groups seeking power. This view simultaneously explains the “will for power” in contemporary epistemology, where searching for truth always means building power. His emphasis on the arbitrary nature of argument structure and language rhetoric remains an important part of the criticism of postmodernism's deconstruction.
In its development, the law continued to develop until finally, the responsive legal theory was born again with the characters Nonet and Selznick, who tried to incorporate the theory of social sciences in answering legal problems. Responsive law requires that law is always sensitive to the development of society, with its prominent character, namely offering more than just procedural justice oriented towards justice, paying attention to public interests, and, more than that, prioritizing substantial justice. Responsive law is oriented towards goals to be achieved outside the law and rejects legal autonomy, which is final and cannot be contested.
Laws are not only rules that are built with logic but with other logic. A legal product with a responsive character has a participatory process, that is, it invites as much participation as possible from all elements of society, both in terms of individuals and community groups, and must also be aspirational in nature, originating from the wishes or wishes of the community.
This means that the legal product is not the will of the authorities to legitimize their power.
23 “Paradigma Hukum Progresif,” Pengadilan Negeri Palopo, 2021, https://www.pn-palopo.go.id/index.php/media- center/artikel/184-paradigma-hukum-progresif.
24 Usman, Atang Hermawan. "Kesadaran Hukum Masyarakat Dan Pemerintah Sebagai Faktor Tegaknya Negara Hukum Di Indonesia." Jurnal Wawasan Yuridika 30, No. 1 (2015): 26-53.
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Legal developments ultimately intersect with social change, social change can change the basics of legal values.25 Social change can come from within or outside. Sources of social change from within, for example, population growth, population reduction, new technological discoveries, conflicts, or perhaps revolutions. Changes from the outside, for example, natural disasters, cultural influences, wars, and so on.
Law, according to Weber, in the end, is also in accordance with social development.26 Karl Renner also saw the same thing, namely that laws change as a result of a new society, a capitalist society, has been created.27 Private property rights with capital accumulation ultimately have significant power to govern. So with social change, we have to make changes to the law in the sense that we have to align the law with social change. Legal changes do not only occur in changes to laws but are comprehensive in nature to the areas of legal work support, including legal education.
Social change occurs because of the transformation of the elements that maintain the balance of society, such as changes in elements of geography, biology, economy, civilization, and technological advances.28 In terms of social changes that have an impact on society, there are negative impacts and positive impacts, as follows:
a. The negative impact on society is social disorganization, where there is a weakening of norms and values in society, the culture shock that occurs because they are not ready to face change, incompatibility between cultural elements due to changes and cultural shifts and differences in the level of progress between various regions within a culture.
b. The positive impact on society is the emergence of new values and norms that are more in line with the times, the development of new social institutions and technological developments.
Progressive law also criticizes modern law in terms of culture. Modern law originates from Europe which was born from a long process to give birth to a legal culture of liberal and individualistic quality. It seems that Satjipto Rahardjo wants to emphasize that modern law has a special culture originating from a certain habitat, namely modern European society, which has undergone a transformation from the Middle Ages to modern times which has a type of “logos” centric which is centered on humans with all its appendages such as individualism and rational. Progressive law wants to be a liberating force of the liberal legal type. Liberation here is because the type of liberal law is considered to shackle and hinder the achievement of the desired goals in progressive law.
Progressive law actually does not conflict with the concept of law applied by Indonesia since the time of independence until now because, in progressive law, we are only invited to increase creativity in legal thinking. Positivism also plays a role in the development of progressive law because, with positive law, we can compare texts and contexts so that we can be more creative in making decisions in solving legal problems. Positivists in Indonesia think that laws from other countries cannot be included in existing laws in Indonesia and that law is a fixed or static norm that is positive into written law and becomes dynamic in its implementation. According to the author, the law should live in a dynamic social life and the
25 Putra, Maharidawan. "Hukum Dan Perubahan Sosial (Tinjauan Terhadap Modernisasi Dari Aspek Kemajuan Teknologi)." Morality: Jurnal Ilmu Hukum 4, No. 1 (2018): 47-59.
26 Ariyani, Nur Indah, And Okta Nurcahyono. "Digitalisasi Pasar Tradisional: Perspektif Teori Perubahan Sosial." Jurnal Analisa Sosiologi 3, No. 1 (2014): 1-12.
27 Paralihan, Hotmatua. "Hubungan Antara Islam Dan Demokrasi: Menguatnya Politik Identitas Ancaman Kemanusiaan Di Indonesia." Aqlania: Jurnal Filsafat Dan Teologi Islam 10, No. 1 (2019): 63-83.
28 Saleh, Adam. "Perubahan Sosial Budaya Masyarakat Pedesaan Pasca Revolusi Hijau." Moderasi: Jurnal Studi Ilmu Pengetahuan Sosial 1, No. 1 (2020): 71-93
role of static norms is able to follow these social developments because social change will determine where our lawyers will take us. And there's nothing wrong if we want to apply the legal concept of other countries to our country because that's only a comparison to get to a law that can make people happy.
C. Conclusion
The relationship between law and social change is influenced by several factors, such as the physical habitat as a limiting factor for the possibility that human work will play a passive role. Population factors are often associated with the community's ability to develop itself.
Technological factors can also influence collective social change as well as the structure of culture and society that has changed closely with social change. The process of changes in society in the world today is a normal phenomenon whose effects spread rapidly to other parts of the world, thanks in part to the existence of modern communication with a rapidly developing level of technology. New discoveries in the field of technology, a revolution, modernization of education and other incidents that occur can quickly be known by other people who live far from the center of the events mentioned above.
Progressive law is a thought that wants to find ways to overcome legal downturns in a more meaningful way, in the sense of faster changes, fundamental reversals, liberations, breakthroughs and so on. These methods are carried out by emphasizing "law for humans and not vice versa, humans for the law", "law substantially, not artificially", and "laws holistically, not skeletonically". The birth of modern law (which is liberal) is not the end o f everything but a means to reach further goals. The further goal is the welfare and happiness of society. Society is less happy if the law only protects and gives freedom to individuals and does not pay attention to happiness. According to Satjipto Rahardjo, this is what is referred to as a new era, namely post-liberal, where the people want the law to also actively pay attention to the welfare and happiness of society, in fact, not only paying attention to individual independence and freedom.
Social change occurs because of the transformation of the elements that maintain the balance of society, such as changes in elements of geography, biology, economy, civilization, and technological advances. In terms of social change that has an impact on society, there are negative impacts and positive impacts. The negative impact on society is social disorganization, where there is a weakening of norms and values in society, the culture shock that occurs because they are not ready to face change, incompatibility between cultural elements due to changes and cultural shifts and differences in the level of progress between various regions within a culture. The positive impact on society is the emergence of new values and norms that are more in line with the times, the development of new social institutions and technological developments.
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