The Effectiveness of Law Changes as Progressive Law Implementation on Law Enforcement by Prioritizing Islamic Law as a Benchmark

Abstract

Indonesia is a rule of law, carrying out an action, all based on the rules or in accordance with applicable law. Law enforcement institutions in Indonesia consist of the police, prosecutors, lawyers and judges. But from the law enforcement institution, the judge has a central role, because the judge has the authority to decide on the case, who is right and who is wrong. Efforts to provide a guarantee of a sense of justice for justice seekers are needed by judges who have an analysis that has good legal analysis, integrity, morals and ethics. The relationship between law, judges and justice is a manifestation of substantive justice in accordance with the values in Pancasila very dependent on the legal thinking applied by the judge in the court. Progressive legal thinking is a legal thought that places human factors more important and is above the rules. Written legal regulations (law) are static while human life is dynamic, often new problems that have never been regulated by previous laws and regulations. Therefore, statutory regulations need to be changed that can guarantee community justice by prioritizing sociological factors that grow in society. Basically, changes to the law can be carried out, but in practice compiling laws requires a long process and costs that are not small, it is less effective, because there are several conditions that may require a change of law as soon as possible. So that other regulations can be issued in addition to the law (PERPU, SEMA, SEJA, etc.) to overcome the situation. The law appeared together with the development of people's lives.