The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia

Abstract

All this time, both in academic discourse and the reality of legal practice in the field tend to show a lack of attention to the rule of judges as an instrument of legal reform. Generally, the law is regarded as the main instrument of legal reform. Therefore, instilling an understanding of the law enforcement officers, especially the judges through their decision, is a very urgent thing to do. The main issue to be discussed in this paper is: How is the contribution of the Judge's decision to legal reform in Indonesia? This study used the perspective of the School of Sociological Jurisprudence, mainly the philosophical mind of Roscoe Pound. The results of this study show that the effort to make a judge's decision as a means of legal reform is a necessity. This can be realized through a progressive legal paradigm. The presence of a progressive legal paradigm is very important in order to give birth to a progressive type of judge who has a legal decision that qualifies maturity of law. The product of a progressive judge's decision is expected to become a jurisprudence that can be used as a reference in solving the next case so that judges will be able to make the law, not merely as a tool of social control as well as a tool of social engineering. These conceptions of legal function are essentially about to reveal that the nature of the law is dynamic rather than static. The legal philosophy of the sociological jurisprudence school offers a holistic understanding and a holistic view of the law, that is, the law applied must pay attention to the values, the living law, and the local wisdom of society. This holistic understanding of the law will ultimately be able to unify the law and society as its sociological basis.

challenge of customary law implementation in the optimistic law era in saving healthy Indonesian environment

“…This process is made possible and facilitated by technological advances, especially communication and transportation technology. The globalization process in the next journey is marked by the rapid development of capitalism, namely the increasingly globalizing role of markets, investment, and production processes of transnational companies, which are then strengthened by the ideology and the new world trade order under a rule set by the global free trade organization (Fikriawan et al, 2021). Thus, globalization is solely determined by an economic phenomenon (many of which refer to the role of transnational corporations-TNCs) but is a phenomenon formed by the joint influence of political, social, cultural, and economic factors (Keohane & Nye, 2020).…”