Pancasila Perspective on the Development of Legal Philosophy: Relation of Justice and Progressive Law

Abstract

The development of philosophical science spreads to aspects of the operation of law along with the dynamics of human civilization. However, this philosophical concept must be filtered with the essential values of a country, including Indonesia. This is because the fusion of philosophical concepts with elements as stated in the state constitution of a country must be interpreted and crystallized in various legal products issued by a country. This study aims to describe the Pancasila perspective on the development of legal philosophy in Indonesia; and analyze the meaning of ‘justice’ from a progressive legal perspective. This research is legal research using a conceptual and philosophical approach. The legal materials used in this research are primary legal materials and secondary legal materials. The result of this research is that the philosophy of law in Indonesia is based on the precepts (sila) of all the precepts in Pancasila. On the other hand, Pancasila is actually in harmony with the flow of legal philosophy, namely Sociological Jurisprudence. Then, one of the progressive legal concepts of Sociological Jurisprudence states that Justice is more oriented as substantive Justice, not procedural Justice. This is because Justice is the essence of the law itself, so Justice cannot be calculated mathematically, cannot be interpreted purely textually or can only be said to be ‘fair’ when two people have the same share as others.