Jurnal Greenation Sosial dan Politik · e-ISSN: 2985-9433 · p-ISSN: 2985-9425

Progressive Legal Reform as an Effort to Address Inequality in Law Enforcement and Strengthen Social Cohesion in Indonesia

Achmad Muchtarom Azis Budianto
Vol. 3 No. 4 (2025) 23 November 2025 Pages 866-874

Abstract

Social cohesion is a key pillar in maintaining national unity and preventing societal disintegration, but unequal law enforcement in Indonesia often creates a sense of injustice that weakens social cohesion. This study aims to examine the application of progressive law as a strategic instrument to strengthen social cohesion through a substantive justice approach that respects legal certainty. Using normative methods through statutory and conceptual approaches, this study analyzes the relevance of progressive law in addressing the misalignment between formal law and societal justice needs. The study shows that progressive law, as developed by Satjipto Rahardjo, views law as a means of social engineering that must be responsive to societal values. Its implementation is reflected in the restorative justice policy (Prosecutor's Regulation No. 13 of 2019) which emphasizes victim recovery and improving social relations; the child diversion mechanism (Law No. 11 of 2012 concerning the Juvenile Criminal Justice System) which prioritizes rehabilitation; and the obligation of judges to explore the values ??of justice in society (Article 5 paragraph (1) of Law No. 48 of 2009 in conjunction with Law No. 5 of 2023 concerning the Supreme Court). This approach demonstrates that substantive justice can be achieved without sacrificing legal certainty, increasing public trust in the law, and strengthening social cohesion. Thus, progressive law is relevant as a guideline for reforming the Indonesian legal system to make it more responsive, humane, and socially just.

Keywords

Social Cohesion Progressive Law Justice Legal Certainty