This paper aims to discuss the urgency of using a cultural approach in studying the rule of law in Indonesia. As developed by a late Indonesian legal scholar, Satjipto Rahardjo, this approach assumes that the rule of law or negara hukum can be established by good laws and good legal institutions as well as appropriate legal culture. This sort of culture will determine the ways actors and institutions make and implement the laws. Nevertheless, the culture is often transplanted from western legal culture, with few attempts to make it reflect basic eastern values as embedded in Indonesian culture.
After his long-term study of sociology of law in Indonesia and his deep analysis of legal problems in post-New Order Indonesia, Satjipto Rahardjo found an innovative concept of the rule of law. How this concept has evolved is the main theme of this paper. For this reason, I divide it into five sections: (i) an introductory section of Indonesian political transition since 1998 and internalization discourse on the rule of law; (ii) a brief explanation on the basic concepts of the rule of law, including those that are originated from Indonesian legal scholars; (iii) Rahardjo’s criticism on the modern concepts and practices of the rule of law; (iv) Rahardjo’s alternative concept of Progressive Law as a way of bringing justice closer to the people (v) the conclusion that show Rahadjo’s idea on Indonesia rule of law is an on going process.
Penulis: Yance Arizona
Kategori: Working Paper
Arizona, Yance, 2010. Negara hukum bernurani: Gagasan Satjipto Rahardjo tentang negara hukum Indonesia, Kertas Kerja Epistema No.04/2010, Jakarta: Epistema Institute.
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