Moral Values and Progressive Judgess Position in Law Enforcement in the Indonesian Judicial System

Abstract

Morals and the legal system in Indonesia correlate with forming laws in Legislative Regulations (legislators) and should make Pancasila values fundamental values or the source of all sources of law, bringing consequences for the makers of Legislative Regulations to become guides and guidelines in conducting legislative function. Ironically, the legislators show paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. This article examines the position of moral and progressive judges in the administration of justice in Indonesia. So what emerges is legal development and law enforcement that is stagnant, centralized, corruptive, very far from divine and humanist values, and far from achieving social justice, so that it will give birth to decisions that are effective and based on law in society and have social justice because law for humans, not humans for law and realizing substantive justice. In the practice of the judicial system, many judges decide cases progressively. It can be seen in the addition of Angelina Sondakh's sentence by Judge Artidjo Alkostar at the cassation level.