Tracing the Performance of Law in Indonesia (A Perspective of Thomas Kuhn’s "Normal Science")

Abstract

The hustle and bustle of ’unique’ legal decisions in Indonesian posed by  the positivistic approach of law performance, this is because the approach has been in the phase of normal science of law paradigm. This assumption is quite reasonable considering the justification of legal reasoning has somehow negated human values, or justice. The continuum of legal positivism should be given an alternative through the Progressive Law approach, which focuses on the spirit to break, or to conduct a ”Law Breaking”. Moral awareness and soul conscience should be treated as the foundation for the Progressive Law since the approach is conducted holistically and comprehensively. The law is not only seen from the outside and on the surface level but also from the the substance of legal existence among the society, so that the law really meets the thirst of order of justice in the Indonesia today.

Keywords : Law Positivism, Normal Science, Progressive Law.