The Ideal Model of Law Education to Achieve Progressive Law Enforcement

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Sudiyana Sudiyana


The legal education in Indonesia tends to produce graduates who
believe in legal positivism. The principle of legal positivism runs as
follows. Firstly, it encourages law enforcers to think and act in any legal
formalistic way. Secondly, it places judges as the mouthpiece of the law;
who cannot express to make decisions that satisfy a sense of social
justice and substantive justice. How the ideal model of legal education
is formed in order to create more progressive law enforcement. This
article is based on the socio-juridical approach by underlying the
analysis of the law and regulations which are related to the application
of legal education in the community. The legal education is oriented to
legal positivism that results in law enforcement with the understanding
of law based on the abstract values, not on the values that live and
thrive in society, so that the understanding of the law in a legal sense is
more repressive, and not responsive. Law is understood as unfunctional
and un-pragmatic things therefore understanding of law is
the law that merely protects the elite group of citizens, in such a way
that equality before the law and the rule of law don’t work. Legal
education in the future should be based on the sociological aspects of
prioritizing the principles of social justice and the benefits for the
community, instead of legal certainty only. Legal education will produce
a responsive law enforcement that put substantive fairness and social
justice as a legal purpose.

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How to Cite
Sudiyana, S. (2019). The Ideal Model of Law Education to Achieve Progressive Law Enforcement. The Indonesian Journal of International Clinical Legal Education, 1(3).
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