Jurnal Hukum Sehasen
Vol 10 No 2 (2024): Oktober

The Convergence Between Textual Law And Progressive Law In Addressing Contemporary Legal Challenges

Efendie Efendie (Pascasarjana Universitas Wisnuwardhana Malang)
Agus Sugiarto (Pascasarjana Universitas Wisnuwardhana Malang)
Marsudi Dedi Putra (Pascasarjana Universitas Wisnuwardhana Malang)



Article Info

Publish Date
11 Oct 2024

Abstract

This article explores the intersection between textual law and progressive law in the context of resolving contemporary legal challenges. Normative law is the choice for this research, with a case and conceptual approach. Collecting legal materials using literature studies and analyzing them using qualitative descriptive. This research produces: Textual law offers legal certainty through strict interpretation of statutory texts, while progressive law emphasizes substantive justice and adaptation to social change. This analysis identifies how these two approaches can complement each other to create a legal system that is fairer and more responsive, and considers community participation in the legal process. Case studies and theoretical contributions support the argument that combining textual legal principles with progressive legal flexibility can increase the effectiveness of law enforcement in dealing with the complexity and dynamics of law in an era of rapid technological development.

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Journal Info

Abbrev

jhs

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Sehasen (JHS) is a peer-reviewed open-access journal that aims to publish manuscripts of high-quality research as well as conceptual analysis that studies specific fields of law, such as Islamic law, customary/adat law, philosophy of law, fundamental law, legal theory, comparative law, ...