THE CONCEPT OF PROGRESSIVE JUDGE IN HANDLING CORRUPTION CASES IN FORMULATING THE CONCEPT OF PROGRESSIVE JUDGE IN HANDLING CORRUPTION CASES IN INDONESIA

The main problem studied in this writing is the failure of judges to eradicate corruption in Indonesia in their decisions. The data is collected by interviews and studies of verdict documents. To analyze that problem there needs a study in socio-legal research with the legal hermeneutical approach. The result of this research shows the weaknesses of judges in deciding verdicts for corruption. The narrow interpretation of corruption and the performance orientation of judges contributed to the failure of judges in eradicating corruption. There needs to be an introduction of the concept progressive judges to overcome the aforementioned problems. Progressive Judges are judges who can creatively interpret the law on existing regulations, without having to wait for regulatory changes. Poor regulation does not have to be a barrier for progressive judges to present fair, definite, and useful laws because they can make progressive interpretations of existing regulations.

institutions. There are even some with the opinion of corruption being a part of Indonesia's culture. 3 Research shows that corruption in Indonesia has encroached legal institutions, from District Courts and up to the Supreme Courts. Corruption involves almost every figure related to the court such as judges, prosecutors, police, lawyers, and registrars. There are also external influences contributing to the acts of corruption such as case brokers.
Because corruption is spreading across law institutions, it refers to the judiciary mafias.
Judiciary mafias become connotative with the malpractice of collusion between judges, prosecutors, and lawyers, as well as other judiciary figures, which form conspiracies in manipulating victories to one specific side. 4 Judiciary corruption becomes systematic and also a part of its judiciary system because it has been neglected for years. It is as if the practice of judiciary mafias slowly becoming a widely accepted and natural behavior in judicial environments. Case brokers in the judicial can safely operate in front of judges, registrars, prosecutors, and the police.
The following research results in the success of unveiling about 300 respondents that becomes a source of research data in admitting of judicial corruptions. 5 Based on the finding of corruption patterns, judicial mafias exist in every stage of events, from civil, criminal, and commercial judicial. In the stages of inquiry and investigations on criminal judicial, for example, with money, the suspects do not need to rest as inmates, even more so if the negotiation succeeds where the suspects can be acquitted as is. The same aspects can also happen in prosecutions. Articles in the law can be traded to relieve the prosecutor's demands in a case. It's present in the Judges, for every decisive verdict can be bargained with monetary rewards and amenities. 6 The results from the research of the Indonesian Judicial Commission reveals the various problems faced by the judges in sentencing their verdicts. These problems include the weak ability of judges to interpret the facts of the law, the lack of sensitivity of judges to the theoretical basis or philosophy used, and the personal morality of judges. In short, in the judge's decision process there are many problems that have implications for the quality 3 Sahlan Said, 'Penegakan Hukum Anti Korupsi" (2005)  of the verdict. In short, the process of a judge's verdict lies many problems implicating the quality of a verdict's results. 7

B. Problem Formulation
The problem formulations in this study are: 1) Why do judges fail in handling corruption cases in Indonesia to present a just law ? 2). What is the urgency of presenting the concept of progressive judge in handling corruption cases in Indonesia?

C. Methodology
The data is collected by interviews and studies of verdict documents. The data is analyzed through an interactive model by Mattew B. Miles and A. Micheal Haberman. 8 Data validation is completed through triangulating sources and methods. 9 The main problem studied in this writing is the behavior of judges in the process of verdict decisions for corruption cases in the Anti-Corruption Court resulting in the failures of judges to eradicate corruption in Indonesia. To analyze that problem there needs a study in socio-legal research with hermeneutical approaches in law.
A hermeneutical approach in law assumes that every shape and behavioral results between humans (including the behavioral results of judges) will always be determined through interpretation made and agreed by each acting figures in said processions, which will also give variations of meaning to facts currently studied as objects. Hermeneutical approaches in law are done to understand (verstehen) the meanings of emic laws behind the phenomenon inside a judge's verdict about corruption through interpretations. 10 D. Discussion and Results

Judges' Failures in Eradicating Corruption Cases
The result of the research shows various existing types of judges in understanding corruption across the judiciary. Viewing from the thinking process of judges, there are two types of judges, being positivistic and non-positivistic. Looking at how one 7  The positivistic judge heavily emphasizes to degrees of formal textual rules in understanding the factuality of laws, whereas the non-positivistic elaborates on textual rules of law in a socio-cultural context encompassing it. The main characteristic of the positivistic thinking process is to use articles of law as the only guidelines and sources with absolute legality in handling cases. The creativity of the judge does not have a place to find legalities and is oftentimes positioned as a funnel that speaks of legalities.
The rules of law are placed on themselves as a purpose and become lacking in sensitivity to various dimensions outside of textual legalities. Honesty and wisdom in performing laws are devoid of attention, which caused sensitivity, empathy, as well as dedication to bring truths and justices to decline. Truth and justice become nothing more than a business of formal legality. This manner of thinking prioritizes the certainty of law in comparison to the values of justice and the benefits of the law. A striking characteristic of this thinking process is the deductive quality in finding truth by prioritizing formal logic. 12 The positivistic belief is still dominating the way of thinking for judges in Indonesian courts today. The implication being the lack of freedom for judges to find material truths to introduce fair, just, and civilly beneficial laws. Judges in proving cases of corruption heavily believed in deductive thinking and less likely to develop inductive thinking in finding judicial truths and judicial facts. 13 The quality of law understanding toward philosophical and theoretical questions for a judicial problem is still very weak and lacking. The thinking process of judges heavily enforces only formal logic. This thought process is commonly acquired in the For that guilty verdict, exist variations of a verdict that ranges from very light, to moderate, and at the highest. The particularity of cases depends on the basics of consideration, which becomes the basis of judges in proclaiming their verdicts. In general, the previous results of the research can be depicted according to Figure 1.  The process of handling cases by judges in court is not only a judicially and procedurally technical matter for the application of regulations but also involving the orientation of values held by the judge. In the process of passing decisions, there are processes for thinking, weighing, and dialoguing with values that reside in the judge's mentality. Ronald Beiner precisely said that the judge's decision was "... mental activity that is not bound to rules ...". 17 The judge will sort out and select the realization of values. The realization and selection of these values in practice are largely determined by factors that include the level of interest, knowledge, life necessities, environment, and habits as well as the personal characteristics of the judge. These factors will determine the direction of the judge in deciding the case.

The Importance of a Progressive Legal Approach for Judges in Handling Corruption Cases
Referring to the findings of this study, Progressive Laws are very important as a presentation for a philosophical and theoretical basis to eradicate corruption in Indonesia that experiences many moral declines and regulation failures. Progressive Law originates from dissatisfactions and concerns over the performance and quality of law enforcement in the latest Indonesian setting. Progressive Law departs from the basic assumptions that the presence of law is for humans, and not vice versa where humans are for laws. This assumption carries the consequence that the presence of the law is not for the merits of itself, but a bigger and broader purpose. Therefore, if there are legality issues, then there must be reviews and corrections of laws, without humanities forcefully included in its legal schematics. The law is not an absolute and final institution, because the law is always in the process of continuous progressions (law as a process and in the making). 22 In Progressive Law, humans are above the law. The law is only a means to guarantee and protect various human needs. The law is not an absolute and autonomous document. Progressive Laws rest on human decisions and bring the consequences of the importance of creativities in humanities. Creativity is in the context of law enforcement as an addition to the intention to overcome underdevelopment and legal inequality, which is also intended to make breakthroughs of the law. This is intended to realize humanitarian goals through the operation of the law, which is to create happiness for the citizens of the community. This also means that the rules of law must also make people happy. The spirit of progressive laws is the spirit of liberation. This liberation includes (i) Liberations from the conventional types, ways of thinking, principles, and theories; (ii) liberation from cultures of ruling law enforcements that have hampered the legal efforts to resolve the various problems. 23 Progressive Law encourages that in law enforcement, judges must dare to free themselves from the use of conventional patterns. The method has been done before, including in the United States. This method is called rule-breaking. 24 There are 3 (three) ways to do rule-breaking: (1) Use every potential knowledge and dare to find a new path and disallow yourself to be restrained by conventional ways that have hurt various sensibilities of justice; (2) The search for additional meaning to create a new measure when carrying out the law and each party involved in the law enforcement process is encouraged to ask their conscience about the deeper meaning of the law; (3) In carrying out the law, use not only logic, but also feelings, care, and involvement (compassion) to the weak group. The search for justice is not only possible from the normative aspect, but also the sociological aspect, especially when it concerns aspects of social justice and the constitutionality of laws. 25 The idea of Progressive Law comes from concerns over the low contribution of Legal Studies in Indonesia to help enlighten the nation out of the crisis, including the crisis in the legal field related to fighting corruption. In the Indonesian context, the importance of Progressive Law is because of experience including the failure of the law to bring corruptors to prison by law enforcement by judges. Almost the same as the experience that has been experienced by America, that the failure was caused by the submissive nature of the completeness of existing laws, such as procedures, doctrines, and principles. As a result, the law would be a haven for corruptors. 26 Viewed from the perspective of Progressive Laws, the methods and practices of law like that classified as being counter progressive. Therefore, there is a need for In a Progressive Law, the process of change does not center on regulations anymore, but on the creativity of legal actors to actualize laws in the right time and space. Actors of Progressive Law can make changes by doing "creative meaning" of existing regulations, without having to wait for changes in regulations. Bad regulations do not have to be a barrier for the perpetrators of Progressive Law to bring justice to the people and justice seekers, because they can make new interpretations of a regulation. 28 Based on the results of the study, it is very relevant that Progressive Law has the presentation as a basis for interpreting the law by the judge in handling cases.
Progressive Law requires a holistic interpretation of a solution to legal problems so that substantive justice will be realized and not merely pursuing mere formal procedural justice. Interpretation means the granting of meaning to the regulatory text and facts and does not stop with the literal reading of the texts and facts. This is the progressive interpretation of the law, namely placing the text/facts in a particular context and then beginning its contextualization.
Progressive interpretation puts the formulation of the rules in the position of initial copies, whereas the intended product results in a deeper meaning, namely justice.
Thus, the initial position of the written law is not final and absolute. Regulations only remind, wherein society there must be justice and that justice becomes formulated in the form of wordings of the legal formulation. The new justice is one thing because there are still others, such as justice, utility, doelmatigheid, and billijkheid. In other words, every time someone reads the rules, someone always has to look for the deeper meanings behind the rules. 29 Progressive interpretation understands the legal process as a process of liberation from legal concepts and doctrines that are outdated to serve the quality of human life today. Progressive interpretation holds to the "legal for human" paradigm, in contrast to analytical jurisprudence, where it follows the "human for law" paradigm. Humans are a symbol of reality and the dynamics of life. A lawyer must guide and serving the community. A balance is needed between "statics and dynamics" between rules and 27 Ibid 3. According to Alkostar, progressive judges cannot be separated from high standard qualifications which include the mastery of scientific competence, professional skills, and personal qualities attached to judges as law enforcement subjects. From their predicate, the ethical consequences of the emergence of a judge's decision are required, which shows moral, intellectual, and emotional intelligence. The verdicts that result can provide spiritual enlightenment for parties who litigate and strengthen social cohesion in social relations.
The predicates of progressive judges are closely related to the ideology of law and judges as law enforcers. Legal ideology is the ideas or values contained in legal norms, while the judge's ideology is the judge's view of and the function of law, which will certainly affect the value and quality of legal products and/or resulting decisions. Does the judge see the law legally and formally, or seeing it meta juridically, or see the law in a socio juridical perspective perspective, or sees the law as inseparable from its social relevance.
The roles and duties of the judges are not just readers of a series of letters in the law made by the legislative bodies. But in its decision to assume the responsibility of being a voice of common sense and articulating the spirit of justice in the complexity and dynamics of people's lives. Progressive judges will select the best law for the worst circumstances. Thus, in a Progressive Law, a judge in deciding to be handed down does not merely carry out the procedure and then apply the articles of the law which are suitable for the events or situations for the appropriate punishment, but sociologically (factually) many social variables also contribute. Indeed, in the process of enforcing the law, the procedures and articles of the law must not be ignored, because they are the main facilities/equipment. However, it must be remembered that being the facilities and equipment are not the actual goals that laws should achieve. These procedures and articles are only for facilities and types of equipment that are expected to accurately deliver law enforcers to arrive at their true legal objectives. That is why the facilities/equipment must be made clear, systematic, transparent, controlled, and logical to provide certainty for the seekers of legal justice.
With that in mind, a judge when upholding the law is essentially related to fundamental issues namely justice, certainty, and social benefits. Radbruch (1961) refers to these three things as basic values which are the goals of the law. Upholding the law is an effort to make these values come true. Once again, the judicial procedures and rules are not the judicial objectives, but the means or equipment whose function is to deliver law enforcers to arrive at their judicial goals so that they become reality, namely justice, certainties, and benefits.
Being aware of this, the work of upholding the law by the judge is certainly not an easy and simple job, like turning on the engine button, if the button is pressed then all the components work automatically. This work requires a lot of energy and is required to work hard and sincerely because it relates to the "fate of humans" which is subject to the law. have not carried out their functions appropriately and optimally to realize the objectives of the law. The function of law enforcement that should be directed to achieve legal objectives in the process of travel experiences distortion, dysfunction, or even malfunction carried out by law enforcement itself, both from the elements of judges, clerks, lawyers, police, prosecutors, and case brokers. This describes the Judicial

Mafia. 33
The failure of law enforcement regarding corruption, previously described at its peak, regards that the Indonesian nation has fallen into a state of legal crisis. The crisis is abnormal conditions from various normalized institutions that organize processions in society no longer being able to carry out their functions properly. The judiciary system loses trust and prestige to realize the value of justice that needs realization. They are no longer in an authoritative position to organize and control economic, social, political procession, etc., but to function as facilities for the interests of power. The law no longer works authentically. The impact of distrust on law enforcement, some individuals then take action on their settlement, which forms the act of vigilantes (eigenrichting).
In a crisis or abnormal situation, there are also ways that legal solutions are needed that are not normal or extraordinary, but still within the corridor of the legal objectives. This extraordinary method does not mean acting anarchistic, but rather embracing a progressive characteristic. Extraordinary thinking, in essence, is not reading the contents of law like someone spelling texts, but as a pursuit in looking for and revealing the meaning of said law. Because of the searches for said meaning, we should act and dare to act in a rule-breaking manner. This extraordinary thinking must start from the judicial community such as judges, prosecutors, advocates, police, and academics. 34 Rule-breaking requires various approaches on how to resolve the law that is holistic and extra-legal (outside the rule of law) to explore the meaning of the law. The experience of legal settlements that only relies on a linear-to-formal juridical approach adds to the row of a disappointment for the seekers of justice. It is time for academics and legal practitioners to transform themselves into finding alternative approaches and 33  The concept of prophetic intelligence is a concept taken from psychology to measure the level of maturity of the personality of an individual. This concept is useful for the development of an individual personality, especially those involved in efforts to solve humanitarian problems. Prophetic Intelligence is a holistic approach in the world of psychology that unites and perfects previous approaches, namely: Cognitive Intelligence, Emotional Intelligence, Adversity Intelligence, and Spiritual Intelligence.
Law enforcement requires all of this intelligence to overcome the legal crisis that occurs, especially related to the declining morality of law enforcement that has always been in the public spotlight lately. 35 In the end, typologies of progressive judges are formulated with the dimensions and characteristics of the following Figure 3.

Basic Overview
Thought Process 1. Judges must have the necessary spirits to release themselves from positivistic thinking when hitting a dead wall through daring to do rule-breaking; 2. Judges must be sensitive to the changes in society, be it national and international changes. 3. Judges must use the law both creatively and contextually. Work Procedure 1. Judges must be impartial in their works and only side with their beliefs of truths and justices; 2. Judges must be able to do changes through the usage of creative law interpretations to existing laws without the need to wait for additional changes to the existing laws. 3. A bad law does not become a hindrance for judges to bring justice for every member of society and every member of the seekers of justice.
Personal Qualification 1. Judges must have multiple intelligences; intellectual intelligence (IQ), emotional intelligence (EQ), and spiritual intelligence (SQ). 2. Judges must have intellectual competencies and professional skills. 3. Judges must have a benevolent personality and values good morality highly. Work Orientation 1. Judges must orientate to realize a substantial amount of a just and fair law undertaking, not only stopping at a fair law procedurals. 2. Judges must not be materialistic or pragmatic in handling their court cases; Figure 3. The Concept of Progressive Judges

E. Conclusion
This paper concludes the following matters: (1) there are weaknesses of judges in deciding corruption cases. These weaknesses are caused by the obsolete way of interpreting judges in interpreting corruption and disorienting the performance of judges in carrying out tasks that give birth to the judicial mafia. That all contributed to the failure of judges in fighting corruption in Indonesia; (2) a progressive law and judge is important to present to overcome the problem of eradicating corruption in Indonesia. In Progressive Laws, the meaning of the law is not centered on the text of the regulation, but on the creativity of judges to actualize legal values in decisions made. Progressive Judges are judges who can make creative legal interpretations of existing regulations, without having to wait for changes in regulations. Bad regulations do not have to be a barrier for progressive judges to present fair, certain, and useful laws because they can make progressive interpretations of existing regulations.