Conscience Above the Article
(Reflection on National Justice Day, March 1)
By: Ali Aminulloh
In the courtroom, the law is not always black and white. There are gray areas that can only be illuminated by conscience. It is there that justice finds its most humane meaning.
National Justice Day, commemorated every March 1, is not merely a ceremonial event. It is a moment for reflection: does our law operate solely on text, or is it truly alive in society? Its establishment through Government Regulation Number 94 of 2012 marks the state’s attention to the dignity of judges. However, the true dignity of judges arises not only from regulations, but also from moral courage in deciding cases.
The history of the founding of the Indonesian Judges Association (IKAHI) in 1953 emphasizes that judicial independence is a fundamental foundation. Without independence, justice becomes merely a formality. Without integrity, the law can become a tool of power.
Living Law, Not Just Written
It is in this context that Satjipto Rahardjo’s idea of progressive law finds relevance. He reminded that law is not an end in itself, but rather a means to bring justice and human happiness. He argued that law must be aligned with human values.
Progressive law rejects the view that judges are merely “mouthpieces of the law.” Instead, judges are positioned as active subjects who use conscience, empathy, and common sense in interpreting the rules. Justice should not stop at formal justice, which merely adheres to the letter of the article, but must achieve substantive justice, which touches the community’s sense of justice.
In this framework, the judge’s gavel is not merely a symbol of power, but also a symbol of moral responsibility.
The Spirit of the New Criminal Code: Humanizing Law
This spirit can also be seen in the spirit of Law Number 1 of 2023 concerning the New Criminal Code. This regulation not only replaces colonial legacies but also seeks to present a more contextual and Indonesian-style criminal law.
The New Criminal Code emphasizes the principle of balance between legal certainty and justice, between community protection and individual rights. It strengthens the principles of proportionality, restorative justice, and recognition of legal values inherent in society.
This is where progressive law and the New Criminal Code meet: both place humans at the center. The law no longer stands rigidly as a punitive machine, but rather as an instrument for fostering, restoring, and protecting human dignity.
Upholding Justice in the Modern Era
The theme of National Justice Day 2026, about the role of technology in the legal process, further expands the space for reflection. Digitization of justice, system transparency, and access to information are steps forward. However, no matter how sophisticated technology becomes, it still requires the touch of human conscience.
Progressive law reminds us that artificial intelligence cannot replace empathy. Algorithms cannot feel the suffering of victims or understand the complexities of the social life of defendants. This is where judges are tested: their ability to combine legal certainty, technological sophistication, and a sensitive conscience.
National Justice Day is ultimately not just about judges, but about the direction of Indonesian law. Will it remain rigidly bound by the text, or will it have the courage to live with reality?
Because, in truth, a just law is not the law with the most comprehensive articles, but rather the law that most closely aligns with the people’s sense of justice. And behind every verdict, there is always a silent question: has justice truly been upheld?
Jakarta, Indonesia, March 1, 2026
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