Ideal Concept of Progressive Law for Poor Convicts in Judicial Process Based on The Principles Of Constitutional Law

. Judges’ perception of the current law enforcement process is not yet based on progressive law, instead it is rather based on positivistic-legalistic legal thinking that views law merely a law that requires them to pursue legal certainty while neglecting the social justice. The concept of progressive law is essential in the law development, starting from the basic assumption that regards law an institution that aims to lead people to a just and prosperous life. This research is a normative legal research done using normative case studies. Statutory approach was employed, and data of this research were analyzed using an interactive model of analysis. It is found that judges in making decisions of legal cases involving poor defendants should also regard the progressive law and prioritize restorative justice. Imposing crimes through restorative justice for defendants living in poverty is the duty and responsibility of law enforcement officials to sharpen legal analysis and increase the sensitivity of the human conscience while at the same time maintain the ideal concept of providing legal aids in the judicial process for the poor is through penal mediation that can be carried out at court hearings, mediated by the judges. The legal basis for holding penal mediation at court level is the Law Number 4 of 2004 concerning Judicial Authority which contains the spirit of the restorative justice.