Jurisprudence as a Source of Law in Indonesia: Lessons from the Common Law
Penulis/Author
Muhammad Jibril, S.H., M.PrivateLaw (1); MELODIA PUJI I (2); I WAYAN BHAYU EKA PRATAMA (3); A. PRABU S. LEGOWO (4); MARIO JON JORDI (5)
Tanggal/Date
2023
Kata Kunci/Keyword
Abstrak/Abstract
Purpose: This study analyzes the applicability of jurisprudence in Indonesia and the extent to which its role can influence the decisions of other judges. It also scrutinizes the role of jurisprudence in common law system country to comprehend how jurisprudence have strong influence in court decision.
Methodology: The research method used is juridical normative wherein this research analyzes several court decisions in Indonesia and Australia. This research also utilizes secondary data in the form of literature and relevant laws and regulations relating to jurisprudence.
Results: This study found that the lack of use of jurisprudence would lead to inconsistencies, i.e., disparities. Nonetheless, jurisprudence as a source of law has its own merits and shortcoming. Therefore, albeit Indonesia should apply jurisprudence, it must be applied prudently.
Applications: This study provides the analysis of jurisprudence in common law system as the basis to strengthen the role of jurisprudence in Indonesia as a civil law country.
Novelty/Originality: This study compares the use of jurisprudence as a source of law in Indonesia and Australia as well as analyzed the practical use of jurisprudence in Indonesian court decisions.
