Jurnal Legisia
Vol 16 No 2 (2024): Juli

DINAMIKA YURISPRUDENSI SEBAGAI SUMBER HUKUM DALAM SISTEM HUKUM DI INDONESIA

Nahrowi, Nahrowi (Unknown)
Murtadlo, Muhammad Ali (Unknown)



Article Info

Publish Date
30 Jul 2024

Abstract

This article explores the dynamics of jurisprudence as a source of law within Indonesia's legal system. It highlights the role of jurisprudence in shaping legal decisions and its status among other legal sources such as legislation and customary law. Despite being an essential component, jurisprudence often receives inadequate attention, leading to inconsistencies in its application across various judicial decisions. This paper employs a qualitative research approach, analyzing relevant literature and case law to examine the acceptance and challenges of jurisprudence in Indonesian practice. Through case studies of key court decisions, the article illustrates the influence of jurisprudence on judicial reasoning and legal development. The findings indicate that jurisprudence significantly contributes to the formation of legal norms and provides a crucial framework for legal interpretation. However, challenges such as inconsistent application and limited understanding among judges highlight the need for greater emphasis on jurisprudence in legal education and practice. The article concludes by recommending measures to enhance the quality and consistency of jurisprudence, thereby strengthening its role as a source of law in Indonesia.

Copyrights © 2024






Journal Info

Abbrev

legisia

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Legisia is an open access journal affiliated with Sunan Giri University Surabaya and published by the Faculty of Law and social sciences, Sunan Giri University Surabaya in a printed version, for the first time in 2010. This journal aims to serve as a forum for legal practitioners and researchers who ...