Journal of Law and Nation
Vol. 4 No. 1 (2025)

YURISPRUDENSI SEBAGAI SUMBER PEMBARUAN HUKUM DALAM SISTEM CIVIL LAW INDONESIA: KAJIAN PUSTAKA ATAS FUNGSI PENEMUAN HUKUM OLEH HAKIM

Gunawan Widjaja (Fakultas Hukum Universitas 17 Agustus 1945 Jakarta)
Cecep Suhardiman (Fakultas Hukum Universitas 17 Agustus 1945 Jakarta)



Article Info

Publish Date
22 Aug 2025

Abstract

This study discusses the role of jurisprudence as a source of legal reform in Indonesia's civil law system by examining the function of judicial discovery through a literature review. In practice, the limitations of written regulations often encourage judges to interpret and form new norms to fill gaps and adapt the law to societal developments. The process of legal discovery (rechtsvinding) produces decisions that not only resolve individual cases but also form jurisprudence that serves as a guideline for resolving similar cases in the future. This study emphasises that jurisprudence plays a significant role as a driver of national legal reform, although it remains within the framework and supremacy of legislation. Therefore, synergy between judicial discovery and formal legislation is essential to achieve an adaptive, responsive, and just legal system in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

SOLICLAW

Publisher

Subject

Description

Focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, business law, Civil and Criminal ...