2024-03-17 19:03:50
Sunday, March 17 2024 – 07:03 WIB
Chairman of the MPR Bambang Soesatyo while teaching the Legal Reform course at the Postgraduate Legal Studies Program at Borobudur University, Jakarta, Saturday (16/3). Photo: Public Relations Documentation of the MPR RI
jpnn.comJAKARTA – Chairman of the MPR Bambang Soesatyo revealed that the existence of jurisprudence can still be implemented even though law enforcement in Indonesia is oriented towards codified law.
Apart from filling legal gaps, jurisprudence can also be an instrument to maintain legal certainty.
“Considering that statutory regulations do not necessarily regulate completely and in detail how to fulfill legal rules in every legal incident, jurisprudence can complement it,” said Bamsoet while teaching the Legal Reform course at the Postgraduate Legal Studies Program at Borobudur University, Jakarta, Saturday (16 /3).
Because, said Bamsoet, who is also a Postgraduate Lecturer (S3) in the Legal Studies Program at Borobudur University, apart from law contained in the form of a law, there is also law that originates from judge law (judge made law) which is better known as jurisprudence (jurisprudentierecht). .
Bamsoet explained that through jurisprudence, justice seekers can get clear legal certainty, because a judge’s decision on a case can be used as a basis for other judges in deciding the same case so that between one judge and another judge in deciding the same case, there are no differences in decision. which is significant, let alone contradictory.
“Jurisprudence can prevent disparities in decisions. Because the judge’s decisions will be predictable and open, thus creating a sense of legal certainty and legal equality regarding the same case,” explained Bamsoet.
According to Bamsoet, the presence of jurisprudence, even though it is part of a country with an Anglo Saxon legal tradition, ultimately cannot be avoided in the development and renewal of national law.
Therefore, it is time for judges who develop law through judicial practices to develop and create quality jurisprudential laws.
Chairman of the MPR Bambang Soesatyo alias Bamsoet believes that jurisprudence can complement and become an instrument in maintaining legal certainty
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