Perbandingan Sistem Hukum Inggris Dengan Jerman (Refleksi Terhadap Sumber Hukum Dan Penerapan Hukum Indonesia)

This article explains the differences and similarities between the British legal system and German Law and reflects their application to Indonesian law which was influenced by the swift flow of legalism. The writing uses a normative juridical method with a comparative law approach. Authors use Engli...

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Bibliographic Details
Published inYurispruden Vol. 5; no. 2; p. 141
Main Authors Tampubolon, Manotar, Simbolon, Putu George Matthew
Format Journal Article
LanguageEnglish
Published Faculty of Law Universitas Islam Malang 22.06.2022
Subjects
Civil Law
Common Law
Indonesian Law
Reflection
Stare Decisis
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Summary:This article explains the differences and similarities between the British legal system and German Law and reflects their application to Indonesian law which was influenced by the swift flow of legalism. The writing uses a normative juridical method with a comparative law approach. Authors use English common law sources along with their application and German civil law along with their application under the stuffenbau theory. The difference between these legal systems is the common law system prioritizes precedent application, while the civil law system prioritizes statutes. Furthermore, these systems also have similarities whereas both systems are applying customs, doctrines, and legal interpretations as to their complementary legal instruments. The authors address that Indonesia needs to apply methods beyond the statute approach, and Indonesia shall take into account customs, doctrines, and interpretations to achieve justice.
ISSN:2614-3852
2614-3992
DOI:10.33474/yur.v5i2.11114