Advokasi Ekonomi Syariah 6 - Urgensi Yurisprudensi dalam Penemuan Hukum

Summary

This video explores the concept of jurisprudence in Islamic economic advocacy, specifically within the context of the game Clash of Clans (COC). It covers the origins of the term 'jurisprudence', its definition, and various interpretations in both Civil Law and Common Law systems. The video further delves into the two types of jurisprudence: permanent and dynamic, detailing their roles in shaping legal decisions. Additionally, it outlines the process of forming jurisprudence in Indonesia, emphasizing its significance as a source of law and guiding principle for judges in legal proceedings.

Takeaways

• 😀 Yurisprudensi is a term derived from Latin and refers to knowledge of law or judicial decisions that guide legal practice.
• 😀 The concept of yurisprudensi in Indonesia is influenced by both the Civil Law system and Anglo-Saxon legal principles.
• 😀 There are two main types of yurisprudensi: Constant Jurisprudence (Yurisprudensi Tetap) and Non-Constant Jurisprudence (Yurisprudensi Tidak Tetap).
• 😀 Constant Jurisprudence consists of court decisions that have gained legal force and are followed consistently by judges in future cases.
• 😀 Non-Constant Jurisprudence addresses new legal issues or societal changes and is not always followed in subsequent rulings.
• 😀 Key criteria for a decision to be considered jurisprudence include legal force, being a new legal finding, and being referenced by other judges.
• 😀 The process of forming jurisprudence in Indonesia involves several stages: identification, planning, recording, and publishing important decisions.
• 😀 Jurisprudence plays a crucial role in legal certainty by offering precedents that help judges navigate new legal challenges.
• 😀 In Indonesia, yurisprudensi serves as both a source of law and a reference point for judges when resolving legal disputes.
• 😀 The formation of jurisprudence in Indonesia has evolved with an emphasis on involving private and academic sectors, with recent guidelines set by the Supreme Court for its development.
• 😀 Jurisprudence in the Indonesian legal system is recognized as a dynamic and essential part of legal development, bridging gaps in statutory law and ensuring consistency in judicial decisions.

Q & A

What is jurisprudence and where does the term originate from?

Jurisprudence is derived from the Latin word 'jurisprudencia,' meaning knowledge of law. It refers to the systematic study and interpretation of legal decisions and principles. The term is also influenced by the Dutch 'jurisprudentie' and the French 'jurisprudence'.

What is the difference between jurisprudence and case law?

Jurisprudence refers to a collection of judicial decisions and legal doctrines, while case law primarily deals with legal principles developed through the outcomes of court decisions. Jurisprudence is broader, encompassing precedents and teachings that influence legal interpretation.

What are the two types of jurisprudence?

The two types of jurisprudence are 'fixed' (permanent) jurisprudence, which is based on decisions that are repeatedly followed by other judges, and 'non-fixed' jurisprudence, which responds to new legal issues and social dynamics, often filling gaps in the law.

What role does jurisprudence play in the Indonesian legal system?

In Indonesia, jurisprudence plays a crucial role in the legal system by guiding judges in their decisions, ensuring consistency in rulings, and addressing legal gaps. It is a key source of law, particularly when statutory law is insufficient.

What is the relationship between jurisprudence and legal codification?

Jurisprudence and legal codification are interconnected in that jurisprudence often fills gaps in codified law. Jurisprudence helps develop legal principles that can later be incorporated into written law, thus influencing legal codification.

What are the six criteria for a decision to be classified as jurisprudence?

The six criteria for a decision to be classified as jurisprudence are: (1) the decision must be final and binding, (2) it must introduce new legal principles, (3) it must address social issues, (4) it must reflect legal development, (5) it must be consistently referenced, and (6) it must be upheld by the Supreme Court.

How does fixed jurisprudence differ from non-fixed jurisprudence?

Fixed jurisprudence consists of rulings that are consistently followed and form the basis for future legal decisions. Non-fixed jurisprudence, on the other hand, emerges to address new legal challenges and may not be consistently followed by judges, offering flexibility in the application of law.

What are the five stages in the formation of jurisprudence in Indonesia?

The five stages in the formation of jurisprudence in Indonesia are: (1) identification of important rulings, (2) planning of the legal framework, (3) recording of case details, (4) publication of decisions, and (5) ongoing dissemination through legal channels, particularly online.

What makes jurisprudence in the Indonesian legal system distinct from that of the common law system?

In the Indonesian legal system, which follows the Civil Law tradition, jurisprudence is persuasive rather than binding. This contrasts with common law systems, where judicial decisions are considered binding and must be followed in similar cases under the principle of 'stare decisis'.

Why is jurisprudence considered important in Indonesia's legal development?

Jurisprudence is vital in Indonesia as it fills legal gaps, offers consistency in rulings, and adapts the law to changing social realities. It is a key element in the country's evolving legal framework, influencing both legislative developments and judicial decision-making.