The law promulgated is an unwritten or customary law. This law is also binding because it systematically embodies what is in the regulations. Thus, it is only within the limits of his powers that the judge has the task of defining and interpreting the rules. The decision of a judge in a case binds only the parties to the case (res ajudicata). 3. The source of the law used is the law. This law is formed by the legislative power adopted by the executive. Thus, there is good cooperation between those in power in the formation of law. Experience shows that when some Indonesians receive scholarships and study law in Australia, England and the United States upon their return, they bring jurisprudential provisions of a system that is not really suitable for Indonesia. However, if you want to transplant from another system that is not fully adapted to the existing system in Indonesia, you should strive to be carefully harmonized, as is the case in many civil law systems such as France, Germany, China and Japan. Some of the above countries also perform transplants harmonizing with the conditions and situations of their respective countries, which should also be done in Indonesia. Therefore, the differences between civil and common law legal systems should be understood and accepted more openly.
The a priori nature of the identification of differences should be abandoned so that the usefulness and usefulness of each legal system can be exploited by each other. 3.La legal certainty is even more appreciated when considering the system of judicial enforcement in Anglo-Saxon countries, namely the jury system. Under this system in criminal proceedings, the jury is the one that decides at the end of the hearing whether the defendant is guilty or not guilty. If the jury finds guilty only at that time, the judge (usually alone) plays a role in determining the seriousness of the crime or the nature of the crime. If the jury finds not guilty, the judge acquits the defendant (the accused). 1. The system is too rigid, it cannot keep up with the times, because judges must submit to the laws already in force (positive law). Indeed, in order to achieve justice, the community based on the rule of law must be dynamic and adapt to the development of society. In its development, this legal system is divided into public and private law. Public law includes the legal regulations that govern the power and authority of the ruler/state with its relationship between society and state. Meanwhile, private law contains legal rules that govern the relationship between individuals and individuals. In Indonesia, many Western laws and regulations have been adopted, promulgated and codified, e.g.
Penal Code (KUHP), Civil Code (KUHP), Commercial Code (KUHD). 2. The sources of law are the decisions of judges, the customs and written provisions of the laws and administrative regulations of the State, although much of the basis for the formation of these written customs and regulations derives from the judgments of the courts. Thus, existing sources of law have already been tested during the settlement of a case. 4. There is a classification of the legal order of continental Europe into 2 areas, namely private law and public law. This makes it easier to resolve a case. If the case is between the municipality and the State, it includes public law. And if the conflict between individuals in society, then it belongs to the domain of private law. 2.
The fundamental principle on which the European legal order is based is that `[t]he law becomes binding because it is enshrined in rules which take the form of laws and which are systematically codified or compiled`. This basic principle is adopted because it seeks to achieve the legal objective of „legal certainty”. Thus, legal certainty in this continental European legal system is highly perceived and guaranteed. Refers to legal rules on property rights, personal laws, the law of agreements and illegal acts. 5. Judges play a very important role in shaping the entire system of people`s lives. Because hekim has a very broad wewnang to interpret the applicable legal regulations. In addition, new legal principles will be created that will serve as a decision-making aid for other judges in similar cases.