The Nature and Existence of Jurisprudence in State Administrative Courts in Indonesia

Abstract

This study investigates the effectiveness of jurisprudence in achieving key objectives within the judicial system, namely legal certainty, justice, and utility in decision-making. The research draws upon a theoretical framework that includes Article 28 of Law No. 48/2009 on Judicial Power, Article 22 AB (Algemene Bepalingen Van Wetgeving), and Article 1917 of the Burgerlijk Wetboek (BW), to explore the role of jurisprudence as a source of law and its significance in guiding judicial decisions. Utilizing a qualitative approach, the study employs legal analysis and case studies to examine how jurisprudence is applied by judges in practice. Data collection involves a thorough review of legal documents, court decisions, and relevant scholarly literature. The findings of this research indicate that jurisprudence plays a crucial role in enhancing the effectiveness of the legal system by ensuring that judicial decisions are consistent, fair, and aligned with established legal principles. By adhering to jurisprudential principles, judges can provide rulings that not only uphold legal certainty but also promote justice and maximize the utility of their decisions. This integration of jurisprudence into judicial decision-making processes strengthens the rule of law and contributes to the overall effectiveness of the legal system, highlighting the indispensable role of jurisprudence in achieving the core objectives of the judiciary.