Jurisprudence is: Definition, Function, Elements, Types, Legal Basis, Process, Benefits and Examples
Jurisprudence is: Definition, Function, Elements, Types, Legal Basis, Process, Benefits and Examples – Welcome back to Regarding Knowledge, on this occasion we will discuss Jurisprudence.
Jurisprudence is: Definition, Function, Elements, Types, Legal Basis, Process, Benefits and Examples
The discussion includes the meaning of jurisprudence, its functions, elements, types, legal basis, processes, benefits and examples of jurisprudence which will be explained completely and easily understood. For more details, please read the review below carefully.
Understanding Jurisprudence
Before understanding the meaning of jurisprudence, you must first know the origin of the word. The word jurisprudence comes from Juris Prudential (Latin), Jurisprudentie (Dutch) and Jurisprudence (Dutch) which means the science of law. In the legal knowledge system, Jurisprudence is about positive legal knowledge and is related to other laws.
In the statue law and civil law systems, jurisprudence is a number of decisions that previous judges have made has permanent legal force and is followed by judges or other judicial institutions in deciding a case or case The same.
From the definitions above, it can be generally defined that jurisprudence is decisions made by previous judges to deal with a case that is not regulated in the law and is used as a guide by other judges to resolve a case that is The same.
Understanding Jurisprudence According to Experts
Apart from the general understanding above, below we also provide an understanding of jurisprudence according to several experts which can broaden your insight. So that it adds to the completeness of what is meant by jurisprudence.
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Philipus M. Hadjin
According to Philipus M. Hadjin jurisprudence is a product of the DPR's legislative authority with a general abstract juridical character, whereas in the Supreme Court's decision is in the realm of judicial decisions which have a concrete individual nature, so the law cannot be equated with the Court's decision Great. -
Yan Paramdya Puspa (1977)
According to Yan Paramdya Puspa is a collection or series of decisions of the Supreme Court, various verdicts from various types of cases that based on the discretion of each judge, which is then adopted by other judges to decide cases almost or the same. With the existence of such jurisprudence, judges indirectly form legal material or jurisprudence as a source of law.
Jurisprudential Function
The function of jurisprudence is as follows, namely:
- Enforcing legal certainty
- To realize uniformity of the same legal views
- Used as a legal basis
- Creation of legal standards
Elements of Jurisprudence
Elements of jurisprudence must go through several processes, a decision must fulfill several elements, including the following:
- Fulfillment of fair criteria
- Decisions regarding something that is not clearly regulated
- The same case occurs repeatedly
- The Supreme Court has confirmed it
- The decision remains
Legal Basis of Jurisprudence
In prudential jurisprudence there is a legal basis that can be used as a basis for resolving a case. The legal basis for jurisprudence is Law Number 48 of 2009 which contains the powers of judges, which states "The court may not refuse to examine cases, adjudicating cases and deciding cases submitted on the grounds that the law does not exist or is unclear (vague), but is obliged to examine and judge him. Judges are required to explore, follow and understand justice and legal values that grow and develop in society."
Jurisprudential Process
In deciding a case there are several processes that must be carried out, namely:
-
Examination
This process is a process where research and checking a decision -
Notation
Is a temporary or permanent explanation process that is recorded based on a case
Benefits of Jurisprudence
The benefits of jurisprudence are:
- Serves as a guide for judges in resolving the same case
- Helping to form written laws
Examples of Jurisprudence
Examples from jurisprudence are as follows:
- There is theft of electric current
- A divorce case
- International agreements
- Inheritance of property goesno like this
- Mental disorders experienced by the defendant
- A peace decision
Thus has been explained about Jurisprudence is: Definition, Function, Elements, Types, Legal Basis, Process, Benefits and Examples, hopefully it can increase your insight and knowledge and be useful. Thank you for visiting, don't forget to read our other articles which will continue to be updated every day.
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