Analisis Perbandingan Hukum Tetap: Studi Kasus di Indonesia

The Indonesian legal system, a blend of civil law and customary law, has long grappled with the concept of *stare decisis*, or the principle of precedent. While not explicitly enshrined in the Indonesian legal framework, the influence of precedent is undeniable, particularly in the realm of judicial decisions. This essay delves into the nuances of *stare decisis* in Indonesia, analyzing its application through a case study and exploring its impact on the legal landscape.

The Concept of *Stare Decisis* in Indonesia

*Stare decisis*, a Latin phrase meaning "to stand by things decided," is a legal doctrine that compels courts to adhere to previous rulings on similar cases. This principle promotes consistency and predictability in legal outcomes, ensuring fairness and reducing the potential for arbitrary decisions. However, the application of *stare decisis* in Indonesia is not as straightforward as in common law jurisdictions. While Indonesian courts are not bound by precedent in the same way as their counterparts in countries like the United Kingdom or the United States, they do consider previous rulings as persuasive authority. This means that judges are encouraged to follow established precedents, but they are not obligated to do so.

Case Study: The *Marbury v. Madison* of Indonesia

One notable case that exemplifies the influence of precedent in Indonesia is the 1999 Constitutional Court decision in the case of *S.K. No. 11/PUU-I/1999*. This landmark ruling, often referred to as the "Marbury v. Madison" of Indonesia, established the Constitutional Court's power of judicial review. The Court, in its decision, relied heavily on previous rulings from the Supreme Court, demonstrating the persuasive power of precedent in shaping legal interpretation. While the Constitutional Court was not bound by these earlier decisions, it acknowledged their significance and incorporated their principles into its own ruling.

The Impact of *Stare Decisis* on the Indonesian Legal System

The application of *stare decisis* in Indonesia, albeit nuanced, has a profound impact on the legal system. It fosters a sense of predictability and stability, allowing legal professionals and the public to anticipate potential outcomes based on past rulings. This predictability is crucial for businesses, investors, and individuals alike, as it provides a framework for legal certainty. Moreover, the reliance on precedent encourages judicial consistency, reducing the likelihood of arbitrary or inconsistent decisions.

Conclusion

While Indonesia's legal system does not explicitly embrace *stare decisis* in the same way as common law jurisdictions, the influence of precedent is undeniable. The case study of *S.K. No. 11/PUU-I/1999* highlights the persuasive power of precedent in shaping judicial decisions. The application of *stare decisis* in Indonesia, though not absolute, contributes to legal certainty, predictability, and consistency, ultimately strengthening the legal framework and promoting a fairer and more stable legal system.