The Anglo-Saxon System of Common Law and the Development of the
Legal System in Indonesia
ARIEF BUDIONO1, WARDAH YUSPIN1, SITI SYAHIDA NURANI2, FAHMI FAIRUZZAMAN1,
SOFYAN WIMBO AGUNG PRADNYAWAN3, SISKA DIANA SARI3
1Faculty of Law, Universitas Muhammadiyah Surakarta,
Jalan A. Yani Mendungan, Pabelan, Kec. Kartasura, Kab. Sukoharjo, Central Java,
INDONESIA
2Faculty of Law, Universitas Muhammadiyah Kupang,
Jalan K. H. A. Dahlan, Kayu Putih, Kec. Oebobo, Kupang City, East Nusa Tenggara,
INDONESIA
3Faculty of Law, Universitas PGRI Madiun,
Jalan Setia Budi No. 85, Kanigoro, Kec. Kartoharjo, Madiun City, East Java
INDONESIA
Abstract: - Indonesia’s legal system is dynamically developing. Courts and constitutional judges often make
legal discoveries to fill in the absence of law or to update existing laws. They do so to suit the most current
needs. This condition should be an anomaly in Indonesia’s existing legal system as it applies to the civil law
legal system. This research aims to track the roots of Indonesia’s legal system and to discover its development.
Indonesia generally applied the civil law system. The practice where judges find and form laws in court is a
convergence of the Common Law justice system. This system influences the legal system in Indonesia. In
addition, Indonesian laws and regulations also adopted several legal concepts that are commonly found in the
Anglo-Saxon legal system or the Common Law, such as Class Action, Citizen Lawsuits, and other concepts.
Key-Words: - Convergence, Anglo-Saxon, Civil Law, Legal System, Indonesia.
Received: May 24, 2022. Revised: January 30, 2023. Accepted: February 25, 2023. Published: March 9, 2023.
1 Introduction
Two legal systems originated from the European
continent, namely:
First, the (Anglo-Saxon) Common Law system.
It is a system that is applied in England and
countries that were formerly colonized by this
country. This legal system has three characteristics,
namely: (1) jurisprudence is the main source of law,
(2) there is an adherence to the precedent system
(the stare decicis doctrine), and (3) there is the
existence of an adversary system in the judiciary.
This system applies unwritten or customary laws
that develop through court decisions. As the basis
for justifying their decisions, judges use stare
decicis or previous judges’ decisions in similar
cases. The position of the judge is limited to
examining and deciding the law, while the jury
examines the case to determine whether or not the
defendant is guilty.
The stare decicis doctrine (jurisprudence)
implies that in deciding a case, a judge must base
his decision on legal principles that existed in the
previous decisions of other judges in similar cases
(precedents). In addition, this principle can create a
new law that can be used as a basis for other judges
to resolve similar cases. In this case, judges do not
only function to establish and interpret legal
regulations. They also play a major role in shaping
the whole order of community life. Judges have the
great authority to interpret applicable legal
regulations. Judges can make decisions according to
customs or fully implement this principle. With
broad magistrates, judges can form new laws
through their interpretation. With their
jurisprudence, they can create norms or rules
following people’s sense of justice, [1].
Second, the Continental Europe system of Civil
Law. This legal system is applied in countries that
were formerly French and Dutch colonies. As a
country that was formerly colonized, based on the
principle of concordance, Indonesia applies the
Civil Law system. This legal system has some
characteristics, namely: (1) the law is a codified
rule, (2) judges are not bound by a system of
precedents (the stare decicis doctrine), and (3)
judges have a major influence in directing and
deciding cases (inquisitorial). In this system, when
deciding upon the cases they handle, judges are
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
207
Volume 22, 2023
bound by law. This means that there is legal
certainty in the form of written laws. Judges have a
very central position, as they directly examine the
case materials they handle. They determine whether
or not the accused is guilty. They also impose the
sentence. This increases the responsibility of judges,
as they must examine legal facts, determine errors,
and apply punishments. At the same time, they must
pass judgment on those who are suspected of being
guilty and must be punished, [2].
These two legal systems are rather different. The
Common Law system offers flexibility in applying
the law because judges do not always have to adhere
to written law. On the contrary, in making decisions,
they can use laws that have developed in society
(customary law and/or the living law). They adhere
to the jurisprudence of judges. The formed rules do
not have to depend on the executive and legislative
elements (as in the civil law system). But decisions
can be used as a source of law, [3]. Therefore, this
research aims to track the roots of the legal system
in Indonesia and its development even though
Indonesia generally applies a civil law system.
Indonesia’s legal system has a special reality. As
a legal system, the civil law system does not stand
alone. It is associated with society’s aspects of life.
It is also influenced by the common law legal
system, especially since the reform process. As a
comprehensive and gradual reformation effort, legal
reform should be implemented in the legal system.
This must include legal substance, legal apparatus,
and legal culture.
This article discusses the influence of the Anglo-
Saxon system on the Indonesian legal system, even
though Indonesia applies the civil law system. To
some degree, the Anglo-Saxon system influences
the Indonesian legal system. This influence
strengthened because the Indonesian government
doesn’t want to be too dependent on the legal
system inherited from the Dutch (i.e., the Civil
Law). In making decisions, an Indonesian judge
named Sarpin Rizaldi used the principle of evidence
fulfilment as the basis. This is like what is applied in
the Anglo-Saxon legal system. In this principle, if a
person wants to file a lawsuit against a suspect to
the court, she must submit all elements of strong
evidence before the trials to the judge to continue
the courtly process, [4].
Solly Lubis believes that the Indonesian people
are looking for a new legal format to be established
as the basis for their legal life. Lubis called it the
concept of a state based on rechtsstaat law. This is a
concept of the civil law legal system, [5].
The derogation of the state-based concept in the
rechtsstaat law affects the government and the legal
system. They refer to the rechtsstaat which is based
on the civil law legal system. According to Mahfud
MD, after the third amendment to the 1945
Constitution, Indonesia's legal system used a
'prismatic concept', [6]. Based on the background of
the problem above, this paper aims to analyze the
influence of the Anglo-Saxon system of Common
Law on the Indonesian legal system.
2 Research Methods
This research used the normative juridical method
with literary and statute approaches. This research
analyzed how far the Anglo-Saxon legal system
influences Indonesia’s system of civil law and why
this influence is developing.
3 Results and Discussion
The word system came from the Greek word
"systema" which can be interpreted as a holistic
thing consisting of various parts. As quoted by Inu
Kencana, Professor Subekti stated that a system is
an orderly arrangement or an order, a holistic thing
consisting of interrelated parts that are arranged
according to a plan or pattern, and the result of
writing to achieve a goal, [7]. A good system shall
have no conflicts between the parts. In addition,
there should be no duplication or overlap among the
parts. A system contains several principles that
guide its formation. A system is inseparable from
the principles that support it.
Law is a system. It is an orderly arrangement of
rules of life consisting of interrelated parts. It can be
concluded that the legal system is a unified order
consisting of parts or elements that are closely
related to one another. To achieve a unitary goal, it
is necessary to cooperate with the parts or elements
according to a certain plan and pattern, [8].
In a system, legal regulations do not stand alone.
Instead, they are interrelated. This is a consequence
of their relationship with society’s aspects of life. In
fact, in society, the whole rule of law constitutes a
legal system. Bellefroid states that the legal system
is a series of legal regulations that are arranged in an
orderly manner according to their principles.
Sudikno Mertokusumo said that a legal system is a
unit consisting of elements that interact and
cooperate to achieve the goals of the unit. From
these definitions, the legal system is a unitary legal
regulation consisting of parts (laws) that interact
with one another, [9]. Then, according to Scholten
as quoted by William, a legal system is a unit within
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
208
the legal system. In that system, no legal regulations
conflict with each other, [10].
According to Lawrence M. Friedman, the legal
system is a system that includes elements of the
legal structure, legal substance, and legal culture.
The first element of Friedman's view is the legal
structure. The legal structure is the whole
framework of the legal system. The legal structure
gives shape to the legal system, thus supporting it. It
encompasses the rights and authorities of each
institution in the country, as well as the country’s
judicial system, [11].
The second element is a legal substance which is
the applicable legal regulations. This substance
relates to positive legal products associated with
legislative products. This legal substance fills the
legal system. It determines how society can and
must work, as well as what can and cannot be done.
The third element is legal culture. This regards
the positive and negative attitudes and values related
to law, behavior, and its institutions, [12]. In his
book Legal Theory, Friedman states that legal
culture is the orientation, views, feelings, and
behavior of a person in society towards the law and
all its concreteness. According to Friedman, the
legal culture provides fuel for the motor of justice,
[13].
All legal regulations in a country can be said as a
legal system. In the Indonesian legal system, there
are various fields of law with systems. There is the
civil law system, criminal law system, state
administrative law system, economic law system,
and so on. Each of them is then divided into several
legal systems. In a country, there are levels of the
legal system. The overall positive law in Indonesia
is the Indonesian legal system, [14].
Some differences between the continental
European legal system and the Anglo-Saxon system
are as follows, [15]:
1. The continental European legal system recognizes
the administrative justice system, while the
Anglo-Saxon legal system only recognizes one
court for all types of cases.
2. The continental European legal system was
modernized because of studies carried out by
universities while the Anglo-Saxon legal system
was developed through the practice of legal
procedures.
3. Law according to the continental European legal
system is a sollen sein (the gap between how the
legal situation should ideally be and what the real
condition is like) while according to the Anglo-
Saxon legal system, it is a reality that is applied
in the community and is obeyed by the people.
4. The discovery of the rules is used as a guide in
making decisions or resolving disputes.
According to the continental European legal
system, it is conceptual or abstract in nature.
Meanwhile, according to the Anglo-Saxon legal
system, the discovery of concrete rules is directly
used for settling cases.
5. In the Continental European legal system, there is
no need for an institution to correct the rule,
while in the Anglo-Saxon legal system, an
institution is needed to correct it, namely an
equal institution. This institution provides the
possibility to elaborate existing rules to reduce
rigidity.
6. In the continental European legal system, there is
legal codification, while in the Anglo-Saxon
legal system, there is no codification.
7. Past judicial decisions (jurisprudence) in the
continental European legal system are not
considered rules or sources of law while in the
Anglo-Saxon legal system, the previous judge's
decisions regarding the same type of case must
absolutely be followed.
8. In the Continental European legal system, the
judge's view of law is more untechnical. They are
not isolated from certain cases. Meanwhile, in
the Anglo-Saxon legal system, the judge's view is
more technical and focused on specific cases.
9. In the Continental European legal system, the
legal building, legal system, and legal
categorization are based on the law on liability.
Meanwhile, in the Anglo-Saxon legal system, the
fundamental categorization is unknown. In the
continental European legal system, the structure
is open to changes, while in the Anglo-Saxon
legal system, it is based on very concrete
principles.
With the inclusion of the system of Common
Law in Indonesia’s legal system institutions, the law
requires adjustment because the law must provide
legality to all changes that occur. This is so that the
traffic of human association caused by the entry of
foreign legal institutions does not collide with each
other. For this reason, reformation in the legal field
as a result of foreign legal institutions’ entry into
Indonesia is urgent and crucial to do. These legal
changes include renewal in ways of thinking,
behavior, and lifestyle following the demands of
development. This difference in the legal system
must be overcome by means of legal renewal as per
Mochtar Kusumaatmaja's concept and opinion,
which states that law is a means of renewal and
creating community development, [16].
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
209
4 Discussion
The adoption of law resulting from the entry of
foreign legal institutions with different legal systems
refers to the transfer of certain legal norms or legal
provisions from a certain country to another during
the law-making process. Therefore, legal adoption
refers to the process of making laws and regulations,
where the legislature has two options, namely: (1)
borrowing or taking over laws that have already
existed and applying them to other countries, or (2)
because each country has traditions, cultures,
histories, and identities that differ from one another,
they carry out their own process of searching for
legal norms and rules that are considered suitable to
the identity of the state, [17].
The entry of legal institutions originating from
the Anglo-Saxon legal tradition and its system of
Common Law provides reasons for adopting foreign
legal institutions because:
1) Legal transplantation can easily and quickly be
carried out. It is a potential new source of law;
2) Legal transplants often follow a colonial period
(colonialism); and
3) Legal transplantation cannot be separated from
the role of legal experts, who tend to imitate laws
that are considered good and beneficial for them,
[18].
However, the adoption of foreign legal
institutions can be carried out depending on the
strength and weaknesses of the relationship between
the to-be-adopted laws and the political, social, and
cultural conditions of the country where the laws are
to be adopted. In this case, the implementation of
the law that was adopted from one legal system to
another is definitely different from the country of
origin’s law.
The tendency to include the system of Common
Law legal in the Indonesian legal system is also a
consequence of the USA’s role as a superpower.
There is a systematic introduction to American law.
Apart from that, elite legal experts are generally
alumni of American, British, and Australian
universities. American policies are popular in the
legal development of developing countries, as
reviewed by Thomas Franck and quoted by
Fullarton in the article "Can American Law and its
Legal Institutions Help Developing Countries." This
referred to the 1966 Foreign Assistance Act, where
congress approved the International Development
Aid, [18].
In the current era of globalization, to fulfill their
needs, citizens are conditioned to interact with each
other. This resulted in a meeting between the
various existing legal systems to meet the legal
needs of various parties. It is an unavoidable part of
the existing legal developments in society. So, the
need for new legal provisions increases. At a certain
point, this need can be covered by the Anglo-Saxon
legal system, i.e., the common law system. Thus,
some of its elements are accommodated in the
Indonesian legal system, [19].
The Indonesian legal system can adapt to
developments through the adoption of laws. Thus, it
can simultaneously absorb the substance of the
rechtsstaat and the rule of law. Regulations that
accommodate legal developments are enacted to
accommodate the common law. This concept is
known as the prismatic concept. In addition to the
formally-perceived law, the law is also materially
perceived, where in deciding a case, the judge has
the right to interpret and argue outside the
provisions of the law. Therefore, the legal system
requires the enforcement of substantial justice
through formal legal rules. To achieve substantial
justice, it also requires legal certainty based on
formal legal rules, [20].
Previous research was conducted by Al
Habsyi, where he discussed the influence of
Anglo-Saxons in the aspect of the Indonesian
legal institution. Countries that adopted the
Anglo-Saxon legal system have several types of
courts, such as the US District Court and the
Trial Court. Some other courts are also known,
such as the US Claim Court that is specialized in
federal or semi-judicial agencies. It handles
lawsuits against the US government. There is also
the Court of International Trade that handles
cases on customs. Then, the Patent and
Trademark Office handles cases on patents and
trademarks.
Even with different authority sectors, after the
Reformation, Indonesia adopted this system by
creating several special courts in the civil sector,
such as the Court of Trade, that handles cases of
bankruptcy and lawsuits against intellectual
property that includes copyright, trademark,
patent, trade circuit, industrial design, and
design of integrated circuit layout. The Court of
Industrial Relationships handles cases on labor
and other industry relationships. The Taxation
Court handles cases on tax. Then, there is a
special court called the Sharia Assembly in Aceh
Province, Indonesia, that adjudicates familial
cases. The formation of such courts indicates the
influence of the Anglos-Saxon legal system in the
Indonesian legal institution, [5].
An effort to accommodate the common law is the
issuance of regulations on the Formation of
Statutory Regulations. It is an effort to maintain the
consistency of legal products so that there are no
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
210
conflicts between lower and higher regulations. This
is because they already have provisions and
procedures for forming them through a legislation
program. If such procedures are not followed, there
will be a settlement of regulatory conflicts through
judicial review and cancellation which is a sub-
system of the legal system, [21].
We can see another example of the common
law’s influence in Law No. 23 of 1997 concerning
the Environment, Law No. 41 of 1999 concerning
Forestry, and Law No. 8 of 1999 concerning
Consumer Protection. The Anglo-Saxon legal
system offers group representation (class action),
civil lawsuits, and organizational claims (legal
standing). Some laws also offer mediation and
arbitration as settlement processes.
Mahfud MD's prismatic law idea is known as
legal convergence. Convergence was felt to be more
appropriate by John Henry Merryman who stated
that the civil law and common law systems are
increasingly similar rather than significantly
different. Merryman's statement is as follows, [22]:
The root question is whether Civil Law and
Common Law are getting to be more alike
(converging) or less so (diverging). I shall
suggest that there are significant tendencies in
both directions but that convergence, as I use the
term, is the more powerful one.
Comparative law experts have even developed a
legal system that does not only consist of these two
legal systems. Since 1929, John Barker Waite has
warned that to identify whether a country adheres to
the common law or the civil law legal system, one
cannot simply look at the existence of codified
written law. At that time, the United States passed a
patent law. In the United States, there have been
fifteen efforts to draft a written law (statute law)
since the 19th century, [22]. A comparative law
expert, Esin Orucu, stated that not a single country
purely adheres to civil law or common law. The
combination of the two legal systems cannot be
avoided, or even with what Rene David conveys as
Residual Law, [23].
Orucu's notion that several legal systems mix
with one another is more practical and accurate
because international relations create a significant
influence on the legal system in each country, [23].
The mixed legal system is a classic development
and classification of a legal system. Orucu gives
several examples of mixing legal systems and
mentions simple and complex mixes between civil
law and common law systems.
We can find an example of Orucu's opinion in
Indonesia, where Indonesian judges or courts that
use the civil law system currently have the
discretion to interpret a written law. This is so that
they are able to create new laws. This is a precedent
that is characteristic of common law. The next thing
is the position of the decision as a source of law.
There is the principle of precedent, where the judge
is bound by a similar previous decision, which
decides on the ambiguity of a law.
The doctrine of the judges’ freedom in
examining cases by interpreting law based on values
that live in a society (unwritten laws) is always
regulated in Indonesian positive law. Judges’
obligation to "multiply, follow, and understand the
legal values and sense of justice that live in a
society" has been repeatedly maintained. This is still
regulated in the amendments to the Law on Judicial
Powers in 1970, 2004, and 2009. The reasons and
basis for using unwritten laws must be included in
the judge's decision, [24].
The judge is considered an official who
understands the law. He cannot refuse a case due to
a lack of written laws as he is obliged to seek and
explore unwritten laws that live and develop in
society, [25]. This method and practice are
synonymous with the collection of judges' decisions
that form law in the common law justice system. It
is one of the well-known sources of law in the
common law system, [26].
5 Conclusion
The common law legal system has a convergence or
prismatic influence on the legal system in Indonesia.
This influence is marked by the adoption of several
mechanisms from the common law legal system into
the Indonesian legal system such as class action,
citizen lawsuits, and several concepts that were not
originally recognized in the civil law legal system.
The influence of the Anglo-Saxon common law
system can be seen in Indonesian judges’ power to
interpret written laws. This interpretation will be
considered by future judges in making decisions.
This is known as precedent, which is a hallmark of
the common law system. The doctrine that judges
can find the law and may not reject a case on the
grounds that there is no law or the law is not clear
has always been found in the laws on judicial power
both before and after the Reformation era. Such
things truly influence the Indonesian legal system.
The Indonesian legal system seeks to keep up
with the dynamic legal developments in society
when judges are faced with conditions where there
are no written regulations or rules. These judges
want the enforcement of substantial justice through
formal legal rules as well as legal certainty based on
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
211
formal legal rules in order to achieve substantial
justice.
Acknowledgement:
The author would like to thank Universitas
Muhammadiyah Surakarta, Universitas PGRI
Madiun, and Universitas Muhammadiyah Kupang.
References:
[1] Riyanto, A., Australia and Indonesia
Compared Protection of Minority Shareholders
Before, During and After Takeover Bids,
Sydney: University of Technology Sydney,
2018.
[2] Suherman, A. M., Pengantar Perbandingan
Sistem Hukum (Introduction to the Comparison
of Legal Systems), Jakarta: Rajawali Press,
2004.
[3] Harjono, D., Pengaruh Sistem Hukum
Commonlaw Terhadap Investasi dan
Pembiayaan di Indonesia (Influence of the
Common Law Legal System on Investment
and Funding in Indonesia), Lex Jurnalica, Vol.
6, No. 3, 2009. p. 180.
[4] Lubis, S., Ilmu Pengetahuan Perundang-
undangan (Statute Studies), Bandung: Mandar
Maju, 2009.
[5] Al Habsyi, Ahmad., Analisis Pengaruh
Penerapan Sistem Hukum Eropa Kontinental
dan Anglosaxon Dalam Sistem Peradilan di
Negara Republik Indonesia. Petitum. Vol. 9,
No. 1. Pp 52-64
[6] Mahfud MD, M., Perdebatan Hukum Tata
Negara Pasca Amandemen Konstitusi (The
Debate on the Post-Constitutional Amendment)
State Administrative Law, Jakarta: Pustaka
LP3ES Indonesia, 2007.
[7] Syafiie, I. K., Sistem Adminitrasi Negara
Republik Indonesia (SANRI) (The Republic of
Indonesia’s State Administrative System),
Jakarta: Bumi Aksara, 2003.
[8] Marbun, S. F., Dimensi-dimensi Pemikiran
Hukum Administrasi Negara (Dimensions of
the Thought on the State Administrative Law),
Yogyakarta: UII Press, 2001.
[9] Triwulan, T., Pengantar Ilmu Hukum
(Introduction to Legal Studies), Jakarta:
Prestasi Pustaka Publisher, 2006.
[10] Widjaya, G., Transplantasi Trusts Dalam KUH
Perdata, KUHD dan Undang Undang Pasar
Modal (Transplantation of Trusts in the Civil
Code and the Law on Capital Market), Jakarta:
PT. Raja Grafindo Persada, 2008.
[11] Friedman, L. M., American Law, New York:
Norton Company, 2002.
[12] Friedman, L. M., American Law: as an
Introduction, Journal of Justice, Vol. 2, No. 1,
2002, p. 431.
[13] Friedman, L. M., Legal Theory, London:
Steven & Son, 1953.
[14] Hidayat, N., Rujukan dan Aplikasi Hukum
Internasional berdasarkan Pasal 1 ayat (3)
UUD 1945 Paska Amandemen Ke 3
(References and Application of the
International Law Based on Article 1 clause (3)
of the Post-Third Amendment 1945
Constitution), UIR Law Review, Vol. 1, No. 2,
2017, pp. 157–158.
[15] Winterton, G., Comparative Law Teaching,
American Journal of Comparative Law, Vol.
23, No. 1, 1975, pp. 69–118.
[16] Kusumaatmadja, M., Konsep-Konsep Hukum
Dalam Pembangunan (Legal Concepts in
Development), Jakarta: Alumni, 2002.
[17] Manan, A., Aspek-Aspek Pengubah Hukum
(Law-Changing Aspects), Jakarta: Kencana,
2005.
[18] Nurhadianto, F., Sistem Hukum dan Posisi
Hukum Indonesia (Legal Systems and
Indonesia’s Legal System), Jurnal TAPI’s,
Vol. 11, No. 1, 2015, pp. 36–37.
[19] Fullarton, A. R., The Common Law and
Taxation of Trusts in Australia in The Twenty-
First Century, Sydney: Black Book, 2006.
[20] Widodo, E., Relevansi Sistem Civil Law Dan
Common Law Dalam Pengaturan Hukum
Perjanjian Baku di Indonesia (Relevance of the
Civil Law and Common Law Systems in the
Legal Regulation of Standard Agreements in
Indonesia), De Jure, Jurnal Syariah Dan
Hukum, Vol. 2, No. 2, 2010, pp. 120–128.
[21] Dainow, J., The Civil Law and the Common
Law: Some Points of Comparison, The
American Journal of Comparative Law, Vol.
15, No. 3, n.d., pp. 419–435.
[22] de Cruz, P., Comparation of Common Law,
Civil Law dan Socialist Law, Oxford: Oxford
University Press, n.d.
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
212
[23] Merryman, J. H., On the Convergence (and
Divergence) of the Civil Law and the Common
Law, Stan. J. Int’l L., Vol. 17, 1981, p. 357.
[24] Orucu, E., What is a Mixed Legal System:
Exclusion or Expansion, Electronic Journal of
Comparative Law, Vol. 12, No. 1, 2008, p. 2.
[25] Pompe, S., Runtuhnya Institusi Mahkamah
Agung (The Fall of the Supreme Court
Institution), Jakarta: Lembaga Kajian dan
Advokasi Untuk Independensi Peradilan, 2012.
[26] Ramadhan, C. R., Konvergensi Civil Law and
Common Law di Indonesia (The Convergence
of the Civil Law and Common Law in
Indonesia), Mimbar Hukum, Vol. 30, No. 2,
2018, p. 227.
Contribution of Individual Authors to the
Creation of a Scientific Article (Ghostwriting
Policy)
Budiono: Conceived the research, provided an
original idea of the study, and provided materials
and data for the research.
Bangsawan and Nurani: Designed the methods,
selected research data, analyzed and interpreted the
data, and wrote the paper.
Pradnyawan and Sari: Analyzed the data, provided a
description, wrote the paper, and reviewed the
paper.
Sources of Funding for Research Presented in a
Scientific Article or Scientific Article Itself
This research was funded by the research grant
funding of Universitas Muhammadiyah Surakarta,
Indonesia.
Creative Commons Attribution License 4.0
(Attribution 4.0 International, CC BY 4.0)
This article is published under the terms of the
Creative Commons Attribution License 4.0
https://creativecommons.org/licenses/by/4.0/deed.en
_US
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.21
Arief Budiono, Wardah Yuspin,
Siti Syahida Nurani, Fahmi Fairuzzaman,
Sofyan Wimbo Agung Pradnyawan, Siska Diana Sari
E-ISSN: 2224-2678
213
Conflict of Interest
The authors have no conflicts of interest to declare
that are relevant to the content of this article.