Abstract

Every country must have a legal system that is used either civil law or common law. Both systems make jurisprudence a source of law in resolving cases in court. The purpose of this study is to examine and analyze the comparison of the application of jurisprudence in the State of Indonesia which adheres to a civil law legal system and Australia which adheres to a common law legal system. this research includes juridical-normative research using a comparative approach, which is an approach taken to compare the laws of one country with the laws of another country and a conceptual approach. the main legal source in civil law law is statutory provisions, but jurisprudence also plays an important role in the application of law in the civil law legal system. While the Common Law legal system whose main source of law is (judge made by law / binding force of precedent), where legal issues are resolved in court cases and the results are reflected in the judge's decision (jurisprudence).

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