Rigid dichotomy between civil law system and common law system is no longer relevant to the dynamics of legal progressiveness. A country's interaction with the world opens up opportunities to influence each other, especially in aspects of the applicable legal system. Indonesia itself does not adhere to the principle of stare decisis this because it adheres to the principle of legal uniformity or legal uniformity as stated in the 2010-2035 Judicial Reform Blueprint and the Supreme Court Circular (SEMA).

Through the Supreme Court (MA), the Indonesian judicial system itself has begun to accept the principle of stare decisis for example with the issuance of landmark decision which is also a jurisprudence and SEMA. Although SEMA does not occupy a hierarchy of laws and regulations that must be obeyed, SEMA is often a reference for lower courts. For example, SEMA Number 2 of 2023 concerning the registration of interfaith marriages. On the other hand, there is also landmark decision MA which consistently decides on the rights of children aged 12 years to determine for themselves whether to follow their father or mother.

End the Dichotomy, Explore the Value of Justice

Quoting from the Indonesian Supreme Court Magazine Edition XXXII of 2023 page 99, the debate between the principles of stare decisis or legal uniformity this is no longer an important issue because the most important thing is to realize justice, legal certainty, legal benefits, and legal order. Legal justice itself should not only be understood as having a normative dimension, that is, what is in accordance with the law is justice. The values of justice themselves must always be extracted from the values of society based on the mandate of Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. How is it possible that the values of justice can only be sought from the text of the law which is essentially flawed since it was enacted because it will always lag behind social dynamics and times?

The conclusion that the author wants to convey is that judges in any court should no longer only rely on the law and ignore other variables such as previous decisions and values in society. The author hopes that every judge in any court can uphold the principle of justice that is extracted from the values in society, not just relying on the law.