Perbandingan Penyusunan Undang-Undang Indonesia dan Inggris: Civil Law Versus Common Law

Abstract

The process of drafting laws represents the legal system that serves as the basis for creating regulations in a country. This study examines the differences between the civil law and common law systems, which significantly influence the lawmaking process. The urgency of this research lies in gaining a deeper understanding of how the differences between the civil law and common law systems influence the lawmaking process. In this regard, adjustments are needed to improve the quality of legislative regulation formation that can provide legal certainty. This research was conducted to examine the characteristics of each system, including the mechanisms for drafting laws and the position of judges in the application and development of laws in both civil and common law. The research employed a normative juridical method, emphasizing the study of written legal norms, court decisions, and relevant legal doctrines to identify differences in the application of legislation between civil and common law. The results indicate that civil law in Indonesia prioritizes structured and clearly written codification. In upholding justice, judges are obliged to follow the law, although they may interpret it if there are legal gaps.  On the other hand, English common law is more flexible and responsive to changing times, as its regulations are based on court cases. Therefore, judges play a more active role, as their decisions influence and update the legislation.

Keywords: Civil Law; Common Law; Comparative Law; Drafting Law