| Issue |
E3S Web Conf.
Volume 426, 2023
The 5th International Conference of Biospheric Harmony Advanced Research (ICOBAR 2023)
|
|
|---|---|---|
| Article Number | 02111 | |
| Number of page(s) | 4 | |
| Section | Innovative Management and Sustainable Society | |
| DOI | https://doi.org/10.1051/e3sconf/202342602111 | |
| Published online | 15 September 2023 | |
Creating Legal Unity in a Rapidly Changing World: Indonesia and the Netherlands Compared
Business Law Program, Law Department, Faculty of Humanities, Bina Nusantara University, Jakarta, Indonesia 11480
* Corresponding author: stijn.huis@binus.edu
Confronted with rapid and complex changes in the digital era, both the Indonesian and Dutch Supreme Court have been granted the powers of providing legal solutions at an early stage of the legal process. The Dutch Parliament introduced the Law on Prejudicial Questions whereas the Indonesian Supreme Court reinstated the chamber system. Each year, pressing legal issues are discussed by the Supreme Court judges in the chambers and the legal solutions published in a circular (Surat Edaran Mahkamah Agung, SEMA) as guidelines to be followed by lower courts. In this paper we compare both ‘legal shortcuts’ and argue that, while the goal of legal unity is an urgent issue in Indonesia, to be able to properly function as legal guidelines for judges and lawyers SEMA require a more detailed description of the legal issue and legal reasoning behind the offered legal solutions.
© The Authors, published by EDP Sciences, 2023
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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