Anglo-Saxon common law or legal system developed in England in the eleventh century CE and was known as unwritten law (Hartanto, 2022, p. 79). However, this unwritten law is not absolute, as some laws are written. The common law legal system was adopted by the former colonies of England itself, namely North America, Canada and the United States. In keeping with its development, common law later became positive law in North America, the United States, Canada, Australia, Asia and all the countries of the British Commonwealth. Several basic assumptions serve as the basis for comparison in common law and civil law systems, including: According to Yuhelson (2017, p. 113), the common law or Anglo-Saxon legal system is a legal system based on case law, that is: previous decisions of judges, which later became the basis for judicial decisions applied in Ireland, England, Australia, New Zealand, South Africa, Canada (excluding the province of Quebec) and other countries. The common law also recognizes the separation of public and private law. The meaning of public law is almost the same as that of the legal order of continental Europe. At the same time, private law is conceived more as legal norms relating to property rights (property rights), personal law (personal law), contract law and tort law, dispersed in written regulations, decisions of judges and laws. In addition to these countries, there are also countries that apply mixed common law, such as Pakistan, India and Nigeria, implement most common law legal systems, but also apply customary law and religious law.
This common law legal system not only regulates governance, but also oversees the judicial system, which is often carried out by royal employees who, as judges, are responsible for travelling around the regions. These judges are called judges of the lyre or internal judges and from these decisions arises what is called the “common law”. The principle of stare decesis, or binding force of jurisprudence, is the principle that binds judges to decisions that first come from the same or higher judges (Yuhelson, 2017, p. 108). This principle is adopted by countries that apply the common law as a legal system. This principle is based on four factors, namely: The law applied is an unwritten law or a common law. Distinguish common law jurisdictions and legal systems from civil engineering statutes or codification (law) of jurisdiction.[4][5] The common law system places great weight on court decisions, which are considered “laws” with the same legal force as laws – for nearly a millennium, common law courts have had the power to make laws where there are no laws, and laws mean what the courts interpret [10]. David & Brierly (in Yuhelson, 2017, p. 114) Periodize the development of the common law as follows.
The source of law in the common law system is only case law, called judicial law in the United Kingdom or jurisprudence in the United States (Hasanah, 2022, p. 113). In other words, the source of the common law is based on the decisions of judges and the decisions of the courts, commonly referred to as case law. In its development, the source of the common law also includes statutory law. The United States itself has constitutions and other sectoral laws whose position is as important as jurisprudence. The common law legal system or Anglo-Saxon legal system is a legal system based on jurisprudence, i.e. the decisions of previous judges, which later became the basis for judges` decisions, later this legal system was anchored in Ireland, England, Auastralia, Zeeland and Baryu. South Africa, Canada (except provinceQuebec) and others. In addition to these countries, several other countries have introduced mixed Anglo-Saxon legal systems, such as Pakistan, India, and Nigeria, which have implemented most Anglo-Saxon legal systems, but have also applied customary and religious law. In this system, the role of judges is very broad. Haklim`s function is not only to establish and interpret the rule of law, but also to shape the entire system of life of society. Civil Law: This system applies in many European countries and their colonies such as Angola, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Germany, Greece, Haiti, Honduras, Italy, Netherlands, Indonesia and others.
With a percentage of 23.43% of the world`s population sticking to it, or about 1.5 billion people worldwide. In Indonesia, for example, although the legal system deviates from civil law, along the way, in some areas, particularly company law, corporate concepts derived from the common law system have been adopted, such as fiduciary duties, commercial judgment rule (BJR), piercing corporate veil (PCV), ultra vires vs intra vires, shareholder spin-off, corporate social responsibility (CSR), not all of which come from Indonesia. However, the whole concept mentioned above has been regulated by Law No. 40 of 2007 on Limited Liability Companies (UU-PT). Although the above issues are not explicitly recognized, they have been regulated and have become provisions of the PT Act. This shows that Indonesia has implicitly recognized the legal concepts of pt in the common law legal system. The reverse is also the case, namely the recognition and acceptance of Indonesia`s legal terms to be part of international law, including States with a common law legal system, such as the concept: Wawasan Nusantara in International Maritime Law (UNCLOS 1982), initiated by Prof. Dr.
Mochtar Kusumaatmadja, SH, LLM. The common law is one of the major events that bring about the emergence of the law. The common law has its origins in the natural customs of English society and was later developed by court decisions and its growth began around 1066 (Solomon 2019, p. 211). While the common law: is based on tradition, costume and evolves from the precedent used by judges to solve problems. The two systems have differences, some of which are: contract law tort law property law inheritance law criminal law proof Anglo-Saxon legal system, in fact, its application is easier, especially among the populations of developing countries, because it corresponds to the times. The opinions of legal experts and practitioners are used more by judges to decide cases.in UK unification is implemented and decided by BENC and BAR. This was highly respected by the English by judges and courts of lawyers KOMPAS.com – the legal system was divided into two parts.
Some countries use the continental European legal system and others the Anglo-Saxon legal system. Common Law: This system exists in Britain and most of its colonies, in Commonwealth countries, including the Bahamas, Barbados, Canada, Dominica, Kep.