Jurisprudence is one of the most important sources of law in the examination of a case, as well as in Indonesia. It mainly deals with the provision of Article 16 paragraph (1) of Law No. 4 of 2004 which states that the court may not refuse to examine, hear and decide a case filed with a pretext, that the law does not exist or is less clear, but obliged to examine and adjudicate.
In that regard, the proposition "the law does not exist or is less clear" is certainly not a reason to not check or prosecute a case. That is the condition of the legislation does not exist, then to concrete cases submitted to the court, the judge must still perform the function of law-making by digging, follow, and understand the legal values and sense of justice in society. It is then known by the interpretation and produce legal products which are then referred to jurisprudence.