Law of Indonesia
Encyclopedia
Law of Indonesia
is based on a civil law
system, intermixed with customary law and the Roman Dutch law
. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat
. Foreign influences from India, China and Arabia have not only affected the culture, but also weighed in the customary adat laws. Aceh
in Sumatra
, for instances, observes their own sharia
law, while Toraja
ethnic group in Sulawesi
are still following their animistic
customary law.
Dutch presence and subsequent occupation of Indonesia for 350 years has left a legacy of Dutch colonial law, largely in the Indonesia civil code
. Following the independence in 1945, Indonesia began to form its own modern Indonesia law, not developing from scratch but with some modifications of the precepts of existing laws. As a result, these three components (adat, Dutch-Roman law and modern Indonesia law) still co-exist in the current Indonesia laws.
In practice, there are also Presidential Instruction (Instruksi Presiden or Inpres), Ministerial Decree (Keputusan Menteri or Kepmen) and Circulation Letters (Surat Edaran), which sometimes conflicts with each other.
Once legislative products are promulgated, the State Gazette of the Republic of Indonesia (Lembaran Negara Republik Indonesia) is issued from the State Secretariat. Sometimes Elucidation (Penjelasan) accompanied some legislations in a Supplement of the State Gazette. The Government of Indonesia also produces State Reports (Berita Negara) to publish government and public notices.
. It was abrogated by the Federal Constitution of 1949
and the Provisional Constitution of 1950
, but restored after the President Sukarno's decree
on July 5, 1959. During the 32 years of Suharto's administration
, the constitution had never been amended. Suharto refused to countenance any changes to the constitution and the People's Consultative Assembly passed a law in 1985 requiring national referendum for the constitution amendments.
After the Suharto's fall in 1998, the People Consultative Assembly amended the constitution four times in 1999, 2000, 2001 and 2002. Important amendments include the direct presidential election by the people (third amendment) and the presidential office term from unlimited to only two (first amendment), the regulation of which had made the possibility for Suharto's administration held in office for more than five terms. After the last amendment, the People's Representative Council
gained more power to control the executive branch, the Regional Representatives Council
was established, regional government was recognized in a section and an expanded section about civil rights among other changes. Currently, the constitution consists of 16 sections and 36 articles.
or DPR. The executive branch (the President) can propose a bill
( or RUU) to DPR. During the process of establishing a bill into a law, DPR will create a small task group to discuss the bill with the corresponding ministries. When a joined agreement has been reached, then the President shall endorse a bill into law. However, even if the President refuses to endorse a bill that has reached joined agreement, the bill is automatically in thirty days enacted as law and be promulgated as such. When an agreement cannot be reached to enact a bill into law, the bill cannot be proposed again during the current term of the legislative members.
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
is based on a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
system, intermixed with customary law and the Roman Dutch law
Roman Dutch law
Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune...
. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat
Adat
Adat in Indonesian-Malay culture is the set of cultural norms, values, customs and practices found among specific ethnic groups in Indonesia, the southern Philippines and Malaysia...
. Foreign influences from India, China and Arabia have not only affected the culture, but also weighed in the customary adat laws. Aceh
Aceh
Aceh is a special region of Indonesia, located on the northern tip of the island of Sumatra. Its full name is Daerah Istimewa Aceh , Nanggroë Aceh Darussalam and Aceh . Past spellings of its name include Acheh, Atjeh and Achin...
in Sumatra
Sumatra
Sumatra is an island in western Indonesia, westernmost of the Sunda Islands. It is the largest island entirely in Indonesia , and the sixth largest island in the world at 473,481 km2 with a population of 50,365,538...
, for instances, observes their own sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law, while Toraja
Toraja
The Toraja are an ethnic group indigenous to a mountainous region of South Sulawesi, Indonesia. Their population is approximately 650,000, of which 450,000 still live in the regency of Tana Toraja . Most of the population is Christian, and others are Muslim or have local animist beliefs known as aluk...
ethnic group in Sulawesi
Sulawesi
Sulawesi is one of the four larger Sunda Islands of Indonesia and is situated between Borneo and the Maluku Islands. In Indonesia, only Sumatra, Borneo, and Papua are larger in territory, and only Java and Sumatra have larger Indonesian populations.- Etymology :The Portuguese were the first to...
are still following their animistic
Animism
Animism refers to the belief that non-human entities are spiritual beings, or at least embody some kind of life-principle....
customary law.
Dutch presence and subsequent occupation of Indonesia for 350 years has left a legacy of Dutch colonial law, largely in the Indonesia civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
. Following the independence in 1945, Indonesia began to form its own modern Indonesia law, not developing from scratch but with some modifications of the precepts of existing laws. As a result, these three components (adat, Dutch-Roman law and modern Indonesia law) still co-exist in the current Indonesia laws.
Legal system
Indonesia legislation come in different forms. The following official hierarchy of Indonesia legislation (from top to bottom) is enumerated under Law No. 10 Year 2004 on the Formulation of Laws and Regulations:- 1945 Constitution (Undang-Undang Dasar 1945 or UUD'45)
- Law (Undang-Undang or UU)and Government Regulation in Lieu of Law (Peraturan Pemerintah Pengganti Undang-Undang or Perpu)
- Government Regulation (Peraturan Pemerintah or PP)
- Presidential Regulation (Peraturan Presiden or Perpres)
- Regional Regulation (Peraturan Daerah or Perda)
In practice, there are also Presidential Instruction (Instruksi Presiden or Inpres), Ministerial Decree (Keputusan Menteri or Kepmen) and Circulation Letters (Surat Edaran), which sometimes conflicts with each other.
Once legislative products are promulgated, the State Gazette of the Republic of Indonesia (Lembaran Negara Republik Indonesia) is issued from the State Secretariat. Sometimes Elucidation (Penjelasan) accompanied some legislations in a Supplement of the State Gazette. The Government of Indonesia also produces State Reports (Berita Negara) to publish government and public notices.
1945 Constitution
The 1945 Constitution is the highest legal authority in Indonesia, of which executive, legislative and judicial branches of government must defer to it. The constitution was written in July and August 1945, when Indonesia was emerging from Japanese control at the end of World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. It was abrogated by the Federal Constitution of 1949
Federal Constitution of 1949
The 1949 Federal Constitution of the United States of Indonesia replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference...
and the Provisional Constitution of 1950
Provisional Constitution of 1950
The 1950 Provisional Constitution replaced the Federal Constitution of 1949 when Indonesia unilaterally withdrew from the union with the Netherlands agreed at the Round Table Conference and returned to being a unitary state. It came into force on August 17, 1950...
, but restored after the President Sukarno's decree
President Sukarno's 1959 Decree
The Presidential Decree of 5 July 1959 was issued by President Sukarno in the face of the inability of the Constitutional Assembly of Indonesia to achieve the two-thirds majority to reimpose the 1945 Constitution...
on July 5, 1959. During the 32 years of Suharto's administration
New Order (Indonesia)
The New Order is the term coined by former Indonesian President Suharto to characterize his regime as he came to power in 1966. Suharto used this term to contrast his rule with that of his predecessor, Sukarno...
, the constitution had never been amended. Suharto refused to countenance any changes to the constitution and the People's Consultative Assembly passed a law in 1985 requiring national referendum for the constitution amendments.
After the Suharto's fall in 1998, the People Consultative Assembly amended the constitution four times in 1999, 2000, 2001 and 2002. Important amendments include the direct presidential election by the people (third amendment) and the presidential office term from unlimited to only two (first amendment), the regulation of which had made the possibility for Suharto's administration held in office for more than five terms. After the last amendment, the People's Representative Council
People's Representative Council
The People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
gained more power to control the executive branch, the Regional Representatives Council
Regional Representatives Council
The The Regional Representative Council is one of two parliamentary chambers in Indonesia. Together with the People's Representative Council, it makes up a third chamber, the People's Consultative Assembly.-History:...
was established, regional government was recognized in a section and an expanded section about civil rights among other changes. Currently, the constitution consists of 16 sections and 36 articles.
Undang-Undang
Undang-Undang or simply meaning that Laws can only be established by the People's Representative CouncilPeople's Representative Council
The People's Representative Council , sometimes referred to as the House of Representatives, is one of two elected national legislative assemblies in Indonesia....
or DPR. The executive branch (the President) can propose a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
( or RUU) to DPR. During the process of establishing a bill into a law, DPR will create a small task group to discuss the bill with the corresponding ministries. When a joined agreement has been reached, then the President shall endorse a bill into law. However, even if the President refuses to endorse a bill that has reached joined agreement, the bill is automatically in thirty days enacted as law and be promulgated as such. When an agreement cannot be reached to enact a bill into law, the bill cannot be proposed again during the current term of the legislative members.
External links
- Indonesian Legal Information — a free information and database of Indonesian laws.
- General Directorate of Laws, Indonesia Ministry of Justice and Human Rights — provides Indonesia bills, the State Gazette, the State Reports, and other government regulations.
- ASEAN Law Association, Indonesia front page