INDONESIAn

LEGAL
SYSTEM
Dr. Suratman
Law Faculty
Universitas Islam Malang
2020
Dr. H. Suratman S.H., M.Hum

Dean of Law Faculty

Universitas Islam Malang

Email: suratmanshmh@gmail.com
HP; (+62)81235261946
 THE SYSTEM SISTEM HUKUM
System is a unit which Legal system is a unit
consists of several which consists of
components that are several components
connected with each that are connected
other to achieve with each other to
purpose. achieve legal purpose
such as peace and
public order
LEGAL SYSTEM
● Legal system is a legal order
consist of several legal sub
systems that have different
functions from the others

● to achieve same purpose, such

as to establish safety, order and
legal justice
 COMMON • legal system
LEGAL SYSTEM LAW
SYSTEM
based on court
(ANGLO decisions as
SAXON) source of law

CIVIL LAW • legal system

SYSTEM based on the act
(EUROPE
CONTINEN codification as its
T) main legal source
CHARACTERISTIC
• jurisprudence as the main legal
COMMON source
LAW • subscribe stare decicis
doctrine/precedent system (the law's
SYSTEM bound to subscribe the pre- decision)
(ANGLO • adversary system in the judicial
process (the disputing parties use
SAXON) lawyer dealing with the judge

CIVIL LAW • It is a codification system

• judge are not bound by precedent or
(EROPA stare decicis doctrine so that the act
becomes the main reference
KONTINEN • the court system is inquisitorial (the
TAL) judge plays a role in decide the cases
Indonesian Legal
System
● The legal system in Indonesia adhere
the Europe Continental legal system or
Civil Law system
● this can be seen from the history and
law politics, the legal source and the
law enforcement system
● The legal system is developed in
European countries, such as
Netherlands, France, Italy, and
Germanny
Indonesia’s Positive
Legal System
The positive legal system in Indonesia consist
of several legal components, such as:

● written law created by the competent

institution

● law created by the court

● unwritten law created by custom

(customary law and norms)
 LEGAL POLITICS

● Legal politics to enact laws on

period before independence, listed
in article II of the transitional rules.
● The purpose is to avoid vacuum of
norm
LAW ENFORCEMENT SYSTEM
Private Law
• Reconciliation
• Court (filed a lawsuit)

Criminal Law
• Ordinary Crime  problem solving
without having to wait on the victim’s
side
• Complaint crime  problem solving
need a complaint from the victim
 COURTS
Judicial power in Indonesia conducted
by Supreme court and other court
beneath it [Art 24 (2) of UUD 1945],
which are:
1. General court

2. Religion court

3. Military court

4. Administrative court
THANK YOU!

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