Legal System In Indonesia

FAKULTAS HUKUM
UNIVERSITAS KRISNADWIPAYANA

1.AINUN NAFISAH(2133001105)

2.ANNISA AZZAHRA (2133001095)

3.ARIANDO JUAN RAWSEN (2133001083)

4.INDRA RESTOE RABBANI (2133001155)

5 ABI KARAMI (2033001176)

 Purpose

The purpose of studying Introduction Indonesian Legal System

Introduction Indonesian Legal System is a subject with the object of
current law in Indonesia, or a course with the object of positive law in
Indonesia. The purpose of studying law in Indonesia is to know about:

I hope the purpose of writing this paper is to add insight to the author
and readers of the legal system in Indonesia, and also about the history
of the legal system adopted in Indonesian.
 Discussion Topic

Legal System Legal system

01. Definision 03. indonesia

The Emergence of
02. Law In Indonesia 04. Civil Law System
 Legal System

If we interpret the term legal system, it does not

mean combining the meaning of the system
and the meaning of the law directly. The term
legal system contains a specific meaning in
legal science, the explanation of which can be
described as follows:
 legal system
definition

According to JH. Merryman in his book

“The Civil Law Tradition” : an introduction to
the legal system of Western Europe and
Latin America, page 1 says: legal system is
an operating set of legal institutions,
procedures, and rules.
According to Friedman, the legal system is a system that includes the substanc
structure, and legal culture, with the following details:

1. Legal Structure

The legal structure is the institutionalization of legal

entities. An example is the court's power structure (in Indonesia)
which consists of the first level court, the Court of Appeal, and the
Court of Cassation, the number of judges and the integrated
justice system. In addition, there are also known General Courts,
Religious Courts, Military Courts, State Administrative Courts, and
Tax Courts. Furthermore, Friedman asserts that the law has the
first elements of the legal system, including the legal structure,
institutional order, and institutional performance.
2. Legal System Meanwhile

what is meant by legal substance is a rule or norm which is a pattern of human behavior in a
society that is in the legal system. For example:Drivers exceeding the speed limit will be fined.A
person who buys goods must submit a certain amount of money to the seller of the goods.In
Indonesia, there are material laws (civil law, constitutional law, criminal law, administrative law),
and formal law (civil procedural law, criminal procedural law, and other procedural laws).

3. Legal Culture

Legal culture is the attitudes and values associated with common behavior related to law
and its institutions.
The Emergence of
Law In Indonesia
 Law in Indonesia is a mixture of the European legal system, religious law and
customary law. Most of the systems adopted, both civil and criminal, are based on
continental European law, especially from the Netherlands because of aspects of
Indonesia's past history which was a colony known as the Dutch East Indies
(Nederlandsch-Indie). Religious Law, because most Indonesians adhere to Islam, the
dominance of law or Islamic Shari'a is more, especially in the fields of marriage,
kinship and inheritance. In addition, in Indonesia also applies the customary law
system that is absorbed in legislation or jurisprudence, which is a continuation of local
rules from the people and cultures that exist in the archipelago.
Timeline

Colonialism Period
1854 c. The Period of Ethical Politics
a. VOC period
Until Japanese Colonialism

1602 1942
b. Dutch liberal period
 Colonialism Period
A. VOC period
During the VOC occupation, the legal system applied was aimed at:
1) The interests of economic exploitation in order to overcome the economic crisis in the
Netherlands;
2) Discipline the indigenous people in an authoritarian way; and
3) Protection of VOC employees, their relatives and European immigrants.
Dutch law applies to Dutch or European people. As for the natives, what applies are the laws
formed by each community independently. Governance and politics at that time had marginalized the
basic rights of the people in the archipelago and caused deep suffering to the indigenous people at
that time.
b. Dutch liberal period

B. Dutch liberal period

In 1854 in the Dutch East Indies, Regeringsreglement (hereinafter referred to as RR 1854) or

Regulations on Governance (in the Dutch East Indies) was issued whose main purpose was to protect
the interests of private businesses in the colonized country and for the first time to regulate legal
protection for indigenous people from arbitrariness. colonial government. This can be found in the
(Regeringsreglement) RR 1854 which regulates restrictions on the executive (especially the Resident)
and the police, and guarantees an independent judicial process.
 The autocraticism of the colonial administration still persisted in this period,
although it was no longer as violent as before. However, the legal reforms based on the
politics of economic liberalization did not improve the welfare of the natives, because
exploitation continued, only the subject of exploitation changed, from exploitation by
the state to exploitation by private capital.

C. The Period of Ethical Politics Until Japanese Colonialism

The Ethical Policy Policy was issued at the beginning of the 20th century. Among the early policies of
ethical politics that were directly related to legal reform are:

1.Education for indigenous children, including further legal education

2. The formation of the Volksraad, a representative body for indigenous people
3. Structuring government organizations, especially in terms of efficiency
4. Structuring the judiciary, especially in terms of professionalism
5. The establishment of laws and regulations that are oriented towards legal certainty.
Until the collapse of colonial power,
legal reform in the Dutch East Indies
left:

Dualism/pluralism of private law and

dualism/pluralism of judicial
institutions

Classification of people into three

groups; European and equivalent,
Foreign East, Chinese and Non-
Chinese, and Indigenous.
 During the Japanese occupation, there were
not many legal reforms, all laws and regulations that
did not conflict with Japanese military regulations,
remained in effect while eliminating the privileges of
the Dutch and other Europeans. Some of the
legislative changes that occurred:

The Civil Code, which was originally only applicable

to Europeans and their equals, was also applied to
Chinese people
Several military regulations are included in the
applicable criminal legislation.
Legal system indonesia
The Indonesian legal system is a system that applies in
Indonesia as a legal resources for courts, judges, to formulate
decisions, and also at the same time includes the values or ideals
that underlie it. Everynation has its own legal system, along with the
value system that underlies it,including Indonesia (Titon Slamet,
2009: 19). Adequate understanding ofsources or materials
originating from legal sources in Indonesiais a concrete component
of the legal structure or building of the legal systemIndonesia,
which includes laws and regulations, court decisions,customs, as
well as other non-positive rules, that every legal issue must
beresolved within the framework of the applicable legal system, or
with reference to that source (Titon Slamet, 2009: 42-43).
The Indonesian legal system isthe formal structure of the applicable legal rules
and the underlying principles, which in turn is based on the Constitution of the
Unitary State of the Republic of Indonesia and inspired by the Pancasila
philosophy. Indonesian positive law elements (system of rules) includes

01. 02. 03.

The law or legislation along Customs and or customs that Court decisions that have permanent
with the principles related to it. have been accepted as law legal force (inkracht van gewisjde).

International treaties or
04. agreements.
 Pancasila legal system
The Pancasila legal system by Ismail Saleh as a national legal
system that born from the ideals of the law and the basic norms
of the Republic of Indonesia containing harmony, harmony, and
balance between the interests of each people, society, and the
state which in its implementation requires an attitude self-control
as a whole, consisting of four main components, namely (Solly
Lubis,2009: 5):
1. Legal instruments, contained in various forms of
legislation according to a predetermined order, and
contains legal material needed to run the government.

2. Legal institutions, a forum as well as a vehicle for

implementing various legal instruments that have been
established, as well as regulated processes and
procedures within a network, and institutional coordination
links the law, including harmonious cooperation in
government.

3. Legal apparatus, as implementers, enforcers and

controllers of various established legal instruments.

4. Legal culture, a work ethic and moral attitude that

must be demonstrated by the legal apparatus.
 The National Legal Development Agency, as followed by Satya Arinanto, provides an
understanding of the legal system with the following elements
(Ade Maman Suherman, 2004: 14-15):

1. Legal material (legal order) 2. Legal apparatus are those who have 3. Legal facilities and
which consists of: duties and functions counseling, infrastructure of a physical
a. Legal planning.
application, enforcement, and legal nature.
b. Establishment of law.
services.
c. Legal research.
d. Legal development.

4. Legal culture of the 5. Legal

community and officials. education.
 Law in Indonesia has basically undergone significant changes
basic from the start. Starting from the independence of the Indonesian nation with the enactment
of the 1945 Constitution (UUD 1945), until the amendments The 1945 Constitution after the
reform in 1998, which has undergone changes 4 (four) times from the first amendment in the
MPR Annual Session in 1999, second amendment in the 2000 MPR Annual Session, third
amendment in the 2001 MPR Annual Session, and the fourth amendment in the Session Annual
MPR 2002. Amendments to the 1945 Constitution made the legal system in Indonesia also
underwent changes, which were different at the time it was enacted after the independent.
The text of the 1945 Constitution
of the Republic of Indonesia
enacted on August 18, 1945, and
re-enacted by Decree President on
5 July 1959, and confirmed by
acclamation on 22 July 1959 by
the House of Representatives as
stated in the Gazette State
Number 75 of 1959.
 Civil Law System
Civil law is a translation of civil law, which is a legal system that born during the
Byzantine Empire with its emperor Justinian (527-565) who is a combination of
the four sections of Roman Law, which have been prepared since 528 to 534 AD,
with the name corpus juris civilis, namely:

1. Codes.
2. Digest (pandects).
3. Institutes.
4. Novels.
Civil law is a legal tradition originating from Roman Law which codified in
Justinian's Corpus Juris Civilis spread throughout Europe and world. This legal
tradition is systematic, structured, based on the declarations of the councils,
general principles and often avoid details, and are divided (Ade Maman Suherman,
2004: 57):
1. Codified Roman law (French civil code 1804).
2. Uncodified Roman law.
The spread of civil law to various parts of the world occurs through nations
Europe in the era of colonization with the initial goal of trade and commerce,
which eventually colonized and entered their legal system into each of their
colonies, for example the Netherlands in the Dutch East Indies era until after the
independence of Indonesia through Article II Transitional Rules in the 1945
Constitution of the legal system originating from The Netherlands is still in effect.
 Conclusion

Law began to exist in Indonesia since the Dutch began to colonize Indonesia where
the Dutch used the continental European legal system in regulating society, this made
our country adhere to the system of government until now with several changes in order
to keep up with the development of society.
The Indonesian legal system is a formal structure of applicable legal principles and the
underlying principles, which in turn are based on the Constitution of the Unitary State of
the Republic of Indonesia and are imbued with the Pancasila philosophy.

Indonesia adheres to a civil law legal system in which case decisions or court
decisions must be in accordance with the law as described in the discussion above
 FAKULTAS HUKUM
UNIVERSITAS KRISNADWIPAYANA

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