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Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [ 1 ]
The 1945 State Constitution of the Republic of Indonesia (Indonesian: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, commonly abbreviated as UUD 1945 or UUD '45) is the supreme law and basis for all laws of Indonesia.
In 2001–2004, this ministry was known as the Department of Law and Legislation (Departemen Hukum dan Perundang-undangan). From 2004–2009, this ministry was known as the Department of Law and Human Rights (Departemen Hukum dan Hak Asasi Manusia).
According to historical records, a civil law called the Code Civil des Français was formed in 1804, in which most European referred to them as the Napoleon Code. [2] On 24 May 1806 the Netherlands became a French client state, styled the Kingdom of Holland under Napoleon's brother, Louis Bonaparte in which he was instructed by Napoleon to receive and enact the Napoleonic Code.
The highest law of the land is the 1945 Constitution, amended four times from 1999 to 2002 during the early Reformasi period. Under the current rules on Indonesian lawmaking, the type of laws enacted by the government are hierarchically structured as: The 1945 Constitution (Undang-Undang Dasar Negara Republik Indonesia Tahun 1945)
Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law. [3] [4] After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding adversarial features to the criminal procedure.
In 1945, Indonesia declared independence and drafted a constitution which provided in Chapter X Article 27, "without any exception, all citizens shall have equal position in Law and Government". [56] Custom dictated that women and children were subordinated to men and in general women's roles in ethnic groups, families, and religious ...
A major problem for the court, like other parts of the legal system in Indonesia, is enforcement of decisions. The ability of the court system in Indonesia to have decisions enforced is sometimes quite weak and in recent years across Indonesia local officials have, in some cases, refused to abide by important decisions of the Constitutional Court.