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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.
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.
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).
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)
Under the Dutch legal system, Europeans were granted rights and family law matters were controlled by customary or religious law. 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]
The Supreme Court of the Republic of Indonesia (Indonesian: Mahkamah Agung Republik Indonesia) is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also re-examine cases if new evidence emerges.
The Ministry of Law is an Indonesian ministry that administers and develops law and intellectual property in Indonesia. The ministry has been led by Supratman Andi Agtas since 21 October 2024. [ 1 ]