LAW IN INDONESIA


 Indonesia's legal system is a mix of European law, religious law and customary law. Most of the system adopted, both Civil and Criminal, Law based on Continental Europe, particularly the Netherlands because of aspects of the history of the past which is the Indonesian colonies as the Dutch East Indies (Nederlandsch-Indie). Religious law, because the majority of Indonesian people Muslim and the dominance of Shari'a law or a lot more, especially in the areas of marriage, kinship and inheritance. Additionally, in Indonesia also apply customary law system is absorbed in legislation or jurisprudence, which is a continuation of the local rules of society and cultures that exist in the archipelago.A. Indonesian Civil LawLaw is a set of rules that contains commands and prohibitions are made by the authorities so that they can be forced pemberlakuaanya serve to organize society for the creation of order is accompanied by sanctions for violatorsOne area of ​​law that governs the rights and liabilities held on the subject of the relationship between Law and Law subjects. Civil Law also called private or civil law as opposed to public law. If public law regulate matters relating to the State and the public interest (eg, politics and elections (Law of the State system), activities of daily administration (administrative law or state administration), crime (Criminal Law), the Civil Law governing the relationship between resident or citizen day-to-day, such as maturity, marriage, divorce, death, inheritance, property, business activities and actions that are more civil.There are several systems in the world Applicable law and the law system differences also affect the field of civil law, such as Anglo-Saxon law system (ie system of law applicable in the United Kingdom and Commonwealth Nations or States are affected by the UK, for example the United States), the continental European system of law, Law communist system, the system of Islamic law and other law systems. Civil Law in Indonesia is based on the Civil Code in the Netherlands, in particular the Netherlands during the Civil Law Act penjajahan.Bahkan Book of Civil Law (known Civil Code.) Prevailing in Indonesia is nothing but the translation is less precise than Burgerlijk Wetboek (or known by BW ) prevailing in the kingdom of the Netherlands and enforced in Indonesian (and Dutch colonies) based on the principle of concordance. For Indonesia, which was then called the Dutch East Indies, BW imposed from 1859. Dutch Civil Code itself adapted from the Civil Code in force in France with a few adjustments. Book of Civil Law legislation (abbreviated Civil Code) consists of four parts, namely:• Book I of the People; law governing individual and family law, the law governing the status and the rights and liabilities held by the subject of the Law. Among other provisions regarding the emergence of civil rights of a person, birth, adulthood, marriage, family, divorce and the loss of civil rights. Especially for the marriage part, some of its provisions have been declared invalid by in undangkannya Act No. 1 of 1974 concerning marriage.• Book II of the material; Laws governing bodies, the law governing the rights and liabilities owned law relating to the subject matter, among other rights, property rights, inheritance and underwriting. The meaning of objects includes (i) tangible objects that are not moving (eg land, buildings, and ships with a certain weight), (ii) moving tangible objects, other than the tangible objects that are considered as tangible objects do not move, and (iii) intangible objects (eg the right to collect or receivables). For portions of land, most of its provisions have been declared invalid by in undangkannya Act No. 5 of 1960 concerning agrarian. Similarly, the section on underwriting the mortgages, has been declared invalid by in undangkannya law on security rights.• Book III of the Engagement; Laws governing the engagement (or sometimes referred to as the agreement (although this term actually means to have a different meaning), the law governing the rights and obligations between the subjects of law in the field of engagement, among others, about the types of engagement ( consisting of engagement arising from (specified) legislation and engagement arising from the agreement), the terms and procedures for the preparation of a treaty. Especially for trade, the Book of the Law statute trade (businesses) are also used as a reference . Contents KUHD closely related to the Civil Code, particularly Book III. could say to businesses is a special section of the Civil Code.• Book IV of the expiry date and Evidence; regulate the rights and obligations of the subject of the Law (specifically limit or deadline) to use their rights in civil law and matters relating to evidence.Systematics of the Criminal Code that is still used as a reference by experts and is still taught in law faculties of law in Indonesia.B. Indonesian Criminal LawBased on its contents, the Law can be divided into 2, namely private law and public law (CST Kansil). Law is the law regulating private relationships to individual persons, while public law is the law that governs the relationship between the citizens of the State of the State. Criminal law is part of public law. Criminal law is divided into two parts, the Criminal Law and Criminal Law formal material. Criminal law governs the determination of substantive criminal acts, perpetrators of criminal acts, and Criminal (sanctions). In Indonesia, the setting material set out in the Criminal Law books Criminal law (Criminal Code). Criminal law governing the formal implementation of the Criminal Law of the material. In Indonesia, setting a formal Criminal Law has been enacted by Act No. 8 of 1981 on Criminal procedural law (Criminal Code).C. State constitutional lawState constitutional law is the law that governs the State, which include founding, institutional structures, the establishment of state institutions, relations law (rights and obligations) between the State agencies, regions and citizens.D. Administrative law (administration) StateAdministrative law (administration) is a state law governing the administration of the State. The laws that govern the implementation of the government in carrying out its duties. State law has similarities with administarasi Law Negara.kesamaanya system lies in government policy, whereas in the case of system state law differences over the constitution refers to the function / Legal basis used by the State in terms of government policy settings, for the administration of law in the State where the State "state that moves". State administrative law is also often referred to HTN in the strict sense.E. Indonesian civil procedural lawIndonesian civil procedural law is the law governing the procedures for the hearing (litigants in judicial bodies) within the scope of the Civil Code. In the event of Civil Law, can be seen in the former Dutch regulations (eg; Het Herziene Inlandsh Reglement / HIR, RBG, RB, RO).F. Indonesian criminal procedure lawIndonesian criminal procedure law is the law governing the procedures for the hearing (litigants in judicial bodies) within the scope of the Penal Code. Criminal procedural law in Indonesia is regulated by Law No. 8 of 1981.Principle in the show Criminal LawPrinciple in criminal procedural law in Indonesia is:• The principle of a written order, which is all the law action can only be made by written order of the competent authority in accordance with the Act.• The principle of justice is fast, simple, low cost, honest, and impartial, which is a series of criminal proceedings (of the investigation up to the judge's ruling) done quick, concise, honest, and fair (Article 50 Criminal Code).• The principle of law assistance, that every person has a chance, even the compulsory assistance to the defense of his law (Article 54 of the Criminal Procedure Code).• The principle of open, ie criminal acts examination conducted open to the public (Article 64 Criminal Code).• The principle of proof, namely the suspect / defendant is not burdened with the burden of proof (Article 66 Criminal Code), unless otherwise provided by law.G. Between governance law LawsThe law is the law between governance laws governing the relationship between two or more groups which are subject to different provisions of law.H. Customary law in IndonesiaThe main article for this section is: Customary Law in IndonesiaCustomary law is a set of norms and customary rules applicable in a region.I. Islamic law in IndonesiaIslamic law in Indonesia as a whole can not be enforced, because there is full support from all levels of society both democratically through elections or a referendum or amendment of the 1945 Constitution explicitly and consistently. Aceh is the only province that many applying Islamic law through religious courts, in accordance with Article 15, paragraph 2 of Law No.. 4 of 2004 on Judicial Power, namely: Islamic Sharia Courts in the Province of Nanggroe Aceh Darrussalam a special court in the religious courts throughout the judicial authority regarding the authority of religion, and a special court in general courts throughout the judicial authority of the public authority concerned.J. Law termLawyerSince the enactment of Law No. 18 of 2003 concerning an advocate, a term for someone who is providing assistance in private law - which was originally composed of various designations, such as advocate, attorney, law consultants, advisers Law - is an advocate.Advocates and lawyersBoth of these terms actually mean the same, although there are some opinions that different states. Before the enactment of Law No. 18 of 2003, the term for a black plate of justice is very diverse, ranging from the term attorney, Legal Advisor, Legal consultants, lawyers and others. Attorney in accordance with the words literally can be interpreted as the proceedings, which means that individuals, whether incorporated in an office together or individually run law enforcement profession as a black plate on the court. While advocates can move in court, as well as acting as a consultant in matters of law, both criminal and civil. Since the enactment of Law No. 18 of 2003, then the terms are standardized to advocate it.First that distinguishes both the Advocate is someone who holds a permit air "event" in the Court by the Minister of Justice as well as the region has to "proceedings" in all regions of the Republic of Indonesia, while the practice of lawyer is a person who holds a license to practice / proceedings based on the Decree of the High Court Where local beracaranya region was "only" region of the High Court which issued the license to practice. After Law. 18 years 2003 applies then authorized to appoint a person to be an Advocate is an Advocate. (Lawyers and Attorneys Practice / shyster etc seteah Law. Removed 18 of 2003)Legal ConsultantLegal consultant in English or counselor at law or the legal consultant is a person who is providing services in the form of consulting the Law, the Law of the system in force in each country. For Indonesia, since the Act number 18 of 2003 applies, all the terms of the law consultants, lawyers, Legal and other advisers who are providing services within the scope of the Law has been standardized to advocate.Prosecutors and policeTwo public institutions that play an active role in enforcing public law in Indonesia is the prosecutor and police. Police or the police role is to receive, investigate, investigate a criminal act that occurred within the scope of its territory. If found the elements of criminal acts, either specific or general, or specific, then the perpetrator (suspect) will be asked details, and if need be retained. In the period of detention, the suspect will be reached for comment about the alleged criminal acts occurred. In addition to the suspect, the police are also examining the witnesses and evidence are closely related to the alleged criminal act. The information gathered in the investigation report (BAP) which, when expressed P21 or complete, will be sent to the prosecutor for the trial period prepared in court. The prosecutor will run the checking function analysis of BAP and evidence and witnesses to be brought to justice. If the prosecutor argued that the lack of supporting evidence or witnesses, the prosecutor will return the file to the police, to come. Once complete, the prosecutor will do the prosecution case. At this stage, the perpetrator (suspect) has changed the status of a defendant, who will be tried in court. When the verdict was handed down, the status changed to convict the defendant.Indonesian lawIndonesia's legal system is a mix of European Law, the Law of Religious and Customary Law. Most of the system adopted, both Civil and Criminal, based on continental European law, particularly from the Netherlands because of aspects of the past history of Indonesia as a colony as the Dutch East Indies (Nederlandsch-Indie). Religious law, because the majority of Indonesian people Muslim and the dominance of Shari'a law or a lot more, especially in the areas of marriage, kinship and inheritance. Additionally, in Indonesia also apply customary law system is absorbed in legislation or jurisprudence, [1] which is a continuation of the local rules of society and cultures that exist in the archipelago.Indonesian Civil LawLaw is a set of rules that contains commands and prohibitions are made by the authorities so that they can be forced pemberlakuaanya serve to organize society for the creation of order is accompanied by sanctions for violatorsOne area of ​​law that governs the rights and liabilities held on the subject of the relationship between Law and Law subjects. Civil Law also called private or civil law as opposed to public law. If public law regulate matters relating to the State and the public interest (eg, politics and elections (Law of the State system), activities of daily administration (administrative law or state administration), crime (Criminal Law), the Civil Law governing the relationship between resident or citizen day-to-day, such as maturity, marriage, divorce, death, inheritance, property, business activities and actions that are more civil.There are several systems in the world Applicable law and the law system differences also affect the field of civil law, such as Anglo-Saxon law system (ie system of law applicable in the United Kingdom and Commonwealth Nations or States are affected by the UK, for example the United States), the continental European system of law, Law communist system, the system of Islamic law and other law systems. Civil Law in Indonesia is based on the Civil Code in the Netherlands, especially the Dutch Civil Code in the colonial period.Search Wikisource Wikisource has source documents related to the Civil Code, even the Book of the Law of Civil Law (known Civil Code.) Prevailing in Indonesia is nothing but the translation is less precise than Burgerlijk Wetboek (or known as BW) prevailing in the kingdom of the Netherlands and enforced in Indonesian (and Dutch colonies) based on the principle of concordance. For Indonesia, which was then called the Dutch East Indies, BW imposed from 1859. Dutch Civil Code itself adapted from the Civil Code in force in France with a few adjustments. Book of Civil Law legislation (abbreviated Civil Code) consists of four parts, namely:* Book I of the People; law governing individual and family law, the law governing the status and the rights and liabilities held by the subject of the Law. Among other provisions regarding the emergence of civil rights of a person, birth, adulthood, marriage, family, divorce and the loss of civil rights. Especially for the marriage part, some of its provisions have been declared invalid by in undangkannya Act No. 1 of 1974 concerning marriage.* Book II of the material; Laws governing bodies, the law governing the rights and liabilities owned law relating to the subject matter, among other rights, property rights, inheritance and underwriting. The meaning of objects includes (i) tangible objects that are not moving (eg land, buildings, and ships with a certain weight), (ii) moving tangible objects, other than the tangible objects that are considered as tangible objects do not move, and (iii) intangible objects (eg the right to collect or receivables). For portions of land, most of its provisions have been declared invalid by in undangkannya Act No. 5 of 1960 concerning agrarian. Similarly, the section on underwriting the mortgages, has been declared invalid by in undangkannya law on security rights.* Book III of the Engagement; Laws governing the engagement (or sometimes referred to as the agreement (although this term actually means to have a different meaning), the law governing the rights and obligations between the subjects of law in the field of engagement, among others, about the types of engagement ( consisting of engagement arising from (specified) legislation and engagement arising from the agreement), the terms and procedures for the preparation of a treaty. Especially for trade, the Book of the Law statute trade (businesses) are also used as a reference . Contents KUHD closely related to the Civil Code, particularly Book III. could say to businesses is a special section of the Civil Code.* Book IV of the expiry date and Evidence; regulate the rights and obligations of the subject of the Law (specifically limit or deadline) to use their rights in civil law and matters relating to evidence.Systematics of the Criminal Code that is still used as a reference by experts and is still taught in law faculties of law in Indonesia.Indonesian law principlesIn principle Indonesian law is the result of a duplication of the codified Law of the Netherlands, in the field of Law Indonesia alone there are Criminal Code, Civil Code, Law of the State system, the State Administration Law, Commercial Law, Procedural Law of the judiciary, civil procedural law, customary law and international law.In the Criminal Code is divided into 3 books.1. book 1 of the general provisions2. 2 books about crime3. 3 books about offenseIn the Civil Code is divided into 4 books.1. Book 1 of the Law of persons2. Book 2 of the objects3. Book 3 of the Engagement4. Book 4 of ExpirationState constitutional law talking about rules to be followed in the administration of the State. State administrative law speaks executive power in the government in carrying out and implementing legislation - Law International Law is divided into two kinds of rules:1. Public International Law The law governing relations between States.2. International Private Law \ Law governing citizens of different relationships.

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