LAW IN INDONESIA
The law in Indonesia is a mixture Of European law legal system, religious laws and customary law. Most big System adopted, whether civil or criminal, ON-based Continental European law, particularly the Netherlands BECAUSE ASPECTS From the Past History of Indonesia The colony is wilayah WITH designation Indies (Nederlandsch-Indie). Religion Law, BECAUSE most big 'people of Indonesia to Islam, then dominance of Shari'a law OR MORE Many, especially in the field Marriage, family and heritage. In addition to ITU, in Indonesia Also Applies Indigenous legal systems, which is the forwarding mechanism Of Local Rules Of-cultural society and culture in the region of the archipelago.
Civil Law Indonesia
One Legal Affairs Yang regulate the rights and liabilities subject is possessed IN BETWEEN Relations Law and legal subjects. Civil law is also called the private law OR Civil law as Opponent Of public law. IF the law of public regulate THINGS relates WITH gatra well as the interests of Sales manager (misalnya political and electoral (LEGAL PROCEDURES STATE), activities Government Everyday (administrative law OR administration gatra), crime (criminal law), then regulate civil law relationship Population OR BETWEEN Everyday Citizen, such as maturity misalnya Someone, Marriage, divorce, Death, inheritance, property Benda, business activities and actions What is more civil.
There are several legal system Applicable in the World And Differences The legal system
Also affecting Sector Civil law, BETWEEN lay legal system of Anglo-Saxon (ie legal system
Applicable in the UK And the state-gatra commonwealth OR state-gatra be affected by the
British, misalnya Murai law) high, the Continental European legal systems, high Communist
legal system, the Islamic legal system and other legal systems. Civil law in Indonesia based
on the civil law in the Netherlands, in particular the Dutch civil law in the colonial period.
Even the Book of the Law of Civil Law (known as the Civil Code.) Applicable in Indonesia
is nothing but the translation is less precise than Burgerlijk Wetboek (or known as BW)
applicable in the Kingdom of the Netherlands and enforced in Indonesia
(and the colonies of the Netherlands) based on the principle of concordance ,
For Indonesia, which was then called the Dutch East Indies, BW put into effect from 1859.
The Dutch civil law itself was adapted from civil law applicable in France with some
adjustments. The Book of civil law legislation (abbreviated KUHPer) consists of four parts,
• Book I of the People; regulate the natural law and family law, the law governing the status and the rights and obligations of which are owned by legal subjects.
Among other provisions concerning the emergence of a person's civil rights, birth, maturity,
marriage, family, divorce and the loss of civil rights. Especially for the marriage part,
some of its provisions were declared invalid by at undangkannya Act No. 1 of 1974 on marriage. • Book II of the material; regulates the legal matter, the law that regulates the rights and obligations relating to the legal subject matter, among other material rights, inheritance and underwriting. What is meant by objects include (i) tangible objects
that do not move (eg land, buildings and ships with a certain weight); (Ii) tangible
objects that move, that is tangible objects other than those regarded as tangible objects
do not move; and (iii) intangible (eg the right to collect receivables). Especially for
the piece of land, most of its provisions were declared invalid by at undangkannya Act No. 5 of 1960, agrarian. Similarly, part of the guarantee with mortgages, were declared
invalid by at undangkannya law on security rights. • Book III of Engagement; governing law of the engagement (or sometimes also called the agreement (although this term actually means have a different meaning), the law that regulates the rights and obligations between subjects of law in the
field of engagement, among others, about the types of engagement (which consists of engagement arising of the (set) laws and engagement arising from the agreement), the terms and procedures for the preparation of a treaty. Especially for the field
of trade, the Book of legislation commercial law (Commercial code) is also used as a reference. the contents KUHD closely related to KUHPer, especially Book III. It could be said
KUHD is a special part of the Civil Code. • Book IV of the expiry date and Evidence; regulate the rights and obligations of legal subjects (particularly the limits or deadlines) in the use of their rights in
civil law and matters pertaining to evidence.
Systematics exist in the Criminal Code continues to be used as a reference by legal
experts and is still taught in the faculties of law in Indonesia.
Indonesian criminal law
Based on its contents, the law can be divided into two, namely private law and public law
(C.S.T Kansil) .Hukum private is the law that governs the relationship to individual persons,
whereas public law is the law regulating the relationship between state and citizens.
Criminal law is part of public law. The criminal law is divided into two parts, namely
the criminal law of material and formal criminal law. Material criminal law governing
the determination of criminal offenses, criminal, and the criminal (sanctions).
In Indonesia, the material criminal law arrangements stipulated in the statute
books of criminal law (Criminal Code). Formal criminal law regulates the implementation
of substantive criminal law. In Indonesia, the setting formal criminal law has been ratified
by Law No. 8 of 1981 on criminal procedure law (Criminal Code).
Constitutional law is the law governing the state, among others, the establishment,
the institutional structure, the establishment of state institutions, legal relations
(rights and obligations) between state institutions, regions and citizens.
Administrative law (administrative) state
Saha administrative law (administrative) are state laws that govern the administration
of the state. That is the law governing the administration of the government in carrying
out its duties. administarasi state law has similarities with administrative law
negara.kesamaanya located in terms of government policy, whereas in the case
of a difference of constitutional law refers more to the function of constitutional /
legal basis used by countries in terms of setting government policy, to administrative
law in the country where "A state that moves". Law of the state administration is also
often called HTN in the strict sense.
Indonesian civil procedural law
Indonesian civil law is the law governing the procedure of the hearing
(the litigants in the judiciary) in the sphere of civil law. In civil law,
can be seen in the Book of Law Code of Civil Procedure (KUHAPerdata).
Indonesian criminal procedure law
Indonesian criminal procedure law is the law governing the procedure of the hearing
(the litigants in the judiciary) in the sphere of criminal law. Indonesian criminal procedure
law regulated in Law Number 8 of 1981.
The principle of the law of criminal procedure
The principle in the criminal procedure law in Indonesia is:
• The principle of written order, ie any legal action can only be done based
on the written order of the competent authority in accordance with the Act.
• The principle of justice quick, simple, low cost, honest, and impartial, a series
of criminal proceedings (of the investigation until the decision of the judge)
to do a quick, concise, honest, and fair (article 50 Criminal Code).
• The principle of legal aid, that everybody has a chance, even obliged to obtain
legal aid for his own defense (Article 54 of the Criminal Procedure Code).
• The principle of open, ie checks criminal acts carried out openly to the public
(Article 64, Criminal Code).
• The principle of proof, that the suspect / defendant no evidentiary burden
(article 66 Criminal Code), unless otherwise regulated by law.
Law between legal order
Law between the rule of law is the law that governs the relationship between the two
parties or more are subject to different legal provisions.
Customary law in Indonesia
The main article for this section are: Customary Law in Indonesia
Customary law is a set of norms and customary rules applicable in the region.
Islamic Law in Indonesia
Islamic law in Indonesia can not be enforced as a whole, because of the lack
of full support from all levels of society democratically through elections or a referendum
or an amendment to the 1945 Constitution explicitly and consistently. Aceh is the only
province that many apply Islamic law through the Religious Court, in accordance with
Article 15, paragraph 2 of Law No. 4 Year 2004 concerning Judicial Authority, namely:
Islamic Sharia justice in Nanggroe Aceh Darrussalam is a special court in religious
courts throughout its authority regarding the authority of religious courts, and a special
court within the general courts throughout the judicial authorities regarding the authority
of the public. In the Qur'an letter 5:44, He who decides something is not with Allah revealed,
then including the people who disbelieve. "Likewise, in paragraph 45, and 47.
So the Muslims should enforce Islamic sharia law as a whole, because God has ordered
that his ummah converted to Islam as a whole (Sura 2: 208).
law term lawyer
Since the enactment of Law No. 18 of 2003 on an advocate, a term for someone who
is providing legal assistance in private - which originally consisted of various designations,
such as advocates, lawyers, legal consultants, legal counsel - are advocates.
Advocates and Lawyers
Both of these terms actually mean the same, although there are some opinions were
expressed differently. Prior to the enactment of Law No. 18 of 2003, the term for a black
plate of justice is very diverse, ranging from a term lawyers, legal advisers, legal consultants,
lawyers and others. Lawyer in accordance with the word literally means a person who
litigation, which means individuals, whether incorporated in an office jointly or individually
practicing a profession as a black plate law enforcement in court. While advocates can
move in court, as well as acting as a consultant on legal matters, civil and criminal. Since
the enactment of Law No. 18 of 2003, then the terms are standardized to advocate it. In
the past that distinguishes both the Advocate is a person holding a permit for Air "event"
in the Court by the Minister of Justice and have an area for "proceedings" in the whole
territory of the Republic of Indonesia, while Lawyer Practice is a person who holds
a license to practice / proceedings based on the High Court's decision where local
beracaranya region is "only" the region of the High Court which issued the license
to practice. After Law No. 18 th 2003 applies the authorities to lift someone into Advocate's
Legal consultants or in English, counselor at law or legal consultant is a person whose
profession provide legal services in the form of consultations, in the legal system in force
in the respective countries. For in Indonesia, since Law No. 18 of 2003 applies, all the
terms of the legal consultants, lawyers, legal advisers and others that are within the
scope of the provision of legal services has been standardized to advocate.
Prosecutors and police
Two public institutions that play an active role in enforcing public law in Indonesia
is the prosecutor's office and the police. Police or the police role is to receive, investigate
, investigate a crime that occurred within the scope of its territory. If found elements of crime,
either specific or general, or specific, then the perpetrator (suspect) will be questioned,
and if necessary, will be retained. During the arrest, the suspect will be reached for comment
about the offenses allegedly occurred. In addition to the suspect, the police also examined
witnesses and evidence are closely related to alleged criminal offenses. Such information
gathered in the investigation report
(BAP) which, when expressed P21 or incomplete, will be sent to the prosecutor's office
to prepare future trial in court. AGO will perform the function of checking the dossier
and analysis of evidence and witnesses to be brought to justice. If the prosecutor found
no evidence or witnesses are less supportive, then the prosecutor will return the file to the
police, to be equipped. Once complete, the prosecutor will conduct 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 defendant changed
status to convict.