Indonesia Legal System

Indonesian Legal System
Definition of Law
Until now, there is still no agreement among the scholars

about the formulation This can be seen from the opinions
two prominent scholars, namely van Kan and L.J. van Apeldoorn.
The opinion are ,
A. Van Kan:
"There are no definitions that are truly perfect"
Meaning: pera legal expert is still looking for something appropriate
About the notion of law.
b. L.J. van Apeldoorn:

"It's impossible to give a resolution about the law, because
the relations of community members governed by law exist
1001 kinds ".
As a guide in legal settlement, there are several legal resolutions

proposed by scholars as follows:
A. E. Utrecht, in his book "Introduction to Indonesian Law" stated

Legal Resolution as follows: "The law is a collection of instructions
life (commandments and prohibitions) that are regulated in the order
a community, and announced by community members who
Hopefully, because of violations of these life instructions can be
lead to action on the part of the government ".
b. Sudiman Kartohadiprojo, in his book "Introduction to Indonesian Law",

said that: "Law is the thought or opinion of a person just or not
fair about the relationship between humans "
c. Mochtar Kusumaatmaja, in his book "Community Law and Coaching

National Law ", said:" Law is the whole method
and the principles given by humans to live in society
which lends order issued by institutions-and
processes for realizing the validity of the method as reality
in society ".
d. Van Vollehhoven, in his book Het Adatrecht van Nederlansche Indie
said that: "The law is a fact in the association of life that is turbulent
continuously in a state of banging without stopping
with other symptoms ".
Legal Resources
What is meant by legal sources is "the origin of the law," that is, everything
something that gives rise to the rule of law so that it has power
binding.
"Everything" is interpreted as factors that influence

to the emergence of the law, where the law was found, or where it came from
fill in legal norms. Legal sources can be divided into: first legal sources
material, and both sources of formal law.
The source of material law is public awareness, legal awareness

who live in society about what they think they should. Source
this material law determines what content must be fulfilled for something to be
referred to as law and has binding power (must be obeyed) as
law. The contents of the law are determined by idiotic factors and factors
social. The idiel factor is a guideline about justice which is
the immediate purpose of the rule of law which ends with the legal purpose,
namely general welfare. Whereas social factors are things that are
real life in society itself which is subject to the rules within
people's lives.
The material legal source of the Republic of Indonesia is Pancasila

as stated in the Preamble to the 1945 Constitution,
namely: the Almighty God, just and civilized humanity, Unity
Indonesia, democracy led by wisdom in wisdom
consultation / representation, and social justice for all Indonesian people.6
Formal legal sources are places where we can find law.
Including formal legal sources, are:
a. Constitution
b. Customs and customary law
c. Jurisprudence
d. Treaty
e. Doctrine
Legal System
The material legal source of the Republic of Indonesia is Pancasila

as stated in the Preamble to the 1945 Constitution,
namely: the Almighty God, just and civilized humanity, Unity
Indonesia, democracy led by wisdom in wisdom
consultation / representation, and social justice for all Indonesian people.6
Formal legal sources are places where we can find law.
Including formal legal sources, are:
a. Constitution
b. Customs and customary law
c. Jurisprudence
d. Treaty
Indonesia’s legal system has, since the declaration of independence in 1945,

laboured under a major shortcoming: no law has established the precise status of
international law within the domestic legal order. Over the decades, Indonesia
has signed more than 4000 international agreements, yet their precise legal
effect - that is, the extent to which they bind Indonesian officials and
institutions, including judges in courts - has been uncertain. One result appears
to have been inconsistency, with some officials and courts being willing to
apply and enforce international law ‘directly’ and others refusing to do so
without a direct act of ‘transformation’ – that is, the adoption of the subject
matter of an international agreement within an Indonesian legal instrument, or at
least a declaration of ratification within such an instrument.
Treaties under Indonesian Law: a Comparative Study by Dr Iur. Damos Dumoli

Agusman, SH. MA. According to Dr Agusman’s convincing explanation,
before Suharto’s fall in 1998, the role of international law within the domestic
legal system had not been considered a particularly important issue by previous
administrations.
Under the ‘Old Order’ of Indonesia’s first president, Soekarno, international law
was treated with some disdain and largely ignored. After all, it had been mostly
created by western powers, many of which had colonised the developing world,
including Indonesia. Why, then, should Indonesia submit to the rules of the
West – this time by choice? For some Indonesians, international law was also
irrelevant to their concerns to build a strong nation. Indonesia even withdrew
from the United Nations (UN) in 1965, arguing that it was ‘blatantly against our
colonial struggle’ and ‘against the lofty principles and purposes of the UN
Charter’. Nevertheless, international law was taught and studied in law faculties
across Indonesia. But it was treated as a separate discipline, entirely divorced
from the study of Indonesia’s domestic legal system.
As a legal state, Indonesia adheres to three legal systems that live and develop
in society, namely the civil law system, the adat law system, and the Islamic law
system. The three legal systems are complementary, harmonious and romantc.
Islamic law infuences the legal style in Indonesia because the majority of the
populaton in Indonesia adheres to Islam which allows Islamic law to become an
important part and infuence the legal system in Indonesia. Meanwhile, adat law
as an original law that grows and develops from people’s habits infuences the
legal applicaton in Indonesia. In fact, the values contained in customary law and
Islamic law in Indonesia are used in the establishment of jurisprudence in the
Supreme Court. This paper will explain how customary law and Islamic law
with ”unwriten law” character are able to fll the legal gap of the Indonesian civil
law system

Indonesia Legal System

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Indonesian Legal System

Until now, there is still no agreement among the scholars

The opinion are ,

b. L.J. van Apeldoorn:

As a guide in legal settlement, there are several legal resolutions

A. E. Utrecht, in his book "Introduction to Indonesian Law" stated

b. Sudiman Kartohadiprojo, in his book "Introduction to Indonesian Law",

c. Mochtar Kusumaatmaja, in his book "Community Law and Coaching

"Everything" is interpreted as factors that influence

The source of material law is public awareness, legal awareness

The material legal source of the Republic of Indonesia is Pancasila

The material legal source of the Republic of Indonesia is Pancasila

Indonesia’s legal system has, since the declaration of independence in 1945,

Treaties under Indonesian Law: a Comparative Study by Dr Iur. Damos Dumoli

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