Indonesian Legal System

Indonesian legal system
Name : Jamaludin
Major : International relations
ID : 01201200080
Introduction
In this short essay will be explain about Indonesian legal system, generally
implemented in Indonesia. These are several system that occur in Indonesia in essence:
continental legal system, Anglo-Saxon legal system, customary legal system and canonical
legal system. Knowing Indonesian legal system society can as a Legal society capable of
outlining the Legal System in Indonesia in general and identifying differences between the
Legal Systems in Indonesia.
The Law System is a unified whole of arrangements consisting of parts or elements that are
interconnected and closely related. In a good legal system there can be no contradictions or
overlaps between the parts. If such opposition or contradiction occurs, the system itself solves
it until it does not go away1.
In the Indonesian Positive Legal System there are subsystems of Civil Law, Criminal Law
Subsystems, Subsystems of constitutional law and Law Subsystems in the current and various
universes, which vary from each other.
Continental European Law System

The Continental Law System created in territory European nations and halfway called
the Civil Law. Initially the Legal System was gotten from the legal codification that won in the
Roman Empire amid the rule of Emperor Justinian. Codification of the law is an accumulation
of different guidelines of law that existed before the Justinian time called Corpus Juris Civilis.
At that point made essential standards in the detailing and codification of law in territory
European nations, for example, Germany, the Netherlands, France, Italy, Latin America, Asia
(counting Indonesia amid the Dutch pioneer time frame)2.
The primary standard or essential rule of the Continental European Law System is that
it gets a coupling power since it is as a law planned systematically in codification, the principle
wellspring of law in the Continental European Law System is a law built up by the governing
1
https://tiarramon.wordpress.com/2009/05/10/macam-macam-sistem-hukum-di-dunia/
2
http://pajarr.blogspot.co.id/2011/09/sejarah-pertumbuhan-hukum-eropa.html
body. What's more, the guidelines that are utilized as direction of the official power which is
made by him in view of his power and the propensities that live in a general public which is
not in opposition to the law is additionally perceived as a wellspring of law.
In the Continental European Law System the law is grouped into two fundamental parts in
particular open law and private law3.
Open Law incorporates:
A. Sacred law
B. Law of State Administration
C. Criminal Law
Private Law Includes:
A. Common Law (Civil Law)
B. Exchange Law
However, in the current legal advancement the limits between Public Law and Private
Law are progressively obscured. This implies numerous regions of life which is really a man's
advantages yet it ends up indicating an open intrigue that requires the mediation of the
administration through the tenets of open law.
Anglo-Saxon Law System

The Anglo-Saxon Law System (Anglo-American) initially thrived in the United
Kingdom and was known as Common Law or Unwritten Law. This Legal System is embraced
in the Commonwealth part conditions of England, North America, Canada, United States of
America. The Anglo-Saxon Law System originates from judges/court choices or statute4.
Composed traditions and controls as laws and directions of state organization are perceived
too, since basically the definition of these standards and controls originates from the court's
choice. Court administering. Such composed guidelines and directions are not systematically
classified in the Continental European Law System. Consequently, the judge is bound by the
legal guideline of a current court choice from comparable cases (tenet of point of reference
standard). Be that as it may, if in the past court choice no legal standard was discovered, a judge
in light of the rule of equity, truth and presence of mind could choose the case by utilizing legal
elucidation technique. The Anglo-Saxon Law System is regularly additionally called Case
Law. In the division of the law, this legal system additionally isolates the law into two
gatherings, to be specific open law and private law. Private law as per this legal system is more
3
http://klikby.blogspot.co.id/2013/01/sistem-hukum.html
4
http://artfalsafah.blogspot.co.id/2014/01/sistem-hukum-anglo-saxon.html
coordinated to the tenets of law on property rights, the law of the general population, the law
of agreement, and the law of the activity illegal
Customary Law System

Standard law system for the most part originates from unwritten laws that develop and
create and kept up in view of attention to law group. The Customary Law System exists and
creates in the social life circle in Indonesia, China, India, Japan and different nations5.
The idea of Customary Law is customary with its roots in the will of the precursors.
The measure of the will to be finished by man is the blessed will of the predecessors. Standard
Law changes on account of the impact of occasions and social conditions. Because of its
unpredictable nature and simple change in accordance with the advancement of social
circumstances, flexible customary laws are inalienable in nature. Since the source is not
composed, custom law is not unbending and simple to modify.
The Customary Law System in Indonesia is isolated into three gatherings:
A. Customary a's Law of the State's request, the request representing the request and request in
legal collusions, and the piece and workplace of the methods for hardware, workplaces and
authorities.
B. Standard Law concerning natives (Citizenship Law) comprises of;
1. Relation Law (kinship)
2. Land Law
3. Legal Litigation
C. Standard Law concerning wrongdoing (criminal law)
The part in running the Customary Law System is the customary pioneer (customary partner),
since he is a regarded pioneer of the group.
5
http://hukum.unigo.ac.id/berita-29/hukum-adat-di-indonesia.html

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Indonesian legal system

Continental European Law System

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Customary Law System

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