introduction to indonesian legal system

8/10/2019 Introduction to Indonesian Legal System

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Introduction to

INDONESIAN LEGAL SYSTEM

M Endrio Susila

SH (Undip) MCL (IIUM)


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Legal Systems

Civil Law System

Common Law SystemIslamic Legal System

Socialis Legal System


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Historical Background

Roman Law

French LawDutch Law

Indonesian Law


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Definition of Law

Law is all rules which are

enforceable upon thecitizen.


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Sources of Law

Legislations

CustomTreaty

DoctrinePrecedent (Yurisprudensi)


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Legislations

Statute

Government DecreeMinisterial Decree

Byelaw


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Division of Law

National Law

Law prevailing in a particular state

International Law

Law governing the relationship

among nations


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Criminal Law

Criminal law is law which

deals with crimes (criminalact)

Criminology is scienceconcerning to crimes


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Criminal Law

Substantive Criminal Law

Determine acts which are punishable(criminal offense/delict)

Determine the punihsment for criminaloffenses

Criminal Procedure

Regulate how the substantive criminal lawto be implemented

Dealing with the procedure of investigation,prosecution, trial, and execution


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Administrative Law

Law dealing with the administration

of state

Subject Matters; tax, state policy,administration of land,

management of environment,

Important issues; Fries Ermessen,

Deuternement of Pavoir


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Constitutional Law

Dealing with the functions

of state bodies andrelationship among them


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Civil Law

Law governing private matter;

relationship between individuals.

Familiy Law; Law of Marriage, Law ofInheritance

Law of Property

Law of Contract; Contract of Sale,Lease Contract, Contract of

Invesment, etc


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Civil Law

Substantive Civil Law

Civil Procedure


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Judicative Power

Supreme Court

Court of AppealHigh Court/District Court


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Courts

General Court

Special Court

- Pengadilan Agama- Human Right Court

- Military Court

- Juvenile Court

- etc


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Parties in Criminal Trial

Disputing Parties

Prosecutor

The Accused

Third PartiesClerk of Justice

Judges


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Criminal Justice System

Police (Investigation)

Public Prosecutor(Prosecution)

Court (Trial)State Attorney (Execution)


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Parties in Civil Trial

Disputing Parties

Plaintiff

Defendant

Third Parties

Clerk of Justice

Judges


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Criminal Sanction

Death Penalty

ImprisonmentFine

Jail


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Civil Sanction

Compensation/Damages


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Criminal Wrong

Major Crime / Felony

Minor Crime /Misdemeanor


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Civil Wrong

Breach of Contract (wan

prestasi)Breach of Law

(onrechtmatige daad)


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Legal Maxims

Principle of Legality

Principle of Non Retroactiveness

Lex specialis derogat legi generali

Lex superior derogat legi inferiori

Lex posterior derogat legi priori


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Supreme Court

Authorities:

1.Last Stage Trial

2.Judicial Review against legislations

below the statute


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Judicial Commission

Reviewing the judicial

decision and observingjudges performance


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Constitutional Court

Authority

Settling disputes amongthe state institutions

Judicial Review againstStatute

introduction to indonesian legal system

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