489617400-ENG-PPT-Indonesian-Legal-Sistem.pdf

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1. INDONESIAn
LEGAL
SYSTEM
Dr. Suratman
Law Faculty
Universitas Islam Malang
2020

2. Dr. H. Suratman S.H., M.Hum
Dean of Law Faculty
UniversitasIslam Malang
Email: [email protected]
HP; ([phone]

3. THE SYSTEM
System is a unit which
consists of several
components that are
connected with each
other to achieve
purpose.
SISTEM HUKUM
Legal system is a unit
which consists of
several components
that are connected
with each other to
achieve legal purpose
such as peace and
public order

4. ●Legal system is a legal order
consist of several legal sub
systems that have different
functions from the others
●to achieve same purpose, such
as to establish safety, order and
legal justice
LEGAL SYSTEM

5. COMMON
LAW
SYSTEM
(ANGLO
SAXON)
•legal system
based on court
decisions as
source of law
CIVIL LAW
SYSTEM
(EUROPE
CONTINEN
T)
•legal system
based on the act
codification as its
main legal source
LEGAL SYSTEM

6. COMMON
LAW
SYSTEM
(ANGLO
SAXON)
•jurisprudence as the main legal
source
•subscribe stare decicis
doctrine/precedent system (the law's
bound to subscribe the pre-decision)
•adversary system in the judicial
process (the disputing parties use
lawyer dealing with the judge
CIVIL LAW
(EROPA
KONTINEN
TAL)
•It is a codification system
•judge are not bound by precedent or
stare decicisdoctrine so that the act
becomes the main reference
•the court system is inquisitorial (the
judge plays a role in decide the cases
CHARACTERISTIC

7. Indonesian Legal
System
●The legal system in Indonesia adhere
the Europe Continental legal system or
Civil Law system
●this can be seen from the history and
law politics, the legal source and the
law enforcement system
●The legal system is developed in
European countries, such as
Netherlands, France, Italy, and
Germanny

8. Indonesia’s Positive
Legal System
The positive legal system in Indonesia consist
of several legal components, such as:
●written law created by the competent
institution
●law created by the court
●unwritten law created by custom
(customary law and norms)

9. LEGAL POLITICS
●Legal politics to enact laws on
period before independence, listed
in article II of the transitional rules.
●The purpose is to avoid vacuum of
norm

10. Private Law
•Reconciliation
•Court (filed a lawsuit)
Criminal Law
•Ordinary Crime problem solving
without having to wait on the victim’s
side
•Complaint crime problem solving
need a complaint from the victim
LAW ENFORCEMENT SYSTEM

11. COURTS
Judicial power in Indonesia conducted
by Supreme court and other court
beneath it [Art 24 (2) of UUD 1945],
which are:
1.General court
2.Religion court
3.Military court
4.Administrative court

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