626600980-PPT-Inggris-Introduction-Indonesia-Legal-System.pptx

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1. Legal System In Indonesia FAKULTAS HUKUM UNIVERSITAS KRISNADWIPAYANA 1.AINUN NAFISAH(2133001105) 2.ANNISA AZZAHRA (2133001095) 3.ARIANDO JUAN RAWSEN (2133001083) 4.INDRA RESTOE RABBANI (2133001155) 5 ABI KARAMI ( 2033001176)

2. The purpose of studying Introduction Indonesian Legal System Introduction Indonesian Legal System is a subject with the object of current law in Indonesia, or a course with the object of positive law in Indonesia. The purpose of studying law in Indonesia is to know about: I hope the purpose of writing this paper is to add insight to the author and readers of the legal system in Indonesia, and also about the history of the legal system adopted in Indonesian. Purpose

3. Legal System Definision 01. Legal system indonesia 02. The Emergence of Law In Indonesia 03. Civil Law System 04. Discussion Topic

4. Legal System If we interpret the term legal system, it does not mean combining the meaning of the system and the meaning of the law directly. The term legal system contains a specific meaning in legal science, the explanation of which can be described as follows:

5. legal system definition According to JH. Merryman in his book “The Civil Law Tradition” : an introduction to the legal system of Western Europe and Latin America, page 1 says: legal system is an operating set of legal institutions, procedures, and rules.

6. According to Friedman, the legal system is a system that includes the substance, structure, and legal culture, with the following details: The legal structure is the institutionalization of legal entities. An example is the court's power structure (in Indonesia) which consists of the first level court, the Court of Appeal, and the Court of Cassation, the number of judges and the integrated justice system. In addition, there are also known General Courts, Religious Courts, Military Courts, State Administrative Courts, and Tax Courts. Furthermore, Friedman asserts that the law has the first elements of the legal system, including the legal structure, institutional order, and institutional performance. 1. Legal Structure

7. 2. Legal System Meanwhile what is meant by legal substance is a rule or norm which is a pattern of human behavior in a society that is in the legal system. For example:Drivers exceeding the speed limit will be fined.A person who buys goods must submit a certain amount of money to the seller of the goods.In Indonesia, there are material laws (civil law, constitutional law, criminal law, administrative law), and formal law (civil procedural law, criminal procedural law, and other procedural laws). 3. Legal Culture Legal culture is the attitudes and values associated with common behavior related to law and its institutions.

8. The Emergence of Law In Indonesia

9. Law in Indonesia is a mixture of the European legal system, religious law and customary law. Most of the systems adopted, both civil and criminal, are based on continental European law, especially from the Netherlands because of aspects of Indonesia's past history which was a colony known as the Dutch East Indies ( Nederlandsch -Indie). Religious Law, because most Indonesians adhere to Islam, the dominance of law or Islamic Shari'a is more, especially in the fields of marriage, kinship and inheritance. In addition, in Indonesia also applies the customary law system that is absorbed in legislation or jurisprudence, which is a continuation of local rules from the people and cultures that exist in the archipelago.

10. Timeline Colonialism Period a . VOC period b. Dutch liberal period c. The Period of Ethical Politics Until Japanese Colonialism 1854 1602 1942

11. Colonialism Period A. VOC period During the VOC occupation, the legal system applied was aimed at: 1) The interests of economic exploitation in order to overcome the economic crisis in the Netherlands; 2) Discipline the indigenous people in an authoritarian way; and 3) Protection of VOC employees, their relatives and European immigrants. Dutch law applies to Dutch or European people. As for the natives, what applies are the laws formed by each community independently. Governance and politics at that time had marginalized the basic rights of the people in the archipelago and caused deep suffering to the indigenous people at that time. b. Dutch liberal period B. Dutch liberal period In 1854 in the Dutch East Indies, Regeringsreglement (hereinafter referred to as RR 1854) or Regulations on Governance (in the Dutch East Indies) was issued whose main purpose was to protect the interests of private businesses in the colonized country and for the first time to regulate legal protection for indigenous people from arbitrariness. colonial government. This can be found in the ( Regeringsreglement ) RR 1854 which regulates restrictions on the executive (especially the Resident) and the police, and guarantees an independent judicial process.

12. The autocraticism of the colonial administration still persisted in this period, although it was no longer as violent as before. However, the legal reforms based on the politics of economic liberalization did not improve the welfare of the natives, because exploitation continued, only the subject of exploitation changed, from exploitation by the state to exploitation by private capital. C. The Period of Ethical Politics Until Japanese Colonialism The Ethical Policy Policy was issued at the beginning of the 20th century. Among the early policies of ethical politics that were directly related to legal reform are: 1.Education for indigenous children, including further legal education 2. The formation of the Volksraad , a representative body for indigenous people 3. Structuring government organizations, especially in terms of efficiency 4. Structuring the judiciary, especially in terms of professionalism 5. The establishment of laws and regulations that are oriented towards legal certainty.

13. Until the collapse of colonial power, legal reform in the Dutch East Indies left: Dualism/pluralism of private law and dualism/pluralism of judicial institutions Classification of people into three groups; European and equivalent, Foreign East, Chinese and Non-Chinese, and Indigenous.

14. During the Japanese occupation, there were not many legal reforms, all laws and regulations that did not conflict with Japanese military regulations, remained in effect while eliminating the privileges of the Dutch and other Europeans. Some of the legislative changes that occurred: The Civil Code, which was originally only applicable to Europeans and their equals, was also applied to Chinese people Several military regulations are included in the applicable criminal legislation.

15. Legal system indonesia The Indonesian legal system is a system that applies in Indonesia as a legal resources for courts, judges, to formulate decisions, and also at the same time includes the values or ideals that underlie it. Everynation has its own legal system, along with the value system that underlies it,including Indonesia ( Titon Slamet , 2009: 19). Adequate understanding ofsources or materials originating from legal sources in Indonesiais a concrete component of the legal structure or building of the legal systemIndonesia , which includes laws and regulations, court decisions,customs , as well as other non-positive rules, that every legal issue must beresolved within the framework of the applicable legal system, or with reference to that source ( Titon Slamet , 2009: 42-43).

16. The Indonesian legal system isthe formal structure of the applicable legal rules and the underlying principles, which in turn is based on the Constitution of the Unitary State of the Republic of Indonesia and inspired by the Pancasila philosophy. Indonesian positive law elements (system of rules) includes 02. The law or legislation along with the principles related to it. 01. Customs and or customs that have been accepted as law 03. Court decisions that have permanent legal force ( inkracht van gewisjde ). 04. International treaties or agreements.

17. Pancasila legal system The Pancasila legal system by Ismail Saleh as a national legal system that born from the ideals of the law and the basic norms of the Republic of Indonesia containing harmony, harmony, and balance between the interests of each people, society, and the state which in its implementation requires an attitude self-control as a whole, consisting of four main components, namely ( Solly Lubis,2009: 5):

18. 1. Legal instruments, contained in various forms of legislation according to a predetermined order, and contains legal material needed to run the government. 2. Legal institutions, a forum as well as a vehicle for implementing various legal instruments that have been established, as well as regulated processes and procedures within a network, and institutional coordination links the law, including harmonious cooperation in government. 3. Legal apparatus, as implementers, enforcers and controllers of various established legal instruments. 4. Legal culture, a work ethic and moral attitude that must be demonstrated by the legal apparatus .

19. The National Legal Development Agency, as followed by Satya Arinanto , provides an understanding of the legal system with the following elements (Ade Maman Suherman , 2004: 14-15): a. Legal planning. b. Establishment of law. c. Legal research. d. Legal development. 1. Legal material (legal order) which consists of: 3. Legal facilities and infrastructure of a physical nature. 2. Legal apparatus are those who have duties and functions counseling, application, enforcement, and legal services. 4. Legal culture of the community and officials. 5. Legal education.

20. Law in Indonesia has basically undergone significant changes basic from the start. Starting from the independence of the Indonesian nation with the enactment of the 1945 Constitution (UUD 1945), until the amendments The 1945 Constitution after the reform in 1998, which has undergone changes 4 (four) times from the first amendment in the MPR Annual Session in 1999 , second amendment in the 2000 MPR Annual Session, third amendment in the 2001 MPR Annual Session, and the fourth amendment in the Session Annual MPR 2002. Amendments to the 1945 Constitution made the legal system in Indonesia also underwent changes, which were different at the time it was enacted after the independent .

21. The text of the 1945 Constitution of the Republic of Indonesia enacted on August 18, 1945, and re-enacted by Decree President on 5 July 1959, and confirmed by acclamation on 22 July 1959 by the House of Representatives as stated in the Gazette State Number 75 of 1959.

22. Civil Law System Civil law is a translation of civil law, which is a legal system that born during the Byzantine Empire with its emperor Justinian (527-565) who is a combination of the four sections of Roman Law, which have been prepared since 528 to 534 AD, with the name corpus juris civilis , namely: 1 . Codes. 2. Digest (pandects). 3. Institutes. 4. Novels.

23. Civil law is a legal tradition originating from Roman Law which codified in Justinian's Corpus Juris Civilis spread throughout Europe and world. This legal tradition is systematic, structured, based on the declarations of the councils, general principles and often avoid details, and are divided (Ade Maman Suherman , 2004: 57): 1. Codified Roman law (French civil code 1804). 2. Uncodified Roman law. The spread of civil law to various parts of the world occurs through nations Europe in the era of colonization with the initial goal of trade and commerce, which eventually colonized and entered their legal system into each of their colonies, for example the Netherlands in the Dutch East Indies era until after the independence of Indonesia through Article II Transitional Rules in the 1945 Constitution of the legal system originating from The Netherlands is still in effect.

24. Conclusion Law began to exist in Indonesia since the Dutch began to colonize Indonesia where the Dutch used the continental European legal system in regulating society, this made our country adhere to the system of government until now with several changes in order to keep up with the development of society. The Indonesian legal system is a formal structure of applicable legal principles and the underlying principles, which in turn are based on the Constitution of the Unitary State of the Republic of Indonesia and are imbued with the Pancasila philosophy. Indonesia adheres to a civil law legal system in which case decisions or court decisions must be in accordance with the law as described in the discussion above

25. Thanks Please keep this slide for attribution Do you have any questions? FAKULTAS HUKUM UNIVERSITAS KRISNADWIPAYANA