Legal Indonesia
The law in Indonesia is a mixture of the legal system of European law, religious laws and customary laws. Most of the systems adopted, both civil and criminal, based on continental European law, especially from the Netherlands because of aspects of past history of Indonesia which is the colonies as the Dutch East Indies (Nederlandsch-Indie). Religious law, because most of Indonesian people to Islam, then the domination of Islamic Sharia law, or more particularly in the areas of marriage, kinship and inheritance. In addition, Indonesia also applies Indigenous legal system, which is a continuation of the local rules of society and cultures that exist in the archipelago.
Indonesia civil law
One area of the law governing the rights and obligations held on the subject of law and the relationship between legal subjects. Civil law is also called private law or civil law as opposed to public law. If public law regulate matters relating to state and public interests (such as politics and the election (constitutional law), activities of daily administration (administrative law or administrative), crime (criminal law), then the civil law governing relations between residents or citizens of everyday life, such as maturity, marriage, divorce, death, inheritance, property, business activities and actions that are more civil.
There are several legal systems prevailing in the world and the differences in legal systems also affect the field of civil law, among other Anglo-Saxon legal system (ie the legal system in force in the United Kingdom and Commonwealth countries or countries affected by the British, for example the United States), continental European legal systems, legal systems communist, the Islamic legal system and other legal systems. Civil law in Indonesia is based on civil law in the Netherlands, especially the Dutch civil law in the colonial period.
Even the Book of Civil Law Act (known KUHPer.) Applicable in Indonesia is nothing but the translation is less precise than Burgerlijk Wetboek (or known as BW) prevailing in the kingdom of the Netherlands and applied in Indonesia (and the colonies of the Netherlands) based on the principle of concordance . For Indonesia, which was then still called the Dutch East Indies, BW imposed from 1859. Dutch civil law itself adapted from the civil law in force in France with some adjustments. Book of laws of civil law (abbreviated KUHPer) consists of four parts, namely:
* Book I of the People; laws governing personal and family law, the law governing the status and the rights and obligations held by legal subjects. Among other provisions regarding the emergence of a person's civil rights, birth, maturity, marriage, family, divorce and loss of civil rights. Especially for the marriage, some provisions have been declared invalid by the undangkannya Act No. 1 of 1974 concerning marriage. * Book II of the material; governing body of law, the law governing the rights and liabilities owned legal subjects relating to objects, among other material rights, inheritance and insurance. The meaning of objects include (i) the tangible objects that are not moving (eg land, buildings and ships with a certain weight), (ii) tangible objects that move, ie other than tangible objects which are considered as tangible objects do not move, and (iii) intangible goods (such as rights of receivable or accounts receivable). Special to the ground, some provisions have been declared invalid by the undangkannya Act number 5 of 1960 concerning agrarian. Similarly, the section on underwriting by mortgage, has been declared invalid by the undangkannya Law on mortgage. * Book III of the agreement; governing law of the engagement (or sometimes also called the agreement (although this term actually means has a different meaning)), the law governing the rights and obligations between subjects of law in the areas of engagement, including what types of engagement (consisting of engagements arising from the (fixed) legislation and the agreement arising from the agreement), the terms and procedure for making an agreement. Especially for the field of trade, the Book of the laws of commerce (Commercial code) is also used as a reference. Contents KUHD KUHPer closely related, especially Book III. It could be said KUHD is a special part of KUHPer. * Book IV of the expiry date and proof; regulate the rights and obligations of legal subjects (particularly the limits or deadlines) in the use of their rights in civil law and matters relating to evidence.
Systematics that exist in the Criminal Code continues to be used as a reference by lawyers and are still taught on the faculties of law in Indonesia.
Indonesia criminal law
Based on its content, the law can be divided into two, namely the private law and public law (CST Kansil.) Private law is the law regulating the relationship to individual persons, while public law is the law regulating the relationship between state and citizens. Criminal law is part of public law. Criminal law is divided into two parts, namely criminal law material and formal criminal law. Substantive criminal law governing the determination of crime, criminals, and criminal law (sanctions). In Indonesia, substantive criminal law arrangements set out in the book of criminal law (Criminal Code). Formal criminal law regulating the implementation of substantive criminal law. In Indonesia, setting a formal penal code was ratified by Law No. 8 of 1981 on criminal procedure (Criminal Procedure).
Constitutional law
Constitutional law is the law governing the state, which include base establishment, institutional structure, the establishment of state institutions, legal relations (rights and obligations) among state institutions, regions and citizens.
Administrative law (administrative) state
Saha legal procedures (administrative) are state laws that regulate the activities of state administration. That is the law governing the implementation of the government's procedures in carrying out their duties. administarasi state law has similarities with the administrative law negara.kesamaanya lies in government policy, whereas in terms of differences in constitutional law refers more to the functioning of the constitutional / legal basis used by a country in terms of setting government policy, to the law of the state administration
Indonesian civil procedural law
Indonesian civil procedural law is the law governing procedures for proceedings (litigants in the judiciary) in the sphere of civil law.
Indonesia's criminal procedure code
Indonesia criminal law is the law governing procedures for proceedings (litigants in the judiciary) in the scope of criminal law. Penal procedure of Indonesia regulated in Law No. 8 of 1981.
The principle in criminal procedural law
The principle in criminal procedural law in Indonesia are:
* Principle written order, ie any legal action can only be done by written order of the competent authority in accordance with the Act. * The principle of justice fast, simple, low cost, fair and impartial, a series of criminal justice process (from investigation to verdict) done quick, concise, honest, and fair elections (Article 50 Criminal Code). * The principle of obtaining legal aid, that everyone has a chance, even mandatory to obtain legal aid to defend against him (Article 54 Criminal Code). * The principle of open, namely the examination of criminal acts carried out openly to the public (Article 64 Criminal Code). * The principle of proof, that the suspect / defendant is not burdened with the obligation of proof (Article 66 Criminal Code), except as otherwise provided by law.
Law between the rule of law
Law between the rule of law is the law governing the relationship between two parties or more are subject to different legal provisions.
Customary law in Indonesia
Main article: Customary Law in Indonesia
Customary law is a set of customary norms and rules prevailing in a region.
Islamic law in Indonesia
Islamic law in Indonesia can not be enforced as a whole, because it would conflict with the laws prevailing in Indonesia itself. Islamic law derived from the Koran, while the law in Indonesia comes from the Pancasila and 1945 Constitution. In Islamic law, adultery sentenced to stoning, while in Indonesia adultery his punishment is prison, so in Islamic law knows no prison, because in jail there is no remission of sins instead of punishment in the hereafter. Where in the world of the guilty have been punished according to Islamic law, then the next person is no longer processed, because it has been processed in accordance with the provisions contained in his book, the Qur'an.
In the Qur'an letters 5:44, Those who decide not something with which Allah sent down, then including those who disbelieve. "Likewise in verse 45, and 47. So, Muslims must uphold the Islamic sharia law as a whole, because God has commanded His entry to the Islamic Ummah as a whole (Sura 2:208).
Law term
Lawyer
Since the enactment of Law Number 18 of 2003 concerning lawyers, the designation for those people who are providing legal assistance in private - which originally consisted of various names, such as advocates, lawyers, legal consultants, legal advisers - are advocates.
Advocates and lawyers
The second term is actually meaningless, although there are some who express different opinions. Before the enactment of Law Number 18 of 2003, the term for the defenders of justice a black plate is very diverse, ranging from the term attorney, attorneys, legal consultants, advocates and others. Lawyer in accordance with the words literally can be interpreted as a procedural, which means individuals, whether incorporated in an office jointly or individually who runs the law enforcement profession as a black plate on the court. While advocates can move in the courts, nor act as a consultant in legal matters, both civil and criminal. Since the enactment of Law Number 18 of 2003, then the terms are standardized to advocate it.
Formerly that distinguishes both the Advocate is someone who holds the permit was "event" at the Court based on the Decree of the Minister of Justice as well as having the region to "proceedings" in the entire territory of the Republic of Indonesia, while Attorney Practice is a person who holds a license to practice / litigation based on the Decree of the High Court Where local beracaranya region is "only" region of the High Court which issued the license to practice. After Law no. 18 th 2003 applies then the authority to appoint someone to be an Advocate is an Advocate.
Legal consultant
Legal counsel in English or counselor at law or legal consultant is a person who is providing legal services in the form of consultations, the legal system in force in their respective countries. For in Indonesia, since the Law Number 18 of 2003 applies, all terms of legal consultants, lawyers, legal advisors and others within the scope of the provision of legal services has been standardized to be advocates.
Prosecutors and police
Two public institutions that play an active role in enforcing public law in Indonesia is the prosecutor and the police. Police or the police role is to receive, investigate, investigating a crime that occurred within the scope of its territory. If found the elements of a crime, either specific or general, or specific, then the perpetrator (suspect) will be questioned, and if need be retained. In the period of detention, the suspect will be asked to testimony about the alleged crime occurred. In addition to the suspect, the police are also examining witnesses and evidences are closely related to the alleged crime. Such information gathered in the investigation report (BAP) which, when expressed P21 or complete, will be sent to the prosecutor's office to prepare for the trial in court. Attorney will perform the function of checking the BAP and analysis of evidence and witnesses to prosecute. If the prosecutor argued that the lack of supporting evidence or witnesses, the prosecution will return the file to the police, to be completed. Once complete, the prosecutor will conduct the prosecution case. At this stage, the perpetrator (suspect) has changed the status of a defendant, who will be tried in court. If the decision had been dropped, then the status changed to convict the defendant. Posted by Admin at 10:14 AM Labels: Law
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