Legal Systems

Introduction to INDONESIAN LEGAL SYSTEM

M Endrio Susila SH (Undip) MCL (IIUM)

nCivil Law System nCommon Law System nIslamic Legal System nSocialis Legal System

Historical Background
nRoman Law nFrench Law nDutch Law nIndonesian Law

Definition of Law

Law is all rules which are enforceable upon the citizen.

Sources of Law
nLegislations nCustom nTreaty nDoctrine nPrecedent (Yurisprudensi)

Legislations
nStatute nGovernment Decree nMinisterial Decree nByelaw

Division of Law
n Public Law

Division of Law
n National Law

Criminal Law Administrative Law Constitutional Law n Private Law Civil Law

Law prevailing in a particular state n International Law Law governing the relationship among nations

Criminal Law
nCriminal law is law which

Criminal Law
n Substantive Criminal Law

deals with crimes (criminal act) nCriminology is science concerning to crimes

Determine acts which are punishable (criminal offense/delict) Determine the punihsment for criminal offenses n Criminal Procedure Regulate how the substantive criminal law to be implemented Dealing with the procedure of investigation, prosecution, trial, and execution

Administrative Law
n Law dealing with the administration

Constitutional Law

of state n Subject Matters; tax, state policy, administration of land, management of environment, n Important issues; Fries Ermessen, Deuternement of Pavoir

Dealing with the functions of state bodies and relationship among them

Civil Law
n Law governing private matter;

Civil Law
nSubstantive Civil Law nCivil Procedure

relationship between individuals. Familiy Law; Law of Marriage, Law of Inheritance Law of Property Law of Contract; Contract of Sale, Lease Contract, Contract of Invesment, etc

Judicative Power
nSupreme Court nCourt of Appeal nHigh Court/District Court
n General Court n Special Court

Courts

Pengadilan Agama Human Right Court Military Court Juvenile Court etc

Parties in Criminal Trial

n Disputing Parties

Criminal Justice System

nPolice (Investigation) nPublic Prosecutor

Prosecutor The Accused

n Third Parties

Clerk of Justice Judges

(Prosecution) nCourt (Trial) nState Attorney (Execution)

Parties in Civil Trial

n Disputing Parties

Criminal Sanction
nDeath Penalty nImprisonment nFine nJail

Plaintiff Defendant n Third Parties Clerk of Justice Judges

Civil Sanction
nCompensation/Damages

Criminal Wrong
nMajor Crime / Felony nMinor Crime /

Misdemeanor

Civil Wrong
nBreach of Contract (wan

Legal Maxims
n Principle of Legality n Principle of Non Retroactiveness n Lex specialis derogat legi generali n Lex superior derogat legi inferiori n Lex posterior derogat legi priori

prestasi) nBreach of Law (onrechtmatige daad)

Supreme Court
Authorities: 1.Last Stage Trial 2.Judicial Review against legislations below the statute

Judicial Commission
nReviewing the judicial

decision and observing judges performance

Costitution Court
nAuthority

Settling the dispute among the state institutions. Judicial Review against Statute