The Indonesian legal system.
Indonesia's complex legal system is based on 3 distinct systems that reflect Indonesia's history and culture. Customary law (adat law) is the law that prevailed in local kingdoms prior to Dutch occupation and colonisation during the late 16th and early 17th century. Dutch colonial law was prevalent for the next 350 years until Indonesia declared indpendence on the 17th of August 1945. Following independence Indonesia began creating its own laws (self determination), and a national legal system based on Indonesian principles of justice and law referred to as national law.
These three distinct aspects of Indonesian law exist together to form the modern Indonesian legal system, with national law and Dutch colonial law being the most dominant. For example, Indonesia's commercial law is based on the commercial code of 1847- a link to the Dutch colonial laws. This commercial law, however, is further shaped by national laws such as company law 1995 and the anti-monopoly law of 1999. Adat law is less obvious in the modern Indonesian legal system but involves elements such as "consensus through decision making".
The court system in Indonesia, unlike Australia, is not an adversarial system based on common law and the application of legal precedents to solve a legal dispute, but rather an inquisitorial system similar to those that are used in parts of Europe (namely, France) and Latin America. In an Inquisitorial system the court plays a more active role in the fact finding inquiry by actively questioning witnesses (this does not occur in adversarial systems where the judge is an impartial 3rd party who acts as a referee in the legal contest to make sure the law is being applied). In an inquisitorial system the rules of admissibility of evidence may also allow the judge to act more like an enquirer than an arbiter of justice.
Like Australia, however, Indonesia does have a hierarchy of courts and systems of appeals. Most legal disputes in Indonesia appear before the State Court (Pengadilan Negeri), of which there are over 250 throughout the archipelago; each with its own jurisdiction based on geographic area. Appeals from the State Courts generally go to the High Court (Pengadilan Tinggi) as a district court of appeal. There are around 20 High Courts in Indonesia. The Supreme Court located in Jakarta is the superior court in the Indonesian Court hierarchy; it hears appeals from the High Court and in some instances the State Court, as well as conduct reviews into previous cases when, for instance, new evidence has been discovered. Other courts, such as the Commercial Court have been established to cover bankruptcy and insolvency applications. Its jurisdiction can also be extended to other commercial matters. Appeals from the Commercial Court proceed direct to the Supreme Court. In 2001, a Constitutional Court was established to hear cases involving the constitutionality of particular legislation, the results of a general election, and actions to dismiss a President from office.
These three distinct aspects of Indonesian law exist together to form the modern Indonesian legal system, with national law and Dutch colonial law being the most dominant. For example, Indonesia's commercial law is based on the commercial code of 1847- a link to the Dutch colonial laws. This commercial law, however, is further shaped by national laws such as company law 1995 and the anti-monopoly law of 1999. Adat law is less obvious in the modern Indonesian legal system but involves elements such as "consensus through decision making".
The court system in Indonesia, unlike Australia, is not an adversarial system based on common law and the application of legal precedents to solve a legal dispute, but rather an inquisitorial system similar to those that are used in parts of Europe (namely, France) and Latin America. In an Inquisitorial system the court plays a more active role in the fact finding inquiry by actively questioning witnesses (this does not occur in adversarial systems where the judge is an impartial 3rd party who acts as a referee in the legal contest to make sure the law is being applied). In an inquisitorial system the rules of admissibility of evidence may also allow the judge to act more like an enquirer than an arbiter of justice.
Like Australia, however, Indonesia does have a hierarchy of courts and systems of appeals. Most legal disputes in Indonesia appear before the State Court (Pengadilan Negeri), of which there are over 250 throughout the archipelago; each with its own jurisdiction based on geographic area. Appeals from the State Courts generally go to the High Court (Pengadilan Tinggi) as a district court of appeal. There are around 20 High Courts in Indonesia. The Supreme Court located in Jakarta is the superior court in the Indonesian Court hierarchy; it hears appeals from the High Court and in some instances the State Court, as well as conduct reviews into previous cases when, for instance, new evidence has been discovered. Other courts, such as the Commercial Court have been established to cover bankruptcy and insolvency applications. Its jurisdiction can also be extended to other commercial matters. Appeals from the Commercial Court proceed direct to the Supreme Court. In 2001, a Constitutional Court was established to hear cases involving the constitutionality of particular legislation, the results of a general election, and actions to dismiss a President from office.