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Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. After the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [ 1 ]
Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile, or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples (jus gentium); hence, the Justinian Code's title Corpus Juris Civilis.
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [ 1] The science that studies law at the level of legal ...
Indonesian law is a continuation and improvement of the Dutch colonial laws, Islamic family laws, and aspects of Adat laws (unwritten, traditional rules still observed in the Indonesian society). The highest law of the land is the 1945 Constitution, amended four times from 1999 to 2002 during the early Reformasi period. Under the current rules ...
A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: a certain legal practice is observed and. the relevant actors consider it to be an opinion of law ...
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The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. [2] [3] It is sometimes stated simply as "no one is above the law". [4] The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to ...
The Civil Code of Indonesia ( Dutch: Burgerlijk Wetboek van Indonesië, BW), commonly known in Indonesian as Kitab Undang-Undang Hukum Perdata ( lit. 'Law Book of Civil Code', derived from Dutch), abbreviated as KUH Perdata ), are laws and regulations that form the basis of civil law in Indonesia. Civil law in Indonesia originates from ...