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Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law.Before European 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]
Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law. [3] [4] After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding adversarial features to the criminal procedure.
Adat muhakamah (عادت محكمة) – the term refers to traditional laws, commandments, and orders compiled into legal codes by rulers to maintain social order and harmony. The adat laws, often blended together with Islamic laws, were the main written legal reference for Malay societies since the classical era and commonly referred to as kanun.
During his life, he was Adat's greatest champion and is still revered by many of the older generations in Indonesia. “The Man for Adat Law”, as he was called, died in Leiden in 1933. The Van Vollenhoven Institute for Law, Governance, and Society, part of the Leiden Law School , is named after Cornelis van Vollenhoven.
A copy of Undang-Undang Melaka displayed in the Royal Museum, Kuala Lumpur.. Undang-Undang Melaka (Malay for 'Law of Melaka', Jawi: اوندڠ٢ ملاک ), also known as Hukum Kanun Melaka, Undang-Undang Darat Melaka and Risalah Hukum Kanun, [1] was the legal code of Melaka Sultanate (1400–1511).
The ruling chiefs are selected among the nobility in each luak (district), following matrilineal inheritance, part of the state's adat perpatih customs.. The Undang of Sungai Ujong is chosen among the Waris Klana di-Hulu and Waris Klana di-Hilir families of the noble House of Waris Klana and inherits the title Dato' Klana Petra.
A member of the Marapu religion, joining forces with representatives of three other indigenous religions, brought a court case to Indonesia's Constitutional court, arguing that the civil rights of Marapu followers suffered because they had not been recognized as one of Indonesia's six official religions (Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism).
Chthonic law is a legal tradition centered on the sacred character of the cosmos.According to Professor H. Patrick Glenn, the Chthonic legal tradition emerged through experience, orality and memory, is the "oldest of all traditions" [1] and can be understood as the law of a culture or tribe. [2]