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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 ]
The 1945 State Constitution of the Republic of Indonesia (Indonesian: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, lit. 'Basic Law of State of the Republic of Indonesia Year 1945', commonly abbreviated as UUD 1945 or UUD '45) is the supreme law and basis for all laws of Indonesia.
The rule of law on this conception is the ideal of rule by an accurate public conception of individual rights. It does not distinguish, as the rule book conception does, between the rule of law and substantive justice; on the contrary it requires, as part of the ideal of law, that the rules in the book capture and enforce moral rights.
Thus, the Attorney General has been independent of the Minister of Justice since then. The transfer of the General Court (Peradilan Umum) and State Administration Court (Pengadilan Tata Usaha Negara) to the Supreme Court (Mahkamah Agung) was started in 1999 and finished on 31 March 1999. Thus, the Ministry has different responsibilities.
In 1946, Law No. 3, the first Indonesian nationality law was promulgated. It based nationality upon birth in the territory and required that a married woman have the same nationality as her husband. Wives were prohibited from individually obtaining nationality and derivative nationality for children was through their paternal relationship. [ 59 ]
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 on Indonesian lawmaking, the type of laws enacted by the government are hierarchically structured as: The 1945 Constitution (Undang-Undang Dasar Negara Republik Indonesia Tahun 1945)
The Criminal Code, also known in Indonesian as KUHP or in Dutch as Wetboek van Strafrecht, are laws and regulations that regulate criminal acts in Indonesia.The Criminal Code that is currently in force is the Criminal Code which originates from Dutch colonial law, namely Wetboek van Strafrecht voor Nederlands-Indië.
The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well. [3] The Parable of the Good Samaritan (Luke 10:25–37) is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer".