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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 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.
Under the Constitutional Court Law revision in 2020, justices are to hold their position for 15 years until they reach 70 years of age. In terms of the current justices, the law provides that they will retire when they have ended their 15-year term or they have reached the age of 70. [16] Currently, the sitting justices of the Court are as follow.
A custom is an unwritten law introduced by the continuous acts of the faithful with the consent of the legitimate legislator. Decree (Catholic canon law) - an order or law made by a superior authority for the direction of others. Dispensation (Catholic canon law) - the exemption from the immediate obligation of law in certain cases. Its object ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and ...
Through the 1947 Act on the Organization and Authority of the Supreme Court and the Attorney General's Office (Indonesian: Undang-Undang Nomor 7 Tahun 1947 tentang Susunan Organisasi dan Kekuasaan Mahkamah Agung dan Kejaksaan Agung), it reaffirmed the relation between the supreme court and the attorney general's office, which by this point were ...
Each state, therefore, produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the proper law. This is the law that seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. The term "proper ...