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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.
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.
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 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)
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
At the national level, there are three systems of law in operation in Indonesia: civil law, commercial law, and criminal law. Outside Aceh, the influence of Islamic law is limited to civil law in the areas of marriage, inheritance, and religious endowments (Indonesian: waqaf), and to commercial law in certain areas of Islamic banking and finance. [10]
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".