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A major problem for the court, like other parts of the legal system in Indonesia, is enforcement of decisions. The ability of the court system in Indonesia to have decisions enforced is sometimes quite weak and in recent years across Indonesia local officials have, in some cases, refused to abide by important decisions of the Constitutional Court.
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.
Indonesian court system is set on basic three-level courts: [2] first-level courts (Peradilan tingkat pertama) based in the municipalities (city or regency), where the courts in this level have original jurisdiction to hear cases, resolve disputes, and reach a verdict;
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]
If the House of Representatives approves them, their appointment is then confirmed by the president. As of mid 2011, there was a total of 804 courts of various kinds in Indonesia. [11] About 50 justices sat in the Supreme Court while other high and lower courts across Indonesia employed around 7,000 judges. [12]
According to historical records, a civil law called the Code Civil des Français was formed in 1804, in which most European referred to them as the Napoleon Code. [2] On 24 May 1806 the Netherlands became a French client state, styled the Kingdom of Holland under Napoleon's brother, Louis Bonaparte in which he was instructed by Napoleon to receive and enact the Napoleonic Code.
Jimly Asshiddiqie (2009), The Constitutional Law of Indonesia, Maxwell Asia, Singapore. Jimly Asshiddiqie (2005), Hukum Tata Negara dan Pilar-Pilar Demokrasi (Constitutional Law and the Pillars of Democracy), Konpres, Jakarta, ISBN 979-99139-0-X. Kahin, George McTurnan (1952). Nationalism and revolution in Indonesia. Ithaca: Cornell University ...
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.