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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]
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.
The adat law or adatrecht has been used by colonial governments as a legal term designating a prescriptive right, which was given currency as an independent legal entity apart from the canon law. Local indigenous laws and customs of all ethnic groups, including those of non-Muslims, began to be collectively termed as "adat" and were encoded ...
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.
JurisPedia (/ ˈ dʒ ʊər ɪ s ˌ p iː d i ə /) is a wiki-based online encyclopedia of academic law in many languages, [1] currently available in Arabic, Chinese, English, French, German, Spanish and Dutch. It was started in October 2004, inspired in part by Wikipedia and the Enciclopedia Libre (University of Seville).
The indigenous population was subject to their respective adat law and to indigenous regents and district courts, unless cases were escalated before Dutch judges. [82] [note 2] Following Indonesian independence, the Dutch legal system was adopted and gradually a national legal system based on Indonesian precepts of law and justice was ...
Terminology. The term 'ʿurf', meaning "to know", refers to the customs and practices of a given society.. History. ʿUrf was first recognized by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafī school, though it was considered part of the sunnah, and not as formal source.
Adat, as customary law is called in Indonesia, includes indigenous, pre-Islamic religious practices and social traditions in local customs. The Padri, like contemporaneous jihadists in the Sokoto Caliphate of West Africa, were Islamist purists who had made the hajj to Mecca and returned [ 2 ] inspired to bring the Qur'an and sharia to a ...