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The 1945 State Constitution of the Republic of Indonesia (Indonesian: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, commonly abbreviated as UUD 1945 or UUD '45) is the supreme law and basis for all laws of Indonesia.
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 ]
Before 1910, “Hukum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a civil law system that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two statutes to govern different parts of Indonesia.
Advocates for human rights have noted actions by the government of Indonesia as concerning. Although the country has had Komnas HAM, which enjoys a degree of independence from government and holds United Nations accreditation, the commission itself has little effect as it was not given any legal teeth against discriminatory practices committed by the government.
The Ministry of Law and Human Rights was established on 19 August 1945 as the Department of Justice (Departemen Kehakiman). [1]The preceding agency in the Dutch Colonial Era was Dutch: Departemen Van Justitie, based on Herdeland Yudie Staatblad No. 576.
In the Jakarta Charter, the existence of the phrase "with the obligation to carry out Islamic law for its adherents" (which became known as the "Seven Words"), recognizes Sharia law for Muslims, this greatly differs from the formulation of Pancasila which was put forward by Sukarno in his speech on 1 June 1945. The "Seven Words" itself was ...
In 1945, Indonesia declared independence and drafted a constitution which provided in Chapter X Article 27, "without any exception, all citizens shall have equal position in Law and Government". [56] Custom dictated that women and children were subordinated to men and in general women's roles in ethnic groups, families, and religious ...
The 1945 Constitution was restored by a Presidential Decree on 5 July 1959 to address the Konstituante failure to set the replacement of the 1950 Constitution. In the New Order regime, the authority committed to not to amend the constitution, as they perceived the constitution as final and stated its "sanctity" should be protected.