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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]
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.
In 2001–2004, this ministry was known as the Department of Law and Legislation (Departemen Hukum dan Perundang-undangan). From 2004–2009, this ministry was known as the Department of Law and Human Rights (Departemen Hukum dan Hak Asasi Manusia).
Jimly Asshiddiqie (2005), Konstitusi dan Konstitutionalisme Indonesia (Indonesia Constitution and Constitutionalism), MKRI, Jakarta. Jimly Asshiddiqie (1994), Gagasan Kedaulatan Rakyat dalam Konstitusi dan Pelaksanaannya di Indonesia (The Idea of People's Sovereignty in the Constitution), Ichtiar Baru - van Hoeve, Jakarta, ISBN 979-8276-69-8.
The 1949 Federal Constitution of the United States of Indonesia (Indonesian: Konstitusi Republik Indonesia Serikat, lit. ' Constitution of the Republic of the United States of Indonesia ') replaced the 1945 Constitution of Indonesia when sovereignty was officially transferred from the Netherlands to Indonesia following the Dutch-Indonesian Round Table Conference.
Hak Asasi Manusia dalam Konstitusi Indonesia: Dari UUD 1945 sampai dengan Perubahan UUD 1945 Tahun 2002 (2nd ed.). Jakarta: Kencana. ISBN 9786021186657. Mahfud MD, Mohammad (2000). Demokrasi dan Konstitusi di Indonesia: Studi tentang Interaksi Politik dan Kehidupan Ketatanegaraan. Jakarta: Rineka Cipta. ISBN 9794991562. Purbopranoto, Kuntjoro ...
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.
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.