Search results
Results from the WOW.Com Content Network
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]
Subsequent thereto, to form a government of the state of Indonesia which protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the nation and to participate toward the establishment of a world order based on freedom, perpetual peace and social ...
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]
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
Implementasi Kekuasaan Kehakiman Republik Indonesia [The Implementation of Judicial Power in the Republic of Indonesia] (in Indonesian). Jakarta: Sinar Grafika. ISBN 979-8061-42-X. Indrayana, Denny (2008). Indonesian Constitutional Reform 1999-2002: An Evaluation of Constitution-Making in Transition. Jakarta: Kompas Book Publishing.
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance.. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the ...
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality.
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.