1. Indonesia Law System-1
Introduction

3. First, what is law?
• Collection of rules, principles, standards, concepts
to regulate human behavior.
• Some are general (Constitution); some are specific
(administrative rules)
• Some are concerned with rights and duties of
persons and institutions in relation to each other.
(Civil law)
• Some punish offences against the general public
interest (Criminal law)

4. Rule of Law
• Ensured by the Basic Law, Indonesian Constitution.
Some basic principles:
• Legality: observance of law (opposite of arbitrary power,
legal standards of conduct)
• Equality: everyone under the law
• Transparency: everyone knows about it (laws clear,
available, not retroactive)
• Impartiality: administered fairly w/o bias by independent
judges
• Contrast rule of law v. rule by law (can laws be
“unlawful”?)

5. So, what does that mean?
Rule of Law: guiding principle
What are components?
• Common Law
• Authority to enact own laws
• Compliance with international treaties
• Basic Law

6. What is a Constitution?
• CONSTITUTES the basic institutions of
government, distributes governmental
authority, defines the relationships
between them and their relationship with
citizens.
• Some are written like US, Indonesia,
Australia and Hong Kong. A few, U.K.,
have none.

7. What is Common Law?
• Since 15th century, reports of judgments handed
down by judges established legal principles
regulating the relationship between
state/citizen and citizen/citizen. Now,
hundreds of thousands of reported cases.
• Judge-interpreted law
• Precedents (must follow previous cases)
• Example : Before 1997, HK required to follow
British common law

8. Freedom of Expression
• What is it?
• Freedom of Expression?
• Freedom of Speech?
• Freedom of the Press?
• Freedom of Information?

9. Classical Arguments:
• Promotes discovery of truth
• Promotes political participation (by being
better informed)
• Maintains social stability (information
allows problems to be addressed quickly)
• Provides safety valve (more fulfillment)
• Provides crucial check on government

10. Freedom not absolute
Rights of community vs. rights of press:
• Media outlets licensed
• Court reporting restrictions
• Government information protected (Official
Secrets Ordinance)
• Criminal investigations (Prevention of Bribery
Ordinance)
• Obscenity laws

11. Unique of media
• Media play unique role
• Traditional watchdog role more significant
because of limited democracy
• History of partisanship in media
• One of Asia’s freest media environments
• Large, rambunctious press

12. Essential Need
• Essential needs of nations Indonesia : peace,
justice and welfare (benefits) are presented by
the system of rules that meet the three
conditions the existence of these laws becomes
very urgent at this moment, in the midst of a
transitional situation towards the new Indonesia.

13. • serenity, justice and welfare

14. • ketenteraman, keadilan serta
kesejahteraan

16. Law Sources
• Legal Resources Indonesia is anything
that has a normative nature which can
be used as a foothold for and or where
to obtain information about the legal
system in force in Indonesia.

17. Main Sources
• Indonesian Law Resources are: Pancasila, the
Constitution of 1945, the act, the Treaty /
Treaty, Doctrine / opinion of jurists.

18. Hukum Indonesia
• Hukum kepidanaan, hukum keperdataan, hukum
kenegaraan, hukum internasional, hukum agraria,
hukum dll.

19. • Legal penal law, civil law, state law, international
law, agrarian law, law etc.

20. Law Maker
• Assembly is authorized to determine and alter
the Constitution (according to Article 3,
paragraph 1945 {1}

21. Law Maker
• Parliament with the President have the authority
propose draft laws, discuss it for approval
together between the parliament and President,
and subsequently ratified by the President into
Law (article 5 paragraph {1} in conjunction with
Article 20 paragraph {1} {second} {3} {4}
1945)

22. Law Maker
• The President is authorized to determine the
Government Regulation in Lieu of Law (Perpu),
Government Regulation (PP), and Regulation of
the President (Presidential) as provided for in
Article 22 paragraph (1) in conjunction with
Article 4 paragraph (1) and Article 5 of the 1945
Constitution

23. Law Maker
• DPRD, PEMPROV, PEMKOT, PEMKAB 
PERDA

24. Customary law / Islamic law
• Indonesian is a country with a majority Muslim
population but Indonesia is not an Islamic State.
Although Islamic law does not become the joint
and the legal basis to order the life of society as
a whole but in particular legal question use of
Islamic law, which among other things: marriage
and inheritance;

25. Customary law / Islamic law
• Article 18B paragraph (1) of the 1945
Constitution explicitly states that "the state
recognizes and respects the community units
and their customary law along traditional rights
are still alive and in accordance with the
development of society and the principle of the
Unitary Republic of Indonesia

26. • Thank You