Types of Laws Applicable in Indonesia

INDONESIA- Article 1 paragraph 3 of the 1945 Constitution states, “The State of Indonesia is a state of law.” The sound in the law conveys that Indonesia is a state of law and that its citizens are required to observe it.

Law is a rule that applies in the form of punishments and norms to control the diverse rights and obligations of its residents so that they do not conflict. The goal of this law is to control people’s behavior while simultaneously achieving justice in society.
Every society has the right to legal representation. It means that everyone, regardless of background or status, has the same legal standing.

Indonesian Civil Law

The first types of law are Indonesian civil law. Civil law is also known as private law. Because this law is private or private, this law will regulate everything related to private citizens.

Examples of civil law in Indonesia include regulating the death and birth of a person, marriage and divorce, property, and inheritance to business entities.

In regulating civil law, a book called the Civil Code (KUHPer) was published. In it, there are 4 chapters which include:

  1. Chapter I describes individual law and family law.
  2. Chapter II explains the rights and obligations related to objects.
  3. Chapter III describes the agreement.
  4. Chapter IV describes the time limit and evidence.

Indonesian Criminal Law

The second kind of law is Indonesian criminal law. Criminal law is the opposite of civil law. One of the differences between criminal law and civil law is that criminal law is public.

This law deals with state regulations, public interest, and government activities, and also deals with criminal acts. There are 5 main types of criminal penalties and 3 additional criminal penalties including:

  1. Death penalty
  2. Imprisonment
  3. Confinement penalty
  4. Fine penalty
  5. Closure penalty
  6. Revocation of rights
  7. Confiscation of goods
  8. Announcement of judge’s decision

Constitutional law

The third kind of law is constitutional law. Constitutional law deals with rules or procedures that manage relations between state institutions.

There are 5 principles in constitutional law, namely:

  1. Pancasila Principle
  2. The principle of the rule of law
  3. The principle of the unitary state
  4. The principle of people’s sovereignty
  5. The principle of power-sharing

Indonesian Criminal Procedure Code

The fourth type of law is Indonesian criminal procedural law. Criminal procedural law is a procedure that regulates and implements criminal law in Indonesia. To know more about computers you can visit this site webimag

If there is a case involving a criminal act until the imposition of criminal law, it will regulate in the criminal procedure law.

This law contains procedures for implementation and how the criminal law is imposed by the authorized government agency.

Indonesian Civil Procedure Law

The fifth kind of law is Indonesian civil procedural law. Similar to Indonesian criminal procedural law, civil procedural law is a procedure that regulates and manages the implementation of civil law in Indonesia.

This law contains the following principles:

  1. The administration of the court must be independent and impartial to anyone.
  2. Judges play an active role in the trial from beginning to end.
  3. The trial was carried out simply, quickly, and cheaply.
  4. Civil court hearings must be open to the public.
  5. There is a legal representative if needed.
  6. Both parties in court must be heard fairly by the judge.

Indonesian Islamic Law

The sixth type of law is Indonesian Islamic law. This Islamic law only applies to followers of the Islamic religion. This law will regulate human behavior based on the Shari’a of Allah’s Revelation and the Sunnah of the Prophet.

This law applies in Indonesia because the majority of Indonesians are Muslim. There are 4 foundations in Islamic law including:

  1. Al-Quran (Islamic holy book)
  2. Hadith (everything based on the Messenger of Allah S.A.W)
  3. Ijma’ (agreement of the scholars)
  4. Qiyas (comparing something that is the same with something you want to know the law for)

Indonesian Customary Law

The seventh type of law is Indonesian customary law. Customary law is an unwritten rule that has existed since ancient times and is approved by the community in an area. This law is elastic and evolves with the times.

The emergence of customary law is influenced by elements of customary law such as religion, kingdom, to the entry of foreign nations into Indonesia. Generally, there is one traditional leader whose job is to lead and enforce justice in this customary law.

The existing systems in customary law include:

  1. State customary law. The law that regulates the composition of the people and government from the organization, the work environment to the positions.
  2. Citizen customary law. Laws that regulate the rights and obligations of citizens of an area such as inheritance law, land law, marriage law, debt law, etc.
  3. Criminal law. The law regulates various criminal acts to the public’s reaction to these actions.

Law Between Legal Orders

The following types of law are the law between legal systems, or it can be abbreviated as HATAH. This law regulates between groups that are under the auspices of different laws. Law between legal systems also studies the legal system in a country at a certain time.

Administrative Law of State Administration

The last kind of law is the administrative law of state administration. This law is also often referred to as state administrative law. This law is a public law that is under constitutional law. Administrative law of state administration itself is a procedure that regulates the daily activities of government institutions in Indonesia.

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