Law of Indonesia

Indonesia has many kinds of rules. Some rules come from long ago. These are old ways of living. Some rules come from far away. These came from lands like the Netherlands. Today, all these rules live together.

The most important rules are in a big book. This book is called the Constitution. It helps the leaders know what to do. It also protects the rights of the people.

Rules can be made for the whole land. Other rules are just for one small area. This helps local people live well. It is how the country stays fair.

Indonesia has many kinds of rules. These rules come from different places and times. Some rules are very old. They are called customary laws. These were the rules used by local kingdoms long ago. Today, different groups still follow their own traditions. For example, people in Aceh use sharia law. People in Sulawesi follow their own local ways.

Other rules came from the Netherlands. The Dutch stayed in Indonesia for a long time. Their laws are still used in some ways today. After Indonesia became free in 1945, it made new laws. Now, three types of rules live together. They are customary law, Dutch law, and modern Indonesian law.

The most important rule is the 1945 Constitution. It is the highest law in the land. It tells the leaders how to work. It also protects the rights of the people. The Constitution has changed over the years. Between 1999 and 2002, leaders made four big changes. One change lets the people vote for their president directly. This helps keep the country fair for everyone.

Indonesia has a very interesting way of making rules. These rules come from many different places and times. The legal system is a mix of three main things. First, there is customary law, which are traditional rules. Second, there is Dutch law from a long time ago. Third, there is modern Indonesian law made by the country today. All three of these types of rules live together in the country. This makes the legal system unique and very diverse.

Rules in Indonesia follow a specific order. This order is called a hierarchy. At the very top is the 1945 Constitution. This is the most important rule of all. Below the Constitution are resolutions from the People's Consultative Assembly. Next come Acts, which are laws made by the government. Then there are government regulations and presidential regulations. Finally, there are rules for provinces, cities, and regencies.

The history of these rules is quite long. Before the sixteenth century, local kingdoms ruled the islands. They used their own unwritten customary laws. Later, the Dutch stayed in Indonesia for over three hundred years. Their laws stayed even after Indonesia became independent in 1945. Since then, the country has worked to build its own modern laws. Some old Dutch rules are still used today. This is because of a rule called the concordance principle.

The 1945 Constitution has seen many changes. It was first written in 1945 during World War II. It was replaced a few times in the years that followed. President Sukarno brought it back in 1959. Later, the administration of Suharto lasted for 32 years. After Suharto left power in 1998, the rules changed again. Between 1999 and 2002, the assembly made four big amendments. These changes allowed people to vote for the president directly. They also limited how many terms a president can serve.

Making a new law is a big job for leaders. The People's Representative Council works with the president to do this. They talk about new ideas and make sure they work well. Sometimes the president must act very quickly in an emergency. In these cases, the president can issue a special rule called a Perppu. This rule is binding until the council can look at it. Once a law is finished, it is published in an official paper. This helps everyone know what the new rules are. This system helps keep the many islands of Indonesia organized.

The legal system of Indonesia is a complex structure of rules. It is a civil law system that mixes different traditions. It combines local customary law, Dutch law, and modern Indonesian law. This mixture creates a unique legal landscape. Customary law, often called Adat, consists of unwritten traditional rules. These rules are still observed by many people in Indonesian society today. Because Indonesia is an archipelago, different groups follow different customs. For example, people in Aceh observe sharia law. In contrast, the Toraja people in Sulawesi follow animistic customary law. This diversity shows how ancient traditions still exist alongside modern rules.

History has shaped these different layers of law over many centuries. Before the sixteenth century, indigenous kingdoms ruled the islands independently. These kingdoms used their own local customs to govern. Later, foreign influences arrived from India, China, and the Middle East. These influences changed local cultures and customary laws. Then, the Dutch presence lasted for over three hundred years of colonization. This period left a lasting legacy of Dutch law. Much of this is found in the Indonesian civil and criminal codes. Even today, some Dutch legal decisions hold authority through the concordance principle.

After Indonesia gained independence in 1945, it began building its own modern legal framework. The 1945 Constitution is the highest legal instrument in the nation. All branches of government, including the executive, legislative, and judicial branches, must follow it. The constitution was written in mid-1945 during the end of World War II. It faced many changes over the decades. It was replaced by different constitutions in 1949 and 1950. President Sukarno restored the 1945 Constitution in 1959. However, his administration saw many constitutional deviations.

The administration of Suharto lasted for 32 years. This era ended the practice of constitutional deviations used by Sukarno. Under Sukarno, the president could rule as President-for-Life. Suharto did not allow any changes to the constitution during his rule. In 1985, the People's Consultative Assembly required a national referendum for any amendments. This changed after Suharto fell from power in 1998. Between 1999 and 2002, the assembly passed four major amendments. These changes were very important for Indonesian democracy. They allowed for direct presidential elections by the people. They also limited the president to two terms of five years each.

Indonesia uses a strict hierarchy for its legislation. This hierarchy is defined by Article 7 of Law No. 12/2011. At the top sits the 1945 Constitution. Below it are the resolutions of the People's Consultative Assembly, known as Tap MPR. Next are Acts (UU) and Government Regulations in-lieu-of Acts (Perppu). Following these are Government Regulations (PP) and Presidential regulations (Perpres). The bottom levels include provincial, city, and regency regulations. In practice, other rules like ministerial regulations also exist. These can sometimes conflict with one another. Once a law is made, it is published in the State Gazette of the Republic of Indonesia. This ensures the public is informed about the new rules.

Creating an Act is a specific process involving the legislature and the president. The People's Representative Council (DPR) must work with the president to enact a law. The president, the DPR, or the Regional Representatives Council (DPD) can propose a bill. During drafting, the DPR forms task groups to discuss the bill with stakeholders. Once the DPR approves a bill, the president must sign it. If the president refuses to sign, the bill becomes law automatically after thirty days. The president can also issue a Perppu during emergencies. A Perppu is a regulation used when a legal vacuum exists or an emergency arises. However, the DPR must approve a Perppu during its next session.

Local governance also plays a major role in the legal system. Indonesia is currently divided into 38 provinces. Each province is led by a governor and has its own legislature (DPRD). Provinces are further divided into cities and regencies. Cities are led by mayors, while regencies are led by regents. These local governments issue ordinances, or Perda. Provincial ordinances hold a higher rank than city or regency ordinances. These local rules handle matters like regional autonomy and local situations. This structure allows the large nation to manage its many diverse regions effectively.