There are still many problems with the legal system in Indonesia. Many laws and regulations conflict with each other, and because the legal system (including the courts) sometimes does not function effectively, it can be difficult to resolve these conflicts. In addition, the rule of law in Indonesia is often undermined by widespread corruption within the country`s judiciary and law enforcement agencies. [8] www.indonesia.go.id/en/united-indonesia-cabinet/ministers/national-education.html This chapter provides an overview of Indonesian courts and their functioning, with the exception of the Constitutional Court, which is discussed in Chapter 5. It begins with a general discussion of key aspects of judicial decision-making, including the Indonesian version of the precedent system (yurisprudensi) and principles of legal interpretation, before examining the post-Suharto judicial reform, whose success has been mixed at best. The chapter then examines the relative jurisdiction of the various courts sitting below the Supreme Court in the judicial hierarchy – district, administrative, religious, human rights and military courts – before examining the courts of appeal and their procedures. This chapter also deals with the Supreme Court and its functions, including cassation, review of PK (a form of last appeal), judicial review, and oversight of other courts. The chapter concludes by examining the difficulties encountered in the enforcement of decisions of Indonesian courts and some problems arising from widespread judicial corruption. (b) Such conduct must be subject to a need for a jurisive opinion, i.e. a belief in society that such conduct is legally binding (“legal belief”). The legal condemnation may result from the substance and/or form of the custom. The ASEAN Charter entered into force on 15 December 2008. This is the basis for the realization of the ASEAN Community by providing the legal status and institutional framework of ASEAN.

It also codifies ASEAN norms, rules and values, sets clear objectives for ASEAN; and represents accountability and compliance. Detailed explanations of the Charter can be found in the following book: 2005)” in the www.aseanlawassociation.org/legal-indonesia.html This guide will help you explore the legal systems of the 10 Southeast Asian countries that make up the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), Philippines, Singapore, Thailand and Vietnam. Information on ASEAN and human rights can be found on the Southeast Asia page of our Human Rights Research Guide. Japan and Korea have also been added to this research guide. The entire legal system is severely underfunded in the public and private sectors, which provide many services to clients. At the beginning of 2015, it was reported that there was a serious shortage of judges, which particularly affected the work of the district courts (pengadilan negeri). It was reported that approximately 250 new judges were needed each year, but that no new judges had been appointed for four years. At the time, there were a total of about 8,300 judges in Indonesia, but about 1,000 additional judges were needed to clear the backlog. [9] Indonesian law is based on a civil law system mixed with customary law and Roman-Dutch law. Before Dutch colonization in the sixteenth century, the indigenous kingdoms ruled the archipelago independently with their own customary laws, known as Adat. [1] Foreign influences from India, China and Arabia influenced not only the culture, but also the usual Adat laws. Aceh in Sumatra, for example, adheres to its own Sharia law, while the Toraja ethnic group in Sulawesi still follows its animist customary law.

The 1945 Constitution is Indonesia`s highest legal authority, to which the executive, legislative and judicial branches must submit. The constitution was drafted in July and August 1945, when Indonesia escaped Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored after President Sukarno`s decree of 5 July 1959. In the 32 years of Suharto`s government, the constitution had never been amended. Suharto refused to approve amendments to the constitution, and the People`s Consultative Assembly passed a law in 1985 mandating a national referendum for constitutional amendments. The Dutch presence and subsequent occupation of Indonesia for 350 years left a legacy of Dutch colonial law, largely contained in the Indonesian Civil Code. After independence in 1945, Indonesia began to form its own modern Indonesian law, which it did not develop from scratch, but changed the rules of existing laws. Dutch judicial decisions retain a certain authority in Indonesia through the application of the concordance principle. The three components of adat or customary law; Dutch-Roman law; and modern Indonesian law coexist in current Indonesian law. The Indonesian government and professional lawyers in Indonesia are aware of these issues and are working over time to improve the system. [10] In the Indonesian judicial system, the Supreme Court (Mahkamah Agung) in Jakarta is the court of last resort; The high courts, which are located in large cities, hear appeals from district courts.

Judges of the Supreme Court are chosen by the President, who chooses from among the candidates of the Judicial Commission, a special body whose members are appointed by the House of Lords. The President of the Supreme Court and his deputies are chosen by the judges themselves from among the judges of the Supreme Court. Under the original 1945 constitution, the Supreme Court has no power of judicial review.