The Indonesian courts use a non-adversarial, inquisitorial system that gives the judge a central position to actively assess the facts presented at court hearing, relevant law, and judgment.
What legal system does Indonesia use?
In the current Indonesian law the hierarchy of legal norms is regulated in Ketetapan MPR No. III Tahun 2000 tentang Sumber Hukum dan Tata Urutan Peraturan Perundang-Undangan (MPR Decree of 2000 on The Source of Law and Hierarchy of Laws).
Is Indonesia a civil law system or a common law system?
The Indonesian legal system is a Civil Law system rather than a Common Law system (The Common Law System is found chiefly in Australia, England, America and other former British colonies).
What is the criminal justice system of Indonesia?
The Public Prosecution Service of Indonesia is the only agency that has state powers to prosecute offenders. As such, there is no private prosecution in the Indonesian criminal justice system. … The prosecutor only personally investigates cases when there are special crimes, such as corruption.
What countries use the adversarial system?
Common law system countries, such as Australia and United Kingdom, use an adversarial system to resolve disputes.
Why Indonesia is a civil law country?
Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. … Following the independence in 1945, Indonesia began to form its own modern Indonesian law, not developing it from scratch, but modifying precepts of existing laws.
Who makes the rules in Indonesia?
The Indonesian House of Representatives has the power to make laws. Every bill is deliberated by the House, together with the President, for a joint approval. The bills may come from the House, the President, or the Regional Representative Council (DPD).
What is illegal in Bali?
Bali’s drug laws are very strict and should not be trifled with. Indonesian Law No. 35/2009 lays down harsh penalties for drug users caught with Group 1 drugs like marijuana, heroin, and cocaine. You can get life imprisonment for possession or the death penalty if you’ve been convicted of trafficking in drugs.
Does the civil law system use juries?
Juries are only used in a limited number of civil cases. However, they have a dual role when they are used. The jury will decide upon the facts of the case to find out whether the claimant has proved his case or not.
What civil law means?
(1) A generic term for all non-criminal law, usually relating to settling disputes between private citizens. (2) A body of laws and legal concepts derived from Roman law as opposed to English common law, which is the framework of most state legal systems.
Does Indonesia have a statute of limitations?
The general limitation period for all legal claims is 30 years ( Article 1967, Indonesian Civil Code).
How does China justice system work?
According to the Constitution and the Organic Law of the People’s Courts of 1979 as amended in 1983, China practices a system of courts characterized by ” four levels and two instance of trials”. … The local people’s courts are divided into basic people’s courts, intermediate people’s courts and higher people’s courts.
How many high courts are there in Indonesia?
There are about 68 high courts: 31 General Courts, 29 Religious Courts, 4 Administrative Courts and 4 Military Courts.
Is adversarial or inquisitorial better?
Within this context, adversarial systems are better suited for discovery than inquisitorial systems. The adversarial system is really a competitive system of discovering rules and facts. … Therefore, it may perform better than an inquisitorial system for the first two types of information gathering.
What is the difference between adversarial and inquisitorial?
An adversarial system is that where the court act as a referee between the prosecution and the defence. … An inquisitorial system is a legal system where the court is actively involved in proof of facts by taking investigating of the case. This system resolving disputes and achieving justice for individuals and society.
Who uses the inquisitorial system?
Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems.