Is Indonesia a civil law country?

Indonesia implements a mixed legal system with the civil law system as the main legal system adopted from the Dutch colonial law. Indonesia also recognises the customary legal system (sistem hukum adat) and religious legal system (Islamic sharia law).

Is Indonesia common law or civil law?

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).

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.

Which countries have civil law?

France and Germany are two examples of countries with a civil law system. Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. Common law systems are adversarial, rather than investigatory, with the judge moderating between two opposing parties.

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Does Indonesia follow rule of law?

Article 1(3) of the 1945 Constitution clearly states that Indonesia is governed by the rule of law. Furthermore, the 1945 Constitution affirms that human rights should be upheld in accordance with the principles of a democratic and law-based state.

Does Indonesia adopt civil law system?

Indonesia implements a mixed legal system with the civil law system as the main legal system adopted from the Dutch colonial law. Indonesia also recognises the customary legal system (sistem hukum adat) and religious legal system (Islamic sharia law).

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.

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.

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).

What is the difference between civil law and common law?

The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. … In fact, many countries use a mix of features from common and civil law systems.

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What are the 4 types of civil law?

Four of the most important types of civil law deal with 1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).

Is Japan a civil law country?

The modern Japanese legal system is based on the civil law system, following the model of 19th Century European legal systems, especially the legal codes of Germany and France. Japan established its legal system when imperial rule to Japan was restored in 1868 as part of the Meiji Restoration.

Is China a civil law country?

China’s legal system is largely a civil law system, reflecting the influence of Continental European legal systems, especially the German civil law system in the 19th and early 20th centuries.

Does Indonesia have a death penalty?

Capital punishment is a legal penalty in Indonesia. Although the death penalty is enforced only sometimes in grave cases of premeditated murder, it is regularly applied to some drug traffickers.

Who makes civil law?

In a civil law system, a judge merely establishes the facts of a case and applies remedies found in the codified law. As a result, lawmakers, scholars, and legal experts hold much more influence over how the legal system is administered than judges.

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