Introduction to

INDONESIAN LEGAL SYSTEM

M Endrio Susila
SH (Undip) MCL (IIUM)

Legal Systems
Civil Law System
Common Law System

Islamic Legal System

Socialis Legal System

Historical Background
Roman Law
French Law

Dutch Law
Indonesian Law

Definition of Law

Law is all rules which are

enforceable upon the
citizen.

Sources of Law
Legislations
Custom

Treaty
Doctrine
Precedent (Yurisprudensi)

Legislations
Statute
Government Decree

Ministerial Decree
Byelaw

Division of Law
Public Law

Criminal Law
Administrative Law
Constitutional Law
Private Law
Civil Law

Division of Law
National Law

Law prevailing in a particular state

International Law
Law governing the relationship
among nations

Criminal Law
Criminal law is law which

deals with crimes (criminal

act)
Criminology is science
concerning to crimes

Criminal Law
Substantive Criminal Law

Determine acts which are punishable

(criminal offense/delict)
Determine the punihsment for criminal
offenses
Criminal Procedure
Regulate how the substantive criminal law
to be implemented
Dealing with the procedure of investigation,
prosecution, trial, and execution

Administrative Law
Law dealing with the administration

of state
Subject Matters; tax, state policy,
administration of land,
management of environment,
Important issues; Fries Ermessen,
Deuternement of Pavoir

Constitutional Law

Dealing with the functions

of state bodies and
relationship among them

Civil Law
Law governing private matter;

relationship between individuals.

Familiy Law; Law of Marriage, Law of
Inheritance
Law of Property
Law of Contract; Contract of Sale,
Lease Contract, Contract of
Invesment, etc

Civil Law
Substantive Civil Law
Civil Procedure

Judicative Power
Supreme Court
Court of Appeal

High Court/District Court

Courts
General Court
Special Court

Pengadilan Agama
Human Right Court
Military Court
Juvenile Court
etc

Parties in Criminal Trial

Disputing Parties

Prosecutor
The Accused
Third Parties

Clerk of Justice
Judges

Criminal Justice System

Police (Investigation)
Public Prosecutor

(Prosecution)
Court (Trial)
State Attorney (Execution)

Parties in Civil Trial

Disputing Parties

Plaintiff
Defendant
Third Parties
Clerk of Justice
Judges

Criminal Sanction
Death Penalty
Imprisonment

Fine
Jail

Civil Sanction
Compensation/Damages

Criminal Wrong
Major Crime / Felony
Minor Crime /

Misdemeanor

Civil Wrong
Breach of Contract (wan

prestasi)
Breach of Law
(onrechtmatige daad)

Legal Maxims
Principle of Legality
Principle of Non Retroactiveness
Lex specialis derogat legi generali
Lex superior derogat legi inferiori
Lex posterior derogat legi priori

Supreme Court
Authorities:
1.Last Stage Trial
2.Judicial Review against legislations
below the statute

Judicial Commission
Reviewing the judicial

decision and observing

judges performance

Constitutional Court
Authority

Settling disputes among

the state institutions
Judicial Review against
Statute