Indonesia Legal System

Indonesian legal system is a mix of several legal systems. Indonesian legal system is a mix of religious law, customary law, and the law of European countries, especially the Netherlands as a nation that once colonized Indonesia. Netherlands are in Indonesia about 3.5 centuries. So do not be surprised if many of their civilization inherited including the legal system.

Previous Indonesian nation is also a nation that has had a culture or customs are very rich. Evidence relics or historical fact, that in the early days, many standing Indonesian kingdoms such as Srivijaya Hindu – Buddhist, Kutai, Majapahit, and others. Royal era left a legacy – cultural heritage is still felt. One is the customary rules of life and survive until now. The values ​​of customary law is one of the sources of law in Indonesia. Indonesia has the largest Muslim population it is no wonder if the Indonesian people also use Islamic religious law primarily as a guide in life and also be a source of Indonesian law.

Indonesia’s legal system is very complex. Indonesian law is comprised of adat (traditional) laws, parts of Islamic law (hukum Islam), Dutch legislation and regulations passed when the Dutch colonized Indonesia, and thousands of post-independence statutes (undang-undang), regulations (peraturan) and lower-level decisions (keputusan). Because Indonesian law comes from so many sources, it is difficult to identify the law applicable to a particular situation with any certainty. For example, a statute may be implemented by a government regulation, which may in turn be implemented by a Ministerial Decision (Keputusan Menteri), which may in turn be implemented by a Departmental Memorandum (surat edaran). All of these laws must be identified to determine what the law is.

Indonesia’s law system also based on international treaties. International law and international agreements on intellectual property in particular is crucial to an understanding of intellectual property. Much of intellectual property law is contained in international agreements which have been signed and then ratified by many countries around the world (including Indonesia). This means that these international agreements have, or will, become part of the national laws of countries who have ratified these international agreements.

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