Concept of Role of Law in Indonesia, Dr. Jasmansyah, M.Pd., MH.

Summary

This video explores Indonesia's legal system, which is built upon the 1945 Constitution, Pancasila, and a blend of civil, Islamic, and customary law. The legal system is pluralistic, hierarchical, and dynamic, designed to regulate social life, protect rights, uphold justice, and support national development. Key institutions such as the legislature, executive, judiciary, and law enforcement play vital roles in law implementation. However, challenges such as legal pluralism, corruption, weak enforcement, and public distrust hinder the system’s effectiveness. Understanding these complexities is crucial to grasping Indonesia’s evolving legal landscape.

Takeaways

• 😀 The Indonesian legal system is grounded in core elements like the 1945 Constitution, Pancasila, civil law tradition, and recognition of Islamic and customary law.
• 😀 Indonesia’s legal system is shaped by its unique pluralism, integrating Western civil law, Islamic law, and customary law to accommodate diverse populations.
• 😀 Pancasila serves as the foundational philosophy guiding Indonesia’s legal and governance principles.
• 😀 The 1945 Constitution (UUD 1945) is the highest legal authority, outlining the state’s principles and citizens' rights.
• 😀 Law in Indonesia is defined as a set of rules made by authorized institutions to regulate behavior, with enforcement through sanctions.
• 😀 The hierarchical structure of Indonesian law includes Pancasila, the 1945 Constitution, statutory laws, regulations, regional laws, and unwritten laws.
• 😀 Indonesian law aims to achieve social justice, maintain order, and protect individual and collective rights while reflecting national ideals.
• 😀 The legal system in Indonesia supports national development by promoting economic, educational, and technological progress.
• 😀 Key legal institutions in Indonesia include legislative bodies, executive bodies, the judiciary, and law enforcement agencies responsible for law creation and enforcement.
• 😀 Indonesia faces challenges in its legal system, including tensions between legal traditions, corruption, conflicting laws, weak enforcement, and public distrust.

Q & A

What is the legal foundation of Indonesia?

The legal foundation of Indonesia is based on several core elements: the 1945 Constitution (UUD1945), Panchasila (the philosophical basis of the state), civil law tradition inherited from the Dutch colonial system, and the recognition of customary and Islamic law.

How does law in Indonesia aim to serve its people?

Law in Indonesia aims to achieve social justice, maintain order, protect individual and collective rights, and implement the ideals of the nation based on Panchasila and the 1945 Constitution.

What is the concept of law in Indonesia?

Law in Indonesia is defined as a set of rules made by authorized institutions to regulate human behavior, enforced through sanctions, with the goal of achieving social justice, maintaining order, and protecting rights.

What are the primary sources of law in Indonesia?

The primary sources of law in Indonesia include Panchasila, the 1945 Constitution (UUD1945), statutory laws (undang-undang), presidential and ministerial regulations, regional regulations, and unwritten laws, which include Islamic and customary law.

How does Indonesia's legal system reflect its pluralistic nature?

Indonesia's legal system is pluralistic because it integrates different legal traditions, including Western civil law, Islamic law, and customary law, to accommodate the diverse population and cultural backgrounds.

What does the hierarchical nature of Indonesian law mean?

The hierarchical nature of Indonesian law means that legal norms follow a structured hierarchy, starting with the constitution at the top, followed by statutory laws, regulations, and down to regional and administrative laws.

How does law play a role in national development in Indonesia?

Law plays an important role in supporting national development by regulating various sectors such as the economy, education, and technology. It provides a framework for progress in these areas.

What challenges does the Indonesian legal system face?

The Indonesian legal system faces several challenges, including tensions between different legal traditions (legal pluralism vs. uniformity), corruption and political influence, overlapping and conflicting laws, weak law enforcement, and public distrust in the system.

What are the primary institutions involved in the implementation of law in Indonesia?

The primary institutions involved in the implementation of law in Indonesia include legislative bodies (DPR, DPD), executive bodies (the President and ministries), the judiciary (Supreme Court, Constitutional Court, religious courts), and law enforcement agencies (police and prosecutors).

How does the recognition of customary and Islamic law impact Indonesia's legal system?

The recognition of customary and Islamic law impacts Indonesia's legal system by allowing these laws to apply in specific areas such as family law, inheritance, and religious practice, which are integrated into the broader national legal framework.