A Brief History of Indonesian Law (1) - by Arya, Dhika, & Hisyam

Summary

This video explores the history of Indonesian law, tracing its roots from the Dutch colonial era through to the country's independence and legal evolution. It highlights the significant influence of Dutch legal provisions, such as civil codes and judicial regulations, that still shape Indonesia's legal system today. The video also covers Indonesia's constitutional changes, including the shift from a federal to a unitary state and the major amendments made to the 1945 Constitution post-Suharto. Overall, it offers a comprehensive overview of Indonesia's legal framework, its colonial legacy, and modern transformations.

Takeaways

• 😀 Indonesia's legal system today is heavily influenced by its colonial history, particularly the Dutch occupation.
• 😀 After Indonesia's independence in 1945, the government established the 1945 Constitution, which became the foundation for all laws and regulations.
• 😀 Due to a legal vacuum after independence, the Indonesian government invoked a transitory provision to continue using laws from the colonial period, unless they contradicted the new constitution.
• 😀 Legal pluralism existed under Dutch rule but was abolished in Indonesia's 1945 Constitution, which ensured all citizens are equal before the law.
• 😀 The Dutch colonial legal system laid the foundation for Indonesia's current legal structure, including the regulation of the judiciary and commercial laws like the civil and commercial codes.
• 😀 During the Japanese occupation, the legal system remained largely unchanged, with Japanese regulations focusing on population mobilization rather than fundamental legal reforms.
• 😀 Indonesia adopted the civil law system from Europe, which is characterized by codified laws, as opposed to the common law system.
• 😀 Indonesia's legal system has gone through several constitutional changes, notably in 1949 and 1950, with shifts from a unitary state to a federal republic and back again.
• 😀 The 1945 Constitution underwent multiple amendments, especially after the fall of the New Order regime. The most significant amendments took place in 1999 and 2002.
• 😀 The 'Guided Democracy' period under President Sukarno allowed the president to control decision-making, but political reforms in the 1990s forced a return to a more democratic constitution with limits on presidential power.

Q & A

How did Indonesia’s colonial past influence its legal system today?

Indonesia’s legal system today is significantly influenced by its colonial history under Dutch rule. Many aspects of the Dutch legal system, including the civil code and the concept of legal pluralism, remain in use. However, discriminatory elements like legal pluralism were eliminated after independence, aligning the legal system with the principle of equality before the law.

What role did the 1945 Constitution play in the formation of Indonesian law?

The 1945 Constitution served as the foundation for Indonesian law after independence, mandating that all laws and regulations must comply with its principles. It was enacted to fill the legal vacuum left after independence, and it still governs the country’s legal framework today.

What is the significance of the 'transitory provision' in the 1945 Constitution?

The transitory provision allowed laws and regulations from the colonial period to remain valid, as long as they didn’t conflict with the spirit of the Constitution. This provision was essential in preventing legal chaos after independence, as it provided continuity in governance until new laws were developed.

How did the Japanese occupation impact Indonesia’s legal system?

During the Japanese occupation, the legal system largely remained unchanged. The Japanese military administration focused more on population mobilization than on legal reforms, so many Dutch-era laws continued to apply, albeit with some temporary adjustments to accommodate military governance.

What is the difference between the civil law system and common law system?

The civil law system, which Indonesia follows, originates from continental Europe and is based on codified laws. The primary source of law is written codes, and legal principles are systematically organized. In contrast, the common law system, used in countries like the UK and US, relies more on case law and judicial precedents to shape legal outcomes.

What changes occurred in Indonesian law after the fall of the New Order regime?

After the fall of the New Order regime, Indonesia underwent significant constitutional reforms. The 1945 Constitution, previously manipulated by Suharto to extend his rule, was amended to include limits on presidential terms and introduce more democratic checks and balances. These changes were part of a broader reform movement that aimed to correct political and legal manipulations.

What was the impact of the 1949 and 1950 constitutional changes on Indonesia’s legal system?

In 1949, Indonesia briefly adopted a federal constitution under Dutch pressure, changing the country from a unitary state to a federal republic. In 1950, this was replaced by the provisional constitution, which reestablished Indonesia as a unitary state. These changes reflected the evolving political landscape during Indonesia's early years of independence.

What was 'guided democracy,' and how did it affect Indonesia’s governance?

Guided democracy, implemented during the 1950s-1960s, allowed the president to make decisions unilaterally or through a consensus-building process called 'musyawara mufakat.' While intended to promote national unity, it ultimately concentrated power in the hands of the president, leading to authoritarian rule.

What was the significance of the 1999 People's Consultative Assembly plenary session?

The 1999 plenary session of the People's Consultative Assembly was crucial because it led to the decision to amend the 1945 Constitution after the downfall of Suharto’s regime. This session marked the beginning of a series of reforms designed to prevent the abuse of power and establish more democratic principles within Indonesia’s legal and political systems.

What were the main constitutional amendments made to the 1945 Constitution after the fall of Suharto?

The 1945 Constitution was amended four times after Suharto's fall. The amendments introduced presidential term limits, reformed the powers of the executive, and strengthened democratic institutions, ensuring more political checks and balances to avoid the concentration of power in the presidency.