Sumber Undang Undang Bertulis

Summary

This presentation discusses the sources of written law in Indonesia, categorizing them into written and unwritten sources. It highlights the Constitution as the highest law, alongside state constitutions and local regulations. The presentation outlines the characteristics of federalism, parliamentary democracy, and the roles of various governing bodies, including state assemblies and local authorities. It also covers the importance of legislation, the process of constitutional amendments, and the checks and balances in place to prevent misuse of legislative power. Ultimately, it underscores the significance of these laws in ensuring societal welfare and order.

Takeaways

• 📜 The sources of written law in Indonesia include the constitution, state constitutions, and subsidiary legislation.
• ⚖️ Written laws are formalized by legislative bodies and are essential for establishing legal authority and validity.
• 🇮🇩 The constitution is the highest law in Indonesia, and any laws that contradict it are considered void.
• 👥 Key constitutional provisions include the privileges of Malays, Islam as the state religion, human rights, citizenship, and the national language.
• 🏛️ Federalism divides powers between the central and state governments, allowing for local governance in certain areas.
• 🔍 Non-written sources of law in Indonesia encompass customary law, Islamic law, English law, and judicial decisions.
• 📅 Amendments to the constitution require a two-thirds majority in parliament and various other conditions depending on the subject matter.
• 📋 State constitutions guide the functioning of state governments and outline their responsibilities and powers.
• 📊 Local legislation allows authorities to create laws tailored to specific regional needs, while ensuring they don't conflict with national laws.
• 🛡️ Control mechanisms exist to prevent abuse of power in the creation of subsidiary legislation, including judicial, parliamentary, and consultative oversight.

Q & A

What are the two main categories of legal sources in Indonesia?

The two main categories are written legal sources and unwritten legal sources.

What constitutes written legal sources in Indonesia?

Written legal sources include the constitution, state constitutions, and statutory laws.

What are some examples of unwritten legal sources mentioned in the script?

Unwritten legal sources include English law, Islamic law, customary law, and judicial decisions.

Why is the federal constitution considered the highest law in Indonesia?

The federal constitution is deemed the highest law as it serves as the foundational legal framework, and any laws that contradict it are invalid.

What are the five main provisions outlined in the federal constitution?

The five main provisions are privileges for Malays, Islam as the federal religion, fundamental freedoms, citizenship rights, and the national language.

What is the role of the federalism system in Indonesia's governance?

Federalism in Indonesia distributes power between the central government and state governments, allowing for a balance of authority.

How can the federal constitution be amended?

The constitution can be amended with a two-thirds majority vote in parliament and must comply with specific provisions regarding amendments.

What is the function of local ordinances in the legal framework?

Local ordinances are laws enacted by local authorities under delegated powers, allowing for immediate regulation of local matters.

What are the advantages and disadvantages of local ordinances?

Advantages include quicker legislative processes and responsiveness to local needs, while disadvantages include potential misuse of power.

What mechanisms exist to control the powers of local ordinances?

Control mechanisms include judicial review, parliamentary oversight, publication requirements, and negotiations with interest groups.