Indonesian legislation comes in various forms. The following official hierarchy of Indonesian legislation (from top to bottom) is listed in Article 7 of Law No. 12 of 2011, a “rule-making law”: According to Law No. 12 of the year 2011 on the establishment of legislation, the culmination of the Indonesian legal system is the Constitution, which is the Constitution of 1945 and all its amendments. which is then transcribed into the People`s Consultative Assembly (MPR) ordinance, laws, government decrees instead of laws, government decrees, presidential decrees, provincial regional ordinances and regional regency/city ordinances, as well as laws in accordance with the aforementioned hierarchy of laws. In addition to the legislation that exists in the hierarchy of Law No. 12 years 2011, other regulations issued by ministries/agencies are legally bound and recognized as valid laws, provided that they have been issued by order of a higher-ranking law or promulgated in accordance with the authority of the agency. This chapter focuses on the different types of laws that Indonesian institutions can enact, the processes of enactment, and the bodies that enact them. Most of these laws, including national laws, emergency laws, and governmental, presidential, and regional regulations, appear in Indonesia`s “hierarchy of laws,” which ranks them according to their relative authority. This chapter highlights important problems in the functioning of the hierarchy, mainly due to: an unclear delineation of the relative competences of the different Indonesian legislators; the application of laws that do not appear in the hierarchy; and the lack of effective mechanisms for resolving conflicts of laws and competences between the institutions that adopt them.
These problems are the main cause of much of Indonesia`s legal dysfunction, which has been identified in other chapters of this book. Minister of Co-operatives and Small and Medium Enterprises For librarians and administrators, your personal account also provides access to institutional account management. Find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. In practice, there are also presidential decrees (Keputusan Presiden, Keppres), presidential orders (Instruksi Presiden or Inpres) (best known for the construction of Inpres primary schools), ministerial decrees (Peraturan Menteri or Permen/PM), ministerial decrees (Keputusan Menteri or Kepmen/KM) and letters of circulation (Surat Edaran), which sometimes conflict with each other. The entire legal system is severely underfunded in the public and private sectors, which provide many services to clients. At the beginning of 2015, it was reported that there was a serious shortage of judges, which particularly affected the work of the district courts (pengadilan negeri). It was reported that approximately 250 new judges were needed each year, but that no new judges had been appointed for four years. At the time, there were a total of about 8,300 judges in Indonesia, but about 1,000 additional judges were needed to clear the backlog. [9] Minister of Administrative and Bureaucratic Reform A personal account can be used to receive email notifications, save searches, purchase content, and activate subscriptions. Dewi Savitri Reni (Vitri) holds a Bachelor of Laws from Universitas Indonesia and a Master of Laws from the University of California, Berkeley (Boalt Hall School of Law).
She is a Fulbright scholar and a member of the New York State Bar. She is currently a partner at Soewito Suhardiman Eddymurthy Kardono, Indonesia. Typically, access to a range of IP addresses is provided through an institutional network. This authentication is automatic and you cannot log out of an IP-authenticated account. The Republic of Indonesia declared independence on 17 July. August 1945 after colonization. The current legal system applicable in Indonesia is in fact a mixture of civil law, customary law and Sharia law traditions that apply to different types of citizens subject to their race and religion. At the same level as laws, in certain situations, the president may, without parliamentary intervention, issue a government decree instead of a law with a similar power to the law, with the requirement that this regulation be submitted to parliament for approval by parliament during the following hearing period. The ASEAN Charter entered into force on 15 December 2008. This is the basis for the realization of the ASEAN Community by providing the legal status and institutional framework of ASEAN.
It also codifies ASEAN norms, rules and values, sets clear objectives for ASEAN; and represents accountability and compliance. Detailed explanations of the Charter can be found in the following book: This box contains general information on ASEAN. Information on ASEAN and human rights can be found on the Southeast Asia page of our Human Rights Research Guide. Minister of Villages, Development in Underdeveloped Areas and Transmigration The 1945 Constitution is the highest legal authority in Indonesia to which the executive, legislative and judicial branches must submit. The constitution was drafted in July and August 1945, when Indonesia escaped Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored after President Sukarno`s decree of 5 July 1959. In the 32 years of Suharto`s government, the constitution had never been amended. Suharto refused to approve amendments to the constitution, and the People`s Consultative Assembly passed a law in 1985 mandating a national referendum for constitutional amendments.
In addition to the 14 agencies mentioned above, there are other non-ministerial institutions established outside the formal executive or legislative structure, often referred to as LPNK, although they are not/are no longer listed in PR 145 2015, as follows: Juven Renaldi (Juven) obtained his Bachelor of Laws from Universitas Indonesia and is currently a partner at Soewito Suhardiman Eddymurthy Kardono. Access to content on Oxford Academic is often made possible through subscriptions and institutional purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways: The Indonesian government and professional lawyers in Indonesia are aware of these issues and are working to improve the system over time. [10] Many companies offer single sign-on between the company`s website and Oxford Academic. If the login section of a newspaper says “Sign up via company website”: Use the following resources to find general information about the 10 countries in this guide – history, demographics, economy, government, etc. Laws are discussed jointly by the President and Parliament. This guide will help you explore the legal systems of the 10 Southeast Asian countries that make up the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), Philippines, Singapore, Thailand and Vietnam. Information on ASEAN and human rights can be found on the Southeast Asia page of our Human Rights Research Guide. Japan and Korea have also been added to this research guide. The following table provides publicly available information on the ministries and other departments of the current cabinet as of June 9, 2019: There are still many problems with the legal system in Indonesia.