Discuss About Colonial Law In Indonesia By Fordem Pmii Cab. Ciputat
Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and Arabia have not only affected the culture, but also weighed in the customary budpekerti laws. Aceh in Sumatra, for instances, observes their own sharia law, while Toraja ethnic group in Sulawesi are still following their animistic customary law.
Dutch presence and subsequent occupation of Indonesia for 350 years has left a legacy of Dutch colonial law, largely in the Indonesia civil code. Following the independence in 1945, Indonesia began to form its own modern Indonesia law, not developing from scratch but with some modifications of the precepts of existing laws. As a result, these three components (adat, Dutch-Roman law, Islamic Law and modern Indonesia law) still co-exist in the current Indonesia laws.
After its independency, Indonesia claimed their country as a democratic country with 27 provinces based on its constitution which we called as Pancasila and Undang-undang Dasar 1945 (nowadays the provinces have increased to become 36 provinces).
Being the state of law, Indonesia had adopted the Civil Law (Code Law) derived from the Dutch law as the result of the colonialism. This law which originated from the Roman Empire has the function to establish a body of legal rules which judicial decisions (case law) are not a source of law, as contrasted with the Common law or the United States law.
Although Indonesia has become a greatest Moslems population among the world, still Indonesia has not claimed itself as the Islamic country, such as Malaysia or the Middle East countries, but still, most of the Islamic values have many important roles in determining the laws and regulations in Indonesia.
The Civil Law, adopted from the Dutch Law, recognized and formed the certain important basic laws and the systematic codes in Indonesia, which we called as Kitab Undang-undang Perdata (Burgerlijk Wetboek) or the Civil Code, the laws concerning with civil rights and remedies, Kitab Undang-undang Pidana, the Criminal Code and Kitab Undang-undang Acara Pidana, the Criminal Procedures Code, the laws concerning with the criminal acts and criminal procedures brought to the court.
There was also Kitab Undang-undang Dagang (Wetboek van Koophandel) or the Commercial Code, the law concerning the commercial contracts and regulating the eligible legal bodies to carry out their business in Indonesia. This law now has replaced by the new Law since the enactment of the new Company Law Number 1 in the year of 1995, concerning the Limited Liability Company together with its implementations. Following to this Limited Liability Company Law, in the year of 1999, the Government also issued the New Bankruptcy Law which some of the clauses adopted from the Chapter Eleven from the United States law. Some thoughts say that the Limited Liability Company Law and the Bankruptcy Law have become a breakthrough for the development of the legal system in Indonesia in the periode of nineteenth century. Not mentioning other laws that derived from the Code Law, we also have the Land Law that adopted and derived from many Adat values as the implementation of Indonesian cultures and hence to accommodate the different cultures and characteristics of many provinces in Indonesia. This Land Law, concerning the title or ownership of the land and the land acquisition procedures, has also been renewed and revised by the Government in year 1960.
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The question remains as to what the future holds. In addition to death, tide, and taxes, one of the most certain developments will be increasing foreign elements in Indonesian law along the EU/globalization. So much seems obvious. Yet before turning to a ‘the East is East and the West is west and if the twain shall meet’, it behoves us to at least consider the possibilities of a resurgence of Indonesian-centric law.
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