Anthropos: Jurnal Antropologi Sosial Dan Budaya: Introduction To The Law of Indonesia
Anthropos: Jurnal Antropologi Sosial Dan Budaya: Introduction To The Law of Indonesia
Anthropos: Jurnal Antropologi Sosial Dan Budaya: Introduction To The Law of Indonesia
ANTHROPOS:
Jurnal Antropologi Sosial dan Budaya
Available online http://jurnal.unimed.ac.id/2012/index.php/anthropos
Abstract
The law is derived from the Dutch language . In Dutch, recht order , the arrangement is legal , it means giving rightful place to the
law , what is meant by " giving the actual place " that is prepare well and our rule - the rule of law in social life . It was done so that
the applicable provisions , can easily be identified and used to resolve any legal event occurs . Therefore , the rule of law is no rule of
law at a given moment , a particular place which is called positive law or ius constitutum . The rule of law its kind ever called laws
apply and fixed ( recht ).
How to Cite: Hardini, S. (2016), Introduction To The Law Of Indonesia, Anthropos: Jurnal Antropologi Sosial dan
Budaya, 2 (1) (2016): 91-100.
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Sri Hardini, Introduction To The Law Of Indonesia
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Anthropos: Jurnal Antropologi Sosial dan Budaya 2 (1) (2016): 91-100
procedures and practices). On the other hand, is implementation of the technique in the
defined as a state administrative law governing management of the country.
the administration of law, namely the In contrast to this opinion, Van
relationship between citizen and government is Vollenhoven in his Thorbecke en het
the cause until it works. That is, a combination administratiefrecht expressed "On one side of
of both structural personnel under the constitutional law as a set of laws and
leadership of the government as part duty, part institutions that conduct gives him power over
of the job that are not addressed to the the work of the agency division of highest to
legislature, judiciary and local government or lowest; contained on the other hand as a state
autonomous institutions (care of its own.) Thus, administrative law set of rules that bind the
it can be argued that the use of term institutions to use their authority given by the
(administratiefrecht more appropriate if administrative law state. "In Omtrek van het
translated "State Administrative Law". Administratief, Van Vollenhoven argued that"
Understanding State Administration All laws which had for centuries is not accepted
according Prof.Mr.AM.Donner in his as a material constitutional law, private law
Bertuursrecht Nederlands common parts, 1953, (civil) material or material criminal law, by
provides an overview of the administration itself can be a good place in the law of the state
State.It suggests that people want to be clear administration. That is, that all laws that
about the nature of government in the narrow material should be included in the law of the
sense of the word, administration and field state administration for all activities carried out
work, it never hurts to temporarily release the by government agencies. According C.Van
trias politica, although it is a view which is Vollenboven state administrative law can be
important in distinguishing the form of divided into several parts: a) Bestuurrecht (rule
government works, investigation under way of law), b) Justitierecht (law courts), which
trias politica was completely still be influence consists of: 1) Staatrechterlijke rechtspleging
people into the core of their work each country (formal constitutional law / justice system of
fittings. government). 2) Burgerlijke rechts pleging (law
2) Constitutional and Administrative Law of civil procedure), 3) Administratiieve
of the State, Prof.Mr.WG.Vegting in his het rechtspleging (formal administrative law /
Algemeen Nederland Administratiefrecht I, administration of justice). 4) Strafrechtspleging
1954, arguing that the "Staats-en (criminal procedure), c) Politierecht (law
administratiefrecht hebben van een te police), d) Regelaarsrecht (law of the
gemeenschappelijk gebeid bestuderen regelen, legislation).
die Achter bij de ene studie anders benaderd According to him, the state
worden and bij de andere." (Administrative law administrative law include: 1) Staatsrecht
state and state administrative law study a field (material - Constitutional Law), 2) Bestuur
of the same rules, but use different approaches (government); 3) Rechtspraak (judicial), 3)
between learning areas and approaches one Politie (police), 4) Regeling (legislation), 5) This
uses other subjects) "This opinion uses the division is very broad but it is followed by the
difference" approach "constitutional law that public. This is due to the absence of residue
aims to find the state organization and theory explicitly limits between constitutional
organizing tools state equipment. Meanwhile, law and administrative law of the country.
the state administrative law aims to determine Indonesia country law system,
how the behavior of state and scientific Applicability Period Act of 1945, 1) Basic
equipment state. Therefore object of philosophy of Pancasila as the main guidelines
constitutional law that the fundamental in the state (l June 1945), 2) Preamble to the
problem state organizations, while the object of Constitution (July 14, 1945), 3) Draft
state administrative law concerning the Constitution
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been nominated members of Parliament. The government has a legislative function, budget,
members of the House of Representatives and oversight. Membership is elected directly
together members of the Regional by the people of the area have the right to vote
Representative Council (DPD is a member of the in elections for that matter. Parliament has the
People's Consultative Assembly (MPR). duty and authority, and the rights and
Parliament as the legislative body pursuant to obligations of each region area. Duties and
Article 26 of Law Number 22 Year 2003 has the responsibilities are generally the same as the
following duties and authority: 1) Establish House of Representatives and members of
legislation discussed with the president for Parliament.
approval together. 2) Discuss and approve Membership of the Regional
Government Regulation in Lieu of Law. 3) Representative Council (DPD) of the province
Receive and discuss the proposed draft bill of elected directly by the people through elections
the proposed DPD. to it. Each province, according to the Law No. 22
Taking into account the above Year 2003. set as much as 4 people who
considerations DPD: 1) Bill State Budget inaugurated the Presidential Decree.
(Budget), 2) Bill Tax Education, and Religion. 3) Meanwhile, during the term of office of five
Establish budget along with the president, years from the oath / pledge.
watching DPD. 4) Implement monitoring of the DPD function during high state
implementation of the Act, the state budget, and institutions there are two, namely: 1) To submit
the government desicion. 5) To discuss and proposal, participate in discussions, and give
follow up on the results of monitoring proposed consideration related to certain of the
by the Council to: a) implementation of the Law legislative branch; 2) Conducting oversight of
on Regional Autonomy; b) the establishment, the implementation of certain laws.
expansion, and merging area; c) relationship Based on the function, DPD has the duty
between the center and the regions; d) natural and authority to submit the Bill to the House.
resources and other economic resources; e) The bill can be related to regional autonomy,
implementation of the State Budget, Taxes, the central and local relations, formation and
Education and Religion. f) Select Audit expansion, merging areas, management of
limbs by taking into consideration of the natural resources, economic resources, and
Council. g) To discuss and act on the results of financial balance between central and local
the country's financial accountability. h) Gives governments. Besides the bill proposed by the
approval to the President on the appointment House of Representatives discussed prior to
and dismissal of members of Judiciary submission to the government. Included in this
Committee, i) Provide approval of the proposed authority with respect also give consideration
candidates justices Judiciary Committee to be to the Parliament on the draft Law on the State
formally appointed to office by the President. j) Budget, the selection of members of the State
Select three candidates for constitutional judges Audit Board, and oversight of the
and present it to the president to set. k) Give implementation of regional autonomy laws.
consideration to the president to appoint Members of the Supreme Audit Agency
ambassadors, and ambassadors from other (BPK) was chosen by the House of
countries receive placement, giving Representatives with respect to consideration
consideration to the granting of amnesty and of the Council. The results of that choice later
abolition. l) gave approval for the president to inaugurated by the president and is domiciled
declare war, make peace, and treaties with in the state capital. CPC representatives exist in
other countries. m) Absorb, collect, hold, and each province with the same authority duties in
follow-up aspirations. their local area scale. His duty investigate the
Regional House of Representatives management and accountability of state
(parliament) as an element of regional finances and the results submitted to the
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Parliament, Council and Parliament in on the opinion of the House that the President
accordance his power. and / or Vice President of the allegedly unlawful
Before the 1945 changes, although there act of treason, corruption, bribery, other
is exposure in the opening of human rights, in felonies. It also commit misconduct, and / or no
the articles are not stressed about it. Paragraph longer qualifies as President and / or Vice
III Preamble states: Top blessings of Almighty President who is determined by the
Allah's grace and by pushing it by a noble Constitution of 1945. To become a judge
desire, so life nationality free, the people of constitution, a person must meet certain
Indonesia hereby declare independence. "This requirements set forth in Section 15.16, and 17
paragraph seems clear that Indonesia no longer of Law No. 23 of 2003, on the Constitutional
want to be colonized. Court.
August 17, 1945 proclamation of If the terms of the provisions are met,
independence needs to happen in a way stated then the three people filed by the Supreme
in paragraph IV of the 1945 Constitution. The Court, three by the House, and three by the
contents firmly and clearly stated that: "The President to be determined by the Presidential
government of Indonesia to protect all the Decree. Against nine constitutional judges were
people of Indonesia and the entire country of required to elect the chairman and vice
Indonesia and to promote the general welfare of chairman. Then after take an oath or pledge
the intellectual life of the nation ...". That is, for before the president, they hold office for five
implementing the government apparatus that years. If the time has expired occupation , be
can be run in order to manifest good faith in the reelected for one subsequent term of office.
will of the state's goal. It reductions course Although the Constitutional Court is a judicial
through the articles of the 1945 Constitution, institution, but in the process has no legal
not just implementation of conscience. events such as the judiciary in general. The
Therefore, the changes in the 1945 Constitution procedural law used by this court under Article
provisions that regulate the above two 25 to Article 49 of Law Number 24 Year 2003,
paragraphs set out in Article 28 A to 28 A. on the Constitutional Court. The process
Under those provisions, the implementation consists of: 1) submission of application, 2) the
would not hesitate to achieve protection of application for registration and registration
human rights on earth Indonesia. trial, and, 3) the evidence and, 4) the
The Constitutional Court is a separate preliminary examination; 5) the court
judicial authority outside the courts below the examination, and 6) the verdict. Every decision
Supreme Court. The establishment of this court begins with the phrase "For Justice Based Belief
as an order of the provisions of Article 24 C Act in God Almighty" and then systematically and in
of 1945 that had previously been regulated in detail to make the identity of the parties, a
Law Number 24 Tahun2003, on court later summary of the petition, consideration of the
affirmed in the Constitution Act No. 4 of 2004, facts, legal considerations, and the principle of
about the power of Justice. the decision. Every decision is always legally
Article 10 of Law No. 24 of 2004, on the binding and no appeal or cassation.
Constitutional Court Article 12 of Law No. 4 of
2004, about the power of Justice argued on the CONCLUSION
duties of the Constitutional Court as follows: 1) In a system there are certain
Authority to hear at the first and the last: a) characteristics, which is composed of
Examine the law of the Constitution of 1945; b) components that are interconnected, mutually
Decide: (1) Lawsuit authority between state dependent on the integrity of the organization
institutions granted by the Act of 1945; (2) had organized and integrated. "A system is an
Dissolve political parties; (3) Dispute about the orderly arrangement or setting, a whole
election results. 2) Obliged to make a decision consisting of parts related to each other,
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Sri Hardini, Introduction To The Law Of Indonesia
arranged according to a plan or design, the Some views on the stabt –beberapa pandangan
tentang negara
result of a writing to achieve a goal."
Family ambience – suasana keluarga
In the legal system should not be a Elements of the state – unsur-unsur keluarga
duplicate or overlap (over-lapping) between Earths’ crust – kulit bumi
The main venue – tempat utama
the other parts. while it, "beginselen" are
Region – wilayah
principles (basic principles) or a foundation The organization of the state – organisasi negara
that supports the system. To carry out tasks – untuk menjalankan tugas
Effort – usaha
Organization and implementation of Destination
VOCABULARY FOCUS Countries – organisasi dan pelaksanaan
The provision apply - ketentuan yang berlaku tujuan negara
Positive law - or ius constitutum – hukum positif Vast territory – wilayah luas
Law apply - hukum yang berlaku Straight away – secara langsung
Understanding the legal system - pengertian Shape of a country – bentuk sebuah negara
tentang sistim hukum Form of the state – bentuk negara
Inter connnected - saling berhubungan Activities performed – bentuk kegiatan
Orderly arrangement or setting - susunan/ tataan Can be removed – dapat diangkat
To achieve a goal - untuk mencapai tujuan Judjing from the appointment of heads of state -
Duplicate - duplikasi dilihat dari pengangkatan kepala negaea
Overlap (overlapping) - tumpang tindih Descendants – keturunan
Continental European Legal System – sistem hukum His successor – penggantinya
Eropa kontinental – sistem hukumEropa Empire – kekaisaran
Often referred – sering disebut Principality – kepangeranan
Derived – semula Selection – pemilihan
Empire – kekaisaran State administrative Law – hukum administrasi
Century BC – sebelum masehi negara
Corpus juris civilis –kaidah hukum yang ada sebelum Administrative Law – hukum tata usaha negara
masa justinianus. Legal governance – hukum tata pemerintahan
Legal binding strength – hukum mempunyai Due – seharusnya
kekuatan yang mengikat Reduce blurred understanding and description –
Reality – dinyatakan mengurangi pengertian memjadi kabur
Compilation – kompilasi – kelompok uraiannya
Legal certainty – kepastian hukum Bewindvoering - dalam arti luas sebagai pembuat
Legal system Anglo Saxon (Anglo Amerika) – sistem peraturan
hukum Amerika Bestuur – dalam arti sempit merupakan kegiatan
Adhered – menganut, mengikuti Yang tidak termasuk pembuatan peraturan
Statutes – sumber-sumber hukum yang tertulis dan mengadili perselisihan
Un written law – sistem hukum tidak tertulis Adjudicate disputes – mengadili perselisihan
Judicial decisions – putusan hakim /pengadilan Legislature – legislatif
General binding rules – kaidah yang mengikat umum Judiciary – yudikatif – lembaga yudikatif
System Customary Law – sistem hukum adat Autonomous institution – lembaga otonomi
Customary law – hukum adat Can be argued – dikemukakan
Rooted – asal Law constitutional – hukum tata negara
Legal community – hukum masyarakat Approaches – pendekatan
The stems to – berpangkat Meanwhile – maksudnya
The will our ancestors – keinginan nenek moyang Material constitutional law – hukum tata negara
kita material
Islamic Legal System – sistem hukum Islam Private law (civil) – hukum perdata
Revealed – yang diwahyukan kepada Nabi Material criminal law – hukum pidana material
Angel Gabriel –Malaikat Jibril Rule of law – peraturan hukum
Sunnah prophet – Sunnah Nabi Law courts – peradilan hukum
Stories (hadith) of the prophet Muhammad – Sunnah Formal constitutional law – hukum tata negara
Nabi Muhammad formal
Consensus of the scholars – para ulama besar Justice system of government – peradilan tata negara
Analogy – persamaan Law of civil procedure – hukum acara perdata
Can be incarnated – dapat dijelmakan Formal administrasi law – hukum administrasi
Deduction – deduksi formal
State law – hukum tata negara Administration of justice – peradilan administrasi
Legal administrative procedures state : hukum negara
administrasi negara Criminal procedure – hukum acara pidana
Constitutional law – hukum tata negara Police law – hukum kepolisian
Law of the legislation – hukum perundang-undangan
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