Indonesia’s legal system

Indonesia has a civil law system based on the Roman-Dutch legal tradition. The legal system in Indonesia is founded on five main sources of law: statutes, court decisions, government regulations, customary law, and religious law.

Statutes. The primary source of law in Indonesia is statutes enacted by the Indonesian Government. These statutes are published in a collection called the Indonesian Code. The Indonesian Code includes all laws enacted by the Indonesian Parliament (Dewan Perwakilan Rakyat) and the President, as well as all regulations enacted by the Indonesian Government.

Court decisions. Court decisions are an important source of law in Indonesia. The Supreme Court of Indonesia is the highest court in the country and its rulings are binding on all lower courts. The Supreme Court’s decisions are considered to be persuasive authority, but are not binding on the legislature.

Government Regulations. The Indonesian Government has the authority to issue regulations that have the force of law. These regulations are published in the Indonesian Gazette and are binding on all citizens.

Customary Law. Customary law is an important source of law in Indonesia. It is based on the customs and traditions of the local community. Customary law is not written down, but is instead based on the unwritten rules and norms of the local community.

Religious Law. Religious law is an important source of law in Indonesia. The country is home to a variety of religions, including Islam, Christianity, Hinduism, and Buddhism. Each of these religions has its own set of laws and regulations that are binding on its followers.