Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as (unwritten, traditional rules still observed in the Indonesian society). Foreign influences from India, China and the Middle East have not only affected culture, but also the customary laws. The people of Aceh in Sumatra, for instance, observe their own sharia law, while ethnic groups like the Toraja in Sulawesi still follow their animistic customary law.
Dutch presence and subsequent colonization of Indonesia for over three centuries has left a legacy of Dutch colonial law, largely in the Indonesian civil code and criminal code. Following independence in 1945, Indonesia began to form its own modern Indonesian law, modifying existing precepts. Dutch legal decisions maintain some authority in Indonesia through application of the concordance principle. The three components of , or customary law; Dutch law; and modern Indonesian law co-exist in the current law of Indonesia.
Hierarchy of legislations
Indonesian legislation comes in different forms. The following official hierarchy of Indonesian legislations (from top to bottom) is enumerated in Article 7 of Law No. 12/2011:
The 1945 Constitution ( or UUD 1945); Resolutions of the People's Consultative Assembly ( or Tap MPR); Acts ( or UU, also translated as Laws) and government regulations in-lieu-of Acts ( or Perppu); Government regulations ( or PP); Presidential regulations ( or Perpres); Provincial ordinances ( or Perda Provinsi); and City ordinances ( or Perda Kota) and Regency ordinances ( or Perda Kabupaten). In practice, there are also presidential decrees ( or Keppres), presidential instructions ( or Inpres), ministerial regulations ( or Permen), ministerial decrees ( or Kepmen) and circulars ( or SE), all of which are legally binding and sometimes in conflict with each other.
Once a legislation is promulgated, a State Gazette of the Republic of Indonesia () is issued by State Secretariat. Sometimes elucidation of the legislation () or attached documents like charts accompany the main legislation in a State Gazette Supplement (). The Government also produces State Reports (, ) to publish government and public notices as well as other ministerial regulations and decrees.
The 1945 Constitution
The 1945 Constitution is the highest legal instrument in Indonesia, to which the executive, legislative and judicial branches of government must defer. The constitution was written in July and August 1945, when Indonesia was emerging from Japanese occupation toward the end of World War II. It was replaced by the 1949 Federal Constitution and the 1950 Provisional Constitution, but was restored after President Sukarno decreed its reintroduction as the Constitution of Indonesia on 5 July 1959. However, constitutional deviations grew rapidly during Sukarno Administration.
The 32 years of Suharto Administration ended any practice of constitutional deviations exercised under Sukarno (i.e. empowering Sukarno to rule as President-for-Life, as well as allowing the president to appoint or dismiss members of the legislature at will). However, the constitution would never been amended either. In contrast to Sukarno's volatile administration, Suharto refused to countenance any changes to the constitution and the People's Consultative Assembly () passed a resolution in 1985 requiring a national referendum for any constitutional amendments.
After the Suharto's fall in 1998, the MPR amended the constitution four times between 1999 and 2002. Important amendments include a direct presidential election by the people, as well as limiting presidential term of office to only two-term five years each; The previous clauses in the Constitution of which had made it possible for Suharto's administration to stay in power for more than five terms. After the final amendment in 2002, the People's Representative Council ( or DPR, the lower house) gained more power of oversight over the executive branch, the Regional Representatives Council ( or DPD, the upper house) was established, regional government and regional autonomy was recognized, and an expanded section about civil and human rights among other changes.
As of the fourth amendment in 2002, the constitution consists of 26 chapters and 37 articles.