Lawyer

HISTORY OF LEGAL
DEVELOPMENT IN
INDONESIA
Credit by: Dendi Yusuf Bakhtiar
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LEGAL SYSTEM IN INDONESIA

The history of the legal system in Indonesia
is divided into historical periods, namely
the pre-colonial, Dutch colonial, Japanese
colonial and independence periods.
The Indonesian legal system is a legal
system established by the Indonesian
government which consists of legal rules
that are arranged or arranged in such a
way, and these rules are interconnected
and determine each other (Ishad, 2018).
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PRE-COLONIAL INDONESIAN
LEGAL SYSTEM
Indonesia's pre-colonial legal system was pluralistic in
nature, marked by a variety of laws that applied to society.
The legal diversity in question is customary law and
Islamic law.

This customary law applies according to the community

kinship system spread across the archipelago. Then,
Islamic law applies to people who embrace Islam.

Before being colonized by the Dutch, Indonesia (or the

Archipelago) had its own legal system. Utrecht explained
(in Sasongko, 2013: 23) when the Dutch arrived, Indonesia
already had its own legal system, namely the original legal
system, which was different from the Dutch legal system.
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INDONESIAN LEGAL SYSTEM DURING

THE DUTCH COLONIAL PERIOD
The direction of legal politics carried out by the Dutch
government is to apply a number of principles, such as
codification, concordance, unification, dualism and legal
pluralism.

In the early stages, the use of these laws and principles

was aimed at fulfilling Dutch interests by oppressing the
people. Then, in subsequent developments, the law is
not only used as a means of oppression, but also for
profit. During this time, mercantilism took place.

Laws in this period were suggestions, instruments and

tools from the authorities.
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INDONESIAN LEGAL SYSTEM DURING

THE JAPANESE OCCUPATION PERIOD
The Japanese colonial period took place in an
atmosphere of war so that the condition was an
emergency. This emergency had a direct impact on
the situation and circumstances of the political
legal system which resulted in an underdeveloped
condition. In this era, it was dominated or controlled
by military rulers.

With regard to the Indonesian legal system, based

on Osamu Seirei, the Japanese government
stipulated that the previous government bodies
and powers (Dutch East Indies) were still recognized
as valid for the time being, as long as they did not
conflict with the military government.
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The significant change made was to divide
Indonesia into three military regions. The three
military areas in question include:

The islands of Java and Madura were based in

Jakarta and led by the Japanese Army;
The island of Sumatra was centered in Medan
and led by the Japanese Army; And
The islands of Kalimantan, Sulawesi, Bali, Nusa
Tenggara, Maluku and the Lesser Sundas were
based in Makassar and led by the Japanese
Navy.

During the Japanese occupation, dualism in the

judicial system was abolished. Thus, there is only
one justice system for all classes of population, but
this is an exception for the Japanese.

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THE INDONESIAN LEGAL SYSTEM

DURING THE INDEPENDENCE PERIOD
Indonesia's legal system at the time of independence was further
divided into three periods, namely the old order, the new order,
and the reformation.

During the old order, at the beginning of independence to be

precise, the government was based solely on the 1945
Constitution.
The New Order government was seen as a corrective measure
for the implementation of the 1945 Constitution which had
deviated from the old order. One of his actions that is relevant
to legal politics is the issuance of MPRS Decree No.
XX/MPRS/1966.
Reform is actually seen as a corrective action against New
Order violations that turned out to deviate from the 1945
Constitution.
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