129-468: In Indonesian law , the term " city " ( kota ) is generally defined as the second-level administrative subdivision of the Republic of Indonesia , an equivalent to regency ( kabupaten ). The difference between a city and a regency is that a city has non- agricultural economic activities and a dense urban population, while a regency comprises predominantly rural areas and is larger in area than
258-475: A mayor ( walikota ), who is directly elected via elections to serve for a five-year term, which can be renewed for one further five-year term. Each kota is divided further into districts , more commonly known as kecamatan . Jakarta , then known as Batavia , was the first city in the archipelago to be developed by the Dutch Empire . On the 4 March 1621, the first city government ( stad )
387-520: A 1998 amendment for the 1992 Banking Act also distinguished conventional banking from Sharia banking. A major change happen under the Act of Aceh Governance No. 11/2006, which acknowledged Aceh's special status within Indonesia. The Act allows for the widespread application of Sharia laws in the local governance of Aceh, includes education, economy, and judicial system. A special nomenclature of Ordinance,
516-462: A Broad Guidelines of State Policy ( Garis-Garis Besar Haluan Negara ). Thus, Tap MPR (despite not directly mentioned as a power of the MPR) is used to guide national and government policy, and its use was promoted during Suharto administration. After the fall of Suharto from power, MPR amended the constitution, and ceased to issue any further Resolutions. In a final Tap MPR enacted in 2003, MPR confirmed
645-810: A Republic of the United States of Indonesia . In December 1949 the Netherlands formally recognised Indonesian sovereignty with the exception of the Dutch New Guinea ( Western New Guinea ). Sukarno 's government campaigned for Indonesian control of the territory, and with pressure from the United States, the Netherlands agreed to the New York Agreement which ceded the territory to Indonesian administration in May 1963. In 2013
774-498: A bill into law, the bill may not be proposed again during the current DPR session. The president are also authorized to promulgate a Government Regulations in-lieu-of Acts ( Peraturan Pemerintah Pengganti Undang-Undang or Perppu in short) by the Constitution. There are several reason why the president might issue a Perppu: However, after promulgation by the president, Perppu must be submitted to DPR for approval during
903-742: A cease-fire on 14 October (a month after its arrival in Batavia) and a draft agreement on 15 November with the negotiators for the Republik Sutan Sjahrir , Prime Minister, Amir Sjarifuddin , Defense Minister, and Johannes Leimena , Junior Minister of Health, chairman of the Indonesian Christian Party. This so-called Linggadjati Agreement was first "elucidated" by the Dutch Minister of Foreign Affairs Jan Jonkman on 10 December, and in this form accepted by
1032-620: A city. However, Indonesia historically had several classifications of cities. According to Kamus Besar Bahasa Indonesia , the official dictionary of the Indonesian language , a city ( kota ) is "a densely populated area with high density and modern facilities and most of the population works outside of agriculture." Cities are divided into districts ( Kecamatan , Distrik in Papua region , or Kemantren in Yogyakarta ). During
1161-488: 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 ( Dewan Perwakilan Rakyat or DPR , the lower house) gained more power of oversight over
1290-478: 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 adat , or customary law; Dutch law; and modern Indonesian law co-exist in
1419-637: A legislation is promulgated, a State Gazette of the Republic of Indonesia ( Lembaran Negara Republik Indonesia ) is issued by State Secretariat . Sometimes elucidation of the legislation ( Penjelasan ) or attached documents like charts accompany the main legislation in a State Gazette Supplement ( Tambahan Lembaran Negara Republik Indonesia ). The Government also produces State Reports ( Berita Negara , lit. ' State News ' ) to publish government and public notices as well as other ministerial regulations and decrees. The 1945 Constitution
SECTION 10
#17327836322511548-435: A new bill on criminal code was publicly announced, but controversial provisions criminalizing extramarital sex, abortions, and other restrictions on religious and civil liberties led to a series of protests and riots in response, ultimately causing the bill to replace the code to be scrapped. However, in 2022, a bill reintroducing the 2019 proposal with some statutes being "watered down" was passed by Indonesia's parliament and
1677-466: A problem until the mid-19th century. Finally, in the early 20th century, imperial dominance was extended across what was to become the territory of modern-day Indonesia. In 1806, with the Netherlands under Imperial French domination, Emperor Napoleon I appointed his brother Louis Bonaparte to the Dutch throne, which led to the 1808 appointment of Marshal Herman Willem Daendels as Governor-General of
1806-423: A sets of constitutional conventions ( Konvensi Ketatanegaraan ) existed and observed by academics and lawmakers. Most of the conventions are now set into law as statutes. Law No. 9/2010 on Protocols Adat laws are a set of written, traditional rules still observed in Indonesian society. It usually involves sets of laws, code of conducts, and dispute resolution mechanisms. Instead on relying on written codes,
1935-538: A small portion of the indigenous population was able to vote for its members. The council comprised 30 indigenous members, 25 European and 5 from Chinese and other populations, and was reconstituted every four years. In 1925 the Volksraad was made a semilegislative body; although decisions were still made by the Dutch government, the governor-general was expected to consult the Volksraad on major issues. The Volksraad
2064-509: A small task group to discuss the proposed legislation with the relevant government institutions and various stakeholders. When agreement has been reached and the DPR has approved the bill, the president signs the bill and it is enshrined into law as an act. However, if the president refuses to sign the bill approved by DPR, the bill will automatically be enacted within thirty days and is promulgated. When agreement cannot be reached within DPR to enact
2193-706: A source of law. Under Article 2 of the transitory provisions in the Constitution, all legislations and institutions made under Dutch colonial law will remain in place and in force, until new legislations and institutions are made to replace them. Legislations such as the Algemene Bepalingen are still in force (albeit with articles repealed with new legislations), and institutions such as the civil registry still operates to this day. The term "Unwritten Laws" refers to laws not promulgated through official authority. There are concerns that Indonesian legal system grew increasingly positivist and overregulated, pushing
2322-691: A treaty outlining "spheres of influence". The Dutch East Indies fell into Japan's sphere. The Netherlands, Britain and the United States tried to defend the colony from the Japanese forces as they moved south in late 1941 in search of Dutch oil. On 10 January 1942, during the Dutch East Indies Campaign , Japanese forces invaded the Dutch East Indies as part of the Pacific War . The rubber plantations and oil fields of
2451-442: Is an equivalent of a province, kotamadya is an equivalent of a regency, while kotapraja is an equivalent of kecamatan (districts). Jakarta was the only city granted the kotaraya status, due to its function as the capital of Indonesia . The terms kotaraya and kotapraja had been abolished since 1974, and kotamadya was used for most of urban areas in Indonesia up to 1999. Jakarta continued to become
2580-557: Is divided into 38 provinces ( Provinsi ) headed by a governor ( Gubernur ). Each provinces is then subdivided into the urban cities ( Kota ) headed by a mayor ( Walikota ), and the rural regencies ( Kabupaten ) headed by a regent ( Bupati ). Each of the provinces, cities, and regencies also have their own legislatures, called the Regional People's Representative Council ( Dewan Perwakilan Rakyat Daerah or DPRD ). There are further administrative subdivisions below
2709-413: Is issued by the People's Consultative Assembly ( Majelis Permusyawaratan Rakyat , or MPR , the bicameral legislature of Indonesia), with legal binding power directly below the Constitution. Under the original, unamended 1945 Constitution, MPR is the highest state institution in Indonesia, with the sole power to exercise popular sovereignty, amend the Constitution, vote and elect the president, and enact
SECTION 20
#17327836322512838-665: Is planned to take effect in full after a three-year provisional period, despite similar concerns about its effect on civil rights and the rights of religious and sexual minorities. The new criminal code is finally enacted as Law No. 1/2023 on the Criminal Code. The code is expanded to 624 articles, split into 2 Books: "General Provisions" and "Crime"; The new code no longer differentiates crime from lesser misdemeanors. It also contains provisions regarding government acknowledgement of 'living laws' ( adat or customary rules) in punishing crimes. Pre-2023 Criminal Code Article 10 of
2967-542: Is still widely referred to as a city. The United Nations (UN) classifies Jakarta as a 'city' on its statistical database . The Special Region of Jakarta consists of five 'administrative cities' and one 'administrative regency' . Unlike other actual cities in Indonesia, administrative cities in Jakarta are not self-governing , and were only created for bureaucracy purposes. The administrative cities do not have city councils , and their mayors were exclusively selected by
3096-485: 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
3225-698: The Qanun , is used for Aceh legislations. Sharia criminal law is applicable in Aceh . Secondary source materials on Indonesian laws may be used. Opinions, doctrines, and academic writings, such as books and law journals written by legal scholars and practitioners may usually be used in court for providing explanation and elucidation purpose. Recently, the use of online websites and databases may provide an alternative channel to look for references, which otherwise may be hard to search by conventional means. Court decisions , case laws, or judge-made laws are not binding beyond
3354-472: The Dutch East Indies period, a city was governed as gemeente , or municipality , since the decentralisation law in 1903. The gemeente was a third-level subdivision, below residentie ( residency ) and gouvernement ( governorate ) or provincie ( province ). The terms kota besar (big city), and kota kecil (small city or town ), were used since the implementation of
3483-687: The Dutch East Indies campaign of 1941–42 the KNIL and the Allied forces were quickly defeated. All European soldiers, which in practice included all able bodied Indo-European males, were interned by the Japanese as POWs . Twenty-five percent of the POWs did not survive their internment. Following World War II, a reconstituted KNIL joined with Dutch Army troops to re-establish colonial "law and order". Despite two successful military campaigns in 1947 and 1948–1949, Dutch efforts to re-establish their colony failed and
3612-484: The Governor of Jakarta without any public election . Ryas Rasyid, an Indonesian regional government expert, stated that Jakarta is a "province with a city management". Anies Baswedan , the 17th Governor of Jakarta, asserted that "Jakarta has only an area of 600 square kilometres. It is a city with the province status." Unlike other 37 Indonesian provinces whose governors work in a 'governor office' ( Kantor Gubernur ),
3741-721: The Portuguese in 1512 who established a network of trading posts and fortresses throughout the region, including at the spice islands of the Maluku islands . In 1580 Portugal formed a union with Spain , and therewith entered the war with the Dutch Republic . Following disruption of Dutch access to spices, the first Dutch expedition set sail to reach the East Indies in 1595 to access spices directly from Asia. After many skirmishes and hardships , only one third of
3870-507: The Strait of Malacca . Britain was a protector of Aceh and it granted the Dutch request to conduct their anti-piracy campaign. The campaign quickly drove out the Sultan, but across Aceh numerous local Muslim leaders mobilised and fought the Dutch in four decades of expensive guerrilla war, with high levels of atrocities on both sides. Colonial military authorities tried to forestall a war against
3999-516: The 17th and 18th century. Punishments for slaves could be extremely harsh— for instance, runaway slaves and their accomplices could be subject to whipping, chain gangs, or death. Other punishments included the cutting of hands, ears, breasts and noses, forms of scaphism , being burned alive and the breaking wheel . In theory, slave masters did not have free rein to punish their own slaves as they wished. Punishments of slaves had to be decided in court, and certain punishments could only be applied when
City status in Indonesia - Misplaced Pages Continue
4128-644: The 19th century and there were no significant famines in Java after the 1840s. Another source of profit were the so-called coolies , a name for low-wage indentured laborers. After the abolition of the Cultivation System in 1870, the economy shifted to private companies such as the Deli Company , which was founded on Sumatra in 1869. Large-scale plantations were built to grow cash crops and Javanese, Chinese, Malay, Batak and Indian people were shipped to
4257-463: The 19th century, and coal and oil exploration in the 20th century. The colonial social order was rigidly racial with the Dutch elite living separately from but linked to their native subjects. The term Indonesia was used for the geographical location after 1880. In the early 20th century, local intellectuals conceived Indonesia as a nation state , setting the stage for an independence movement. Japan's World War II occupation dismantled much of
4386-526: The 19th century, the Cultivation System ("Cultuurstelsel") was implemented in 1830. Under this system it was stipulated that Indonesian farmers had to use 20% of their farmland for the cultivation of cash crops for export such as indigo, coffee and sugar. Through this system considerable profits were made; the net profit for the Dutch treasury is estimated at 4% of the Dutch GDP at the time and around 50% of total state revenue. The system proved disastrous for
4515-475: The 19th century, the Dutch fought many wars against indigenous rulers and peoples, which caused hundreds of thousands of deaths. Dutch rule reached its greatest territorial extent in the early 20th century with the occupation of Western New Guinea . The Dutch East Indies was one of the most valuable colonies under European rule, though its profits depended on exploitative labor. The colony contributed to Dutch global prominence in spice and cash crop trade in
4644-611: The Act Number 22 of 1948. Kota Besar was an urban equivalent of kabupaten ( regency ), which was the country's second level subdivision, just below province . Kota kecil , used for a small urban area, was the third-level division below regency and province. According to the Act Number 18 of 1965, cities in Indonesia were classified into three: kotaraya (great city, first-level subdivision), kotamadya (medium city, second-level subdivision), and kotapraja (small city or town, third-level subdivision). Kotaraya
4773-631: The British secured the Dutch settlement of Singapore as well as Dutch possessions in the Malay Peninsula ( Malaya ) and Dutch India . The resulting borders between former British and Dutch possessions remain today between modern Malaysia and Indonesia. Since the establishment of the VOC in the 17th century, the expansion of Dutch territory had been a business matter. Graaf van den Bosch 's governor-generalship (1830–1835) confirmed profitability as
4902-400: 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,
5031-645: The Dutch East Indies were considered crucial for the Japanese war effort. Allied forces were quickly overwhelmed by the Japanese and on 8 March 1942 the Royal Dutch East Indies Army surrendered in Java. Fuelled by the Japanese Light of Asia war propaganda and the Indonesian National Awakening , a vast majority of the indigenous Dutch East Indies population first welcomed the Japanese as liberators from
5160-547: The Dutch East Indies. In 1811 Daendels was replaced by Governor-General Jan Willem Janssens , but shortly after his arrival, British forces occupied several Dutch East Indies ports including the Spice islands in 1810 and Java the following year , leading to Sir Thomas Stamford Raffles becoming Lieutenant Governor. Following Napoleon's defeat at the 1815 Battle of Waterloo and the Congress of Vienna , independent Dutch control
5289-563: The Dutch Parliament on 20 December 1946. It was formally signed by the parties on 25 March 1947 in Djakarta, with the Indonesian side rejecting the "elucidation". After this high point in the relations between the two countries, the situation rapidly deteriorated. On both sides more extreme parties got the upper hand. The Dutch unilaterally instituted an interim government for the colony on a "federal" basis, with representation for
City status in Indonesia - Misplaced Pages Continue
5418-594: The Dutch colonial state and economy. Following the Japanese surrender on 15 August 1945, Indonesian nationalist leaders Sukarno and Hatta declared independence , instigating the Indonesian National Revolution . The Dutch, aiming to re-establish control of the archipelago, responded by deploying roughly 220,000 troops, who fought the Indonesian nationalists in attrition warfare . The United States threatened to terminate financial aid for
5547-478: The Dutch conquests were installed as regents and indigenous aristocracy became an indigenous civil service. While they lost de facto control, their wealth and splendour under the Dutch grew. This indirect rule did not disturb the peasantry and was cost-effective for the Dutch; in 1900, only 250 European and 1,500 indigenous civil servants, and 16,000 Dutch officers and men and 26,000 hired native troops, were required to rule 35 million colonial subjects. From 1910,
5676-541: The Dutch created the most centralised state power in Southeast Asia . Politically, the highly centralised power structure established by the Dutch administration, including the exorbitant powers of exile and censorship, was carried over into the new Indonesian republic. A People's Council called the Volksraad for the Dutch East Indies commenced in 1918. The Volksraad was limited to an advisory role and only
5805-867: The English as the Dutch East Indies , to keep it distinct from the Dutch West Indies . The name Dutch Indies is recorded in the Dutch East India Company 's documents of the early 1620s. Scholars writing in English use the terms Indië , Indies , the Dutch East Indies , the Netherlands Indies , and colonial Indonesia interchangeably. At the time when Europeans arrived, the Indonesian archipelago supported various states, including commercially oriented coastal trading states and inland agrarian states (the most important were Srivijaya and Majapahit ). Since centuries BCE
5934-499: The European legal class and in 1922 a supplemental legal enactment introduced the creation of a 'Home guard' ( Dutch : Landstorm ) for European conscripts older than 32. Petitions by Indonesian nationalists to establish military service for indigenous people were rejected. In July 1941 the Volksraad passed law creating a native militia of 18,000 by a majority of 43 to 4, with only the moderate Great Indonesia Party objecting. After
6063-700: The Indies. During the occupation, the Njai and their mixed-race children were forcefully separated from European men, who were put into internment camps. After Sukarno proclaimed an independent Indonesia, the Njai were forced to choose between going with their partners to Europe, or staying in Indonesia. The Netherlands capitulated their European territory to Germany on May 14, 1940. The royal family fled to exile in Britain. Germany and Japan were Axis allies. On 27 September 1940, Germany, Hungary , Italy and Japan signed
6192-657: The Japanese surrender in August 1945, nationalist leaders Sukarno and Mohammad Hatta declared Indonesian independence. A four-and-a-half-year struggle followed as the Dutch tried to re-establish their colony; although Dutch forces re-occupied most of Indonesia's territory a guerrilla struggle ensued, and the majority of Indonesians, and ultimately international opinion, favoured Indonesian independence. The Netherlands committed war crimes: summary and arbitrary killings of Indonesian villagers and farmers, torture of Indonesian prisoners and execution of prisoners. Ad van Liempt documented
6321-430: The Japanese, the internment of all Dutch citizens meant that Indonesians filled many leadership and administrative positions. In contrast to Dutch repression of Indonesian nationalism, the Japanese allowed indigenous leaders to forge links among the masses, and they trained and armed the younger generations. According to a UN report, four million people died in Indonesia as a result of the Japanese occupation. Following
6450-486: The Nederlandsch-Indische Wetboek van Strafrecht which in turn was based on French Penal Code of 1810 and Wetboek van Strafrecht (Nederland) . The criminal procedural code is post-colonial, enacted into law in 1981. Under the previous pre-2023 Criminal Code, Indonesian criminal legal system recognized two types of criminal acts: the heavier crimes ( Kejahatan or Misdrijven ) and
6579-529: The Netherlands made peace in 1949. In the Anglo-Dutch Treaty of 1824 , the Dutch ceded the governorate of Dutch Malacca to Britain, leading to its eventual incorporation into Malacca (state) of modern Malaysia . The Dutch East Indies was formed from the nationalised trading posts of the Dutch East India Company , which came under the administration of the Dutch government in 1800. During
SECTION 50
#17327836322516708-404: The Netherlands government apologised for the violence used against the Indonesian people, an apology repeated by King Willem-Alexander on a state visit in 2020. To this day, the colonial war is commonly referred to as "police actions" in the Netherlands. Since the VOC era, the highest Dutch authority in the colony resided with the office of the governor-general. During the Dutch East Indies era
6837-549: The Netherlands recognised Indonesian sovereignty in December 1949. The KNIL was disbanded by 26 July 1950 with its indigenous personnel being given the option of demobilising or joining the Indonesian military . At the time of disbandment the KNIL numbered 65,000, of whom 26,000 were incorporated into the new Indonesian Army. The remainder were either demobilised or transferred to the Netherlands Army. Key officers in
6966-526: The Netherlands under the Marshall Plan if they did not agree to transfer sovereignty to Indonesia, leading to Dutch recognition of Indonesian sovereignty at the 1949 Dutch–Indonesian Round Table Conference . Indonesia became one of the leading nations of the Asian independence movement after World War II. During the revolution and after Indonesian independence, almost all Dutch citizens repatriated to
7095-476: The Netherlands. In 1962, the Dutch turned over their last possession in Southeast Asia, Dutch New Guinea ( Western New Guinea ), to Indonesia under the provisions of the New York Agreement . At that point, the entirety of the colony ceased to exist. The word Indies comes from Latin : Indus ( Names for India ). The original name Dutch Indies ( Dutch : Nederlandsch-Indië ) was translated by
7224-499: The Provincial DPRD, city ordinances ( Peraturan Daerah Kota or Perda Kota ) issued by the city DPRD, and regency ordinances ( Peraturan Daerah Kabupaten or Perda Kabupaten ) issued by the regency DPRD. The provincial ordinances is higher in rank than the city and regency ordinances, though sometimes legislations passed on the national level allowed them to be directly executed with city and regency ordinances, bypassing
7353-549: The Supreme Court in Batavia, dealt with appeals and monitored judges and courts throughout the colony. Six councils of justice (Raad van Justitie) dealt mostly with crime committed by people in the European legal class and only indirectly with the indigenous population. The land councils (Landraden) dealt with civil matters and less serious offences like estate divorces, and matrimonial disputes. The indigenous population
7482-751: The VOC arrived in the Indonesian archipelago, they started to use and expand upon the then-existing indigenous system of slavery. In certain places slaves were used on plantations such as on the Maluku islands, namely the Banda islands where most of the local population had been deported or exterminated by the VOC to be replaced with slaves. Dutch slaves worked in agriculture, manufacturing, and services, but most were used as domestic servants including housemaids and houseboys, cooks, seamstresses, musicians, and concubines. Slaves could be acquired through trade at indigenous slave markets or captured on raids. In certain cases
7611-414: The VOC stirred up ethnic tensions between rivalling populations in the hope they could cheaply buy war captives at slave markets after the conflict. Slaves were transported from islands in Indonesia itself, or from other countries such as India and China. Estimates of the scale of the slave trade in the Dutch East Indies are scant, but it is suggested that around 1 million slaves were active during its peak in
7740-514: The absolute right to ban, censor or restrict any publication in the colony. The so-called exorbitant powers of the governor-general allowed him to exile anyone regarded as subversive and dangerous to peace and order, without involving any Court of Law. Until 1848 the governor-general was directly appointed by the Dutch monarch, and in later years via the Crown and on advice of the Dutch metropolitan cabinet. During two periods (1815–1835 and 1854–1925)
7869-772: The archipelago independently with their own custom laws, known as adat (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 adat 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
SECTION 60
#17327836322517998-756: The archipelago to prevent intervention from other Western powers during the European push for colonial possessions . As exploitation of Indonesian resources expanded off Java, most of the outer islands came under direct Dutch government control or influence. The Dutch subjugated the Minangkabau of Sumatra in the Padri War (1821–38) and the Java War (1825–30) ended significant Javanese resistance. The Banjarmasin War (1859–1863) in southeast Kalimantan resulted in
8127-458: The bankruptcy of the VOC in 1798, but continued under Dutch state rule. Due to growing international criticism slavery was eventually abolished in the Dutch East Indies in 1860. In reality this was mostly limited to the slaves present on Java and Madura, whose masters were financially compensated for the loss of their workforce. However, on many other islands where slave masters were more often indigenous rulers, little changed. The main reason for this
8256-640: The binding power of some Resolutions (such as the Resolution to ban the Marxist–Leninist ideology) and declared the rest as completely or partially devoid of legal powers. Previously in 2000, MPR included the Resolutions in the official hierarchy of Indonesian legislations, but removed it in a 2004 Legislation Act. Finally in 2011 an amended Legislation Act was enacted, reintroducing the Tap MPR into
8385-452: The case and the parties; Stare decisis or precedents is not directly applicable in Indonesia, as is common with other civil law countries. However, decisions of the Supreme Court and the Constitutional Court, including the attached dissenting and concurring opinions, are considered to have persuasive force of precedence and are usually referred to at subsequent cases. Still, judges are not bound to apply previous decisions, and will mainly use
8514-405: The case in national-level Acts lawmaking procedures, the DPRDs and the regional heads of government can propose bills of law to be deliberated in the DPRD. If an agreement has been reached, the regional heads of government will sign the bill into an ordinance, then the bill will automatically enacted into an ordinance within thirty days. As Indonesia is considered to prescribe to civil law system,
8643-435: The cities and regencies, but they do not issue legislations. Several regions may use different nomenclatures for their subdivisions, but are principally still the same. Ordinances or regional regulations ( Peraturan Daerah or Perda ) are sets of legislations issued by the regional government applicable under their respective jurisdictions: provincial ordinances ( Peraturan Daerah Provinsi or Perda Provinsi ) issued by
8772-448: The code as 'other punishments specified for particular crimes in other rules'). Dutch East Indies The Dutch East Indies , also known as the Netherlands East Indies ( Dutch : Nederlands(ch)-Indië ; Indonesian : Hindia Belanda ), was a Dutch colony with territory mostly comprising the modern state of Indonesia , which declared independence on 17 August 1945. Following the Indonesian War of Independence , Indonesia and
8901-446: The colonial Government Navy . The KNIL was not part of the Royal Netherlands Army , but a separate military arm commanded by the governor-general and funded by the colonial budget. The KNIL was not allowed to recruit Dutch conscripts and had the nature of a ' Foreign Legion ' recruiting not only Dutch volunteers, but many other European nationalities (especially German, Belgian and Swiss mercenaries). While most officers were Europeans,
9030-429: The colonial Dutch empire, but this sentiment quickly changed as the occupation turned out to be far more oppressive and ruinous than the Dutch colonial government. The Japanese occupation during World War II brought about the fall of the colonial state in Indonesia, as the Japanese removed as much of the Dutch government structure as they could, replacing it with their own regime. Although the top positions were held by
9159-558: The colonial justice system. The Coolie Ordinances ("Poenale sanctie") of 1880, which allowed the plantation owners to serve as judge, jury and executioner resulted in widespread atrocities. It included a penal sanction which allowed owners to physically punish their coolies as they saw fit. Punishments that were used against coolies included whippings or beatings, after which the open wounds were rubbed with salt. Other punishments used were electrocution, crucifixion and suspending coolies by their toes or thumbs until they broke. Medical care for
9288-571: The colony from 1913, and quasi-diplomatic ties were established with Arabia to manage the Haji pilgrimage from the Dutch East Indies. In 1922 the colony came on equal footing with the Netherlands in the Dutch constitution, while remaining under the Ministry of Colonies. The governor-general led a hierarchy of Dutch officials: the residents, the assistant residents, and district officers called controllers . Traditional rulers who survived displacement by
9417-573: 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 ( Majelis Permusyawaratan Rakyat ) 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
9546-469: The coolies was scarce and often aimed at healing punished coolies so they could return to work or be tortured more extensively. Rape of adult female coolies as well as their children was also common. The coolie system was heavily criticized, especially after 1900 with the rise of the so-called "Ethical Politics". A critical pamphlet named "De miljoenen uit Deli" was published by J. van den Brand. The document described abuses committed against coolies including
9675-543: The correctional facility. In response to the communist uprising of 1926 the prison camp Boven-Digoel was established in New Guinea . As of 1927, political prisoners, including indigenous Indonesians espousing Indonesian independence, were 'exiled' to the outer islands. The Dutch East Indies was divided into three gouvernementen —Groot Oost, Borneo and Sumatra—and three provincies in Java. Provincies and gouvernementen were both divided into residencies, but while
9804-659: The current law of Indonesia. 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: In practice, there are also presidential decrees ( Keputusan Presiden or Keppres), presidential instructions ( Instruksi Presiden or Inpres), ministerial regulations ( Peraturan Menteri or Permen) , ministerial decrees ( Keputusan Menteri or Kepmen) and circulars ( Surat Edaran or SE) , all of which are legally binding and sometimes in conflict with each other. Once
9933-481: The declaration of independence in 1945, Dutch control over the Indonesian archipelago was always tenuous. Although Java was dominated by the Dutch, many areas remained independent throughout much of this time, including Aceh , Bali , Lombok and Borneo . There were numerous wars and disturbances across the archipelago as various indigenous groups resisted efforts to establish Dutch hegemony, which weakened Dutch control and tied up its military forces. Piracy remained
10062-411: The declaration of war with Japan, over 100,000 natives volunteered. The KNIL hastily and inadequately attempted to transform them into a modern military force able to protect the Dutch East Indies from Imperial Japanese invasion. On the eve of the Japanese invasion in December 1941, Dutch regular troops in the East Indies comprised about 1,000 officers and 34,000 men, of whom 28,000 were indigenous. During
10191-464: The defeat of the Sultan. After failed expeditions to conquer Bali in 1846 and 1848 , an 1849 intervention brought northern Bali under Dutch control. The most prolonged military expedition was the Aceh War in which a Dutch invasion in 1873 was met with indigenous guerrilla resistance and ended with an Acehnese surrender in 1912. Disturbances continued to break out on both Java and Sumatra during
10320-628: The executive branch, the Regional Representatives Council ( Dewan Perwakilan Daerah 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. Resolution of the People's Consultative Assembly ( Ketetapan Majelis Permusyawaratan Rakyat ) or Tap MPR in short
10449-447: The facts presented to the court to reach a decision. Main sources of law for Indonesian criminal law come from the criminal code ( Kitab Undang-Undang Hukum Pidana ) and the criminal procedural code ( Kitab Undang-Undang Hukum Acara Pidana ). Other rules concerning a more specific subject on criminal actions may come from Acts and other regulations. The criminal code is a localized, translated version of Dutch colonial criminal code,
10578-623: The form of marriage and inheritance laws for Muslims. Its rules is directly applied in the Religious Court, and currently an official compilation of applicable marriage and inheritance laws existed and later adopted as a statute, in the form of Presidential Instruction No. 1/1991 on the Introduction of Islamic Law Compilation. Later, a 2006 amendment for the 1989 Religious Court Act expanded the religious courts' authority to include hearing cases of Sharia economy disputes. Another one,
10707-423: The foundation of official policy, restricting its attention to Java, Sumatra and Bangka . However, from about 1840, Dutch national expansionism saw them wage a series of wars to enlarge and consolidate their possessions in the outer islands. Motivations included the protection of areas already held, the intervention of Dutch officials ambitious for glory or promotion, and the aim to establish Dutch claims throughout
10836-418: The governor of Jakarta works in a city hall ( Balai Kota DKI Jakarta ). Law of Indonesia [REDACTED] [REDACTED] [REDACTED] [REDACTED] [REDACTED] Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law . Before the British presence and colonization began in the sixteenth century, indigenous kingdoms ruled
10965-400: The governor-general functioned as chief executive president of colonial government and served as commander-in-chief of the colonial army ( KNIL ). Until 1903 all government officials and organisations were formal agents of the governor-general and were entirely dependent on the central administration of the 'office of the governor-general' for their budgets. Until 1815 the governor-general had
11094-555: The governor-general ruled jointly with an advisory board called the Raad van Indie (Indies Council). Colonial policy and strategy were the responsibility of the Ministry of Colonies based in The Hague . From 1815 to 1848 the ministry was under direct authority of the Dutch king. In the 20th century the colony gradually developed as a state distinct from the Dutch metropole with its treasury separated in 1903, public loans being contracted by
11223-474: The house they worked in as so-called "Indigenous Furniture" ( Inlands Meubel ). Njai were also not allowed custody of the children they had with their Dutch masters, and when they were fired, their children would be taken away. By the 1910s the number of Njai had decreased, although prostitution had become more prevalent. The practice had not died out, however, by the time the Empire of Japan invaded and occupied
11352-524: The immediate DPR session (regular or extraordinary). If approved, Perppu will be enacted into an act. If not approved, said Perppu will be devoid of any legal power, and the president must submit a bill to repeal the Perppu. But during the time period between promulgation by the president and approval by DPR, Perppu is still a legally binding legislation with the same power as a proper Act. Government regulations ( Peraturan Pemerintah or PP ) are issued by
11481-412: The islands were part of migratory and commercial exchange within Southeast Asia , India , Arabian peninsula and east-Africa . From classical antiquity onwards the archipelago was also a major part of the global spice trade . For centuries Hindu-Buddhist civilizations were dominant; however, increasing trade links instigated the spread of Islam . By the 16th century, a large part of the archipelago
11610-411: The issuance of provincial ordinances. The ordinances regulated specific matters pertaining regional autonomy, facilitation of local situations, and executions of legislations of higher level than the ordinances. The governors, mayors, and regents may issue their own regulations, decrees, and instructions to further execute and specified matters of the ordinances into applicable policies. Similarly with
11739-407: The late 19th century, increasing numbers of Dutch immigrants arrived in colonial Indonesia, leading to a shortage of available women, as most immigrants were men. The Dutch then bought the "Njai", who were indigenous women who officially served as maids but were often also used as concubines . While officially contract workers, these women enjoyed few rights. They could be bought and sold together with
11868-442: The legal system is heavily reliant on statutory laws . Generally, all legislations explicitly mentioned in the official hierarchy of Indonesian laws (the hierarchy of legislations mentioned above) is legally binding and applicable as a source of law. Other legally binding legislations not included in the official hierarchy may be mentioned in the attached elucidation of the 2011 Lawmaking Act. Treaties ratified into an act also serve as
11997-577: The lesser misdemeanors ( Pelanggaran or Overtredingen ). However this distinction is abolished with the new Criminal Code enacted in 2023. The pre-2023 Criminal Code (Staatsblad 1915:732, entered into force in 1918, adopted by independent Indonesia by Law No. 1/1946 to be applied in Java and Madura, and finally made applicable nationwide by Law No. 73/1958) is divided into three "Books". First Book deals with general provisions including extent of application, punishment, participation in punishable acts, filing of complaints in criminal cases, and lapse of
12126-473: The local population; at its height, over 1 million farmers worked under the Cultuurstelsel and the extreme incentive for profit resulted in widespread abuses. Farmers were often forced to either use more than 20% of their farmland, or the most fertile land, for cultivation of cash crops. The system led to an increase in famine and disease among Javanese peasants in the 1840s. According to one estimate,
12255-456: The majority of soldiers were indigenous Indonesians, the largest contingent of which were Javanese and Sundanese . Dutch policy before the 1870s was to take full charge of strategic points and work out treaties with the local leaders elsewhere so they would remain in control and co-operate. The policy failed in Aceh , in northern Sumatra, where the Sultan tolerated pirates who raided commerce in
12384-505: The mass murder of 364 Indonesians by Dutch soldiers in the village of Galoeng Galoeng. Alfred Edelstein and Karin van Coevorden, documented later the execution of hundreds of men in the village of Rawagede . The independence movement during the later phases of the Bersiap also targeted Dutch and Eurasian civilians, particularly under the direction of Sutomo who personally supervised the summary executions of hundreds of civilians. After
12513-576: The mortality rates increased by as much as 30% during this period. Due to widespread criticism of the system, it was abolished in 1870. According to one study, the mortality rate in Java would have been 10–20% higher by the late 1870s if the Cultivation system had not been abolished. The introduction of trucks, railways, telegraph systems, and more coordinated distribution systems all contributed to famine elimination in Java which had historically been common. Java experienced rapid population growth during
12642-610: The observance and enforcement of adat laws involve elder member of the society as well as their collective will and awareness. No single, unified adat laws apply for the whole Indonesian society; Every ethnic groups have their own sets of adat laws. It is similar to how conventions work, with the addition of an evolutionary characteristic of adat laws. For example, adat laws observed in Minang society of west Sumatran highlands initially ascribed toward worship of ancestors, as well as Hindu-Buddhist faith. After Islam
12771-412: The official hierarchy of Indonesian legislations, but not confirming MPR power to issue further resolutions. Acts or laws ( Undang-Undang or UU ) can only be enacted by the DPR with the president's assent. The president , DPR, and DPD can propose a bill of law ( Rancangan Undang-Undang or RUU ) to be deliberated by the DPR. During the process of drafting and deliberating a bill, DPR forms
12900-486: The ongoing expense of war, corruption, and mismanagement led to bankruptcy by the end of the 18th century. The company was formally dissolved in 1800 and its colonial possessions in the Indonesian archipelago (including much of Java , parts of Sumatra , much of Maluku , and the hinterlands of ports such as Makasar , Manado and Kupang ) were nationalized under the Dutch Republic as the Dutch East Indies. When
13029-468: The only urban area with a province status. The term kota administratif (administrative city, not to be confused with kota administrasi ) was used after the implementation of Act Number 5 of 1974. Kota administratif status was granted to a town inside the territory of a regency ( kabupaten ) that were deemed necessary in accordance with the town's growth and development. Kota administratif does not have autonomy and its own legislature, and
13158-536: The original crew made it back to Holland and other Dutch expeditions soon followed. Recognising the potential of the East Indies trade, the Dutch government amalgamated the competing companies into the United East India Company ( Vereenigde Oost-Indische Compagnie or VOC). In March 1602 the VOC was granted a charter to wage war, build fortresses, and make treaties across Asia. A capital
13287-560: The parts of the colony not represented by the Republik. This was unacceptable to Sukarno. Sjahrir proposed a compromise, but this was rejected by the Dutch. Sjahrir resigned and was replaced by Sjarifuddin. Sukarno declared a state of emergency in the areas that were in the hands of the Republik and assumed charge of the negotiations. The situation deteriorated further, and the Dutch resorted to military intervention under Operation Product (or first "politionele actie" ). The Commission General
13416-802: The plantations in Sumatra and Java to perform harsh labor. It is estimated that over 500,000 coolies were transported to Sumatra during the late 19th and early 20th century. The precise death rate among coolie laborers is hard to estimate due to scarce or unreliable records but has been estimated to be as high as 25% in certain places, with a possible death toll of many tens of thousands. While coolies were often paid laborers who worked out of free will, in practice their circumstances often involved forced labor and more closely resembled slavery. They were often misled when signing work contracts or even forced to sign contracts. Others were kidnapped or forced to work due to debts or were criminals sentenced to forced labour by
13545-645: The political situation in Indonesia devolved into a deadlock the new Dutch government, led by Louis Beel of the Catholic People's Party, formed a Commissie-Generaal voor Nederlands-Indië (Commission General for the Dutch Indies) on 14 September 1946. This Commission-General consisted of Willem Schermerhorn , Dutch Prime Minister from 1945 to 1946; F. De Boer, Liberal politician; Max van Poll, Catholic Party politician; and Hubertus van Mook , Lieutenant-Governor General (ex officio). The Commission achieved
13674-412: The population by means of a 'strategy of awe'. When a guerrilla war did take place the Dutch used either a slow, violent occupation or a campaign of destruction. By 1900 the archipelago was considered "pacified" and the KNIL was mainly involved with military police tasks. The nature of the KNIL changed in 1917 when the colonial government introduced obligatory military service for all male conscripts in
13803-491: The pre-2023 Criminal Code rules on the initial sets of punishments imposed on people convicted of a crime. There are two types of punishments: Main and Additional Punishments. Main punishments consist of: Additional punishments, which imposed only to complement the main punishments, consist of: 2023 Criminal Code Article 64 of the new Criminal Code rules on three types of punishment categories: Main punishments , Additional punishments , and Capital punishment (written in
13932-535: The president in the name of the Government to execute an act into proper government policies and regulations. Presidential regulations ( Peraturan Presiden or Perpres ) are issued by the president to execute an act and its government regulation into sets of a more flexible and matter-specific policies and regulations, usually to be further executed by relevant institutions, ministries, and agency. Under current Indonesian administrative subdivisions, Indonesia
14061-526: The remainder of the 19th century. This included the Banten Peasant's Revolt in the aftermath of the tremendous eruption of Krakatoa in 1883. However, the island of Lombok came under Dutch control in 1894, and Batak resistance in northern Sumatra was quashed in 1895. Towards the end of the 19th century, the balance of military power shifted towards the industrialising Dutch and against pre-industrial independent indigenous Indonesian polities as
14190-649: The remaining independent local rulers. Southwestern Sulawesi was occupied in 1905–06, the island of Bali was subjugated with military conquests in 1906 and 1908 , as were the remaining independent kingdoms in Maluku, Sumatra, Kalimantan and Nusa Tenggara . Other rulers including the Sultans of Tidore in Maluku, Pontianak (Kalimantan) and Palembang in Sumatra , requested Dutch protection from independent neighbours thereby avoiding Dutch military conquest and were able to negotiate better conditions under colonial rule. The Bird's Head Peninsula ( Western New Guinea ),
14319-694: The residencies under the provincies were divided again into regentschappen , residencies under gouvermenten were divided into afdeelingen first before being subdivided into regentschappen . The Royal Netherlands East Indies Army (KNIL) and its air arm, the Royal Netherlands East Indies Army Air Force (ML-KNIL), were established in 1814 and 1915, respectively. Naval forces of the Royal Netherlands Navy were based in Surabaya , supplemented by
14448-459: The right to prosecute and definitions. Second Book deals with crimes including crimes against the state, against public order, crimes against life, and crimes against the person and property. Third Book sets out the misdemeanors, which are the lesser crimes. The Indonesian government has considered changes to the criminal code ever since independence, with the colonial-era code being seen as a mismatch with current national culture and values. In 2019,
14577-476: The second politionele actie, or Operation Kraai , in December 1948. This was militarily successful (the Dutch managed to capture Sukarno), but again international political pressure forced the Dutch to back down and be party to the Roem–Van Roijen Agreement (7 May 1949). The Dutch–Indonesian Round Table Conference then started on 22 August 1949, which led to the agreement to transfer sovereignty to
14706-484: The slave was found guilty in an official court case. In reality however abuse of slaves by their masters was rampant and often went unpunished. Beatings and whippings were a commonplace punishment for disobedient slaves. Rape of female slaves by their masters was a common occurrence as well, as these women and girls were obliged to provide sexual services for their masters. Refusing to do so could result in severe physical punishment. Slavery and its excesses did not end with
14835-399: The technology gap widened. Military leaders and Dutch politicians believed they had a moral duty to free the native Indonesian peoples from indigenous rulers who were considered oppressive, backward, or disrespectful of international law. Although Indonesian rebellions broke out, direct colonial rule was extended throughout the rest of the archipelago from 1901 to 1910 and control taken from
14964-478: The torture and sexual abuse of a 15-year-old female coolie who had rejected sexual advances of a Dutch plantation overseer. The penal sanction was eventually abolished in 1931 and the Coolie Ordinances ended in the early 1940s. During earlier stages of colonization female indigenous sex slaves were bought by Dutch colonials, but this practice was cut short after 1860 with the abolition of slavery. In
15093-600: The unruliest inmates. In the Sawahlunto prison on Sumatra prisoners had to perform manual labour in the coal mines. Separate prisons were built for juveniles (West Java) and for women. In the Bulu women's prison in Semarang inmates had the opportunity to learn a profession during their detention, such as sewing, weaving and making batik . This training was held in high esteem and helped re-socialise women once they were outside
15222-439: The unwritten laws to irrelevance. Conventions or customary norms are rules that was followed by official authority and considered an applicable law, even though it was not enacted through any official means. These conventions are usually rules which are conducted and abided by society in a similar situation, all while a legal belief must exist that said rules are binding as law ( Opinio juris sive necessitatis ). In Indonesia,
15351-560: Was adopted as an integral faith within the Minang people, Islamic values began to be inserted into the adat laws of Minang people, without completely abolishing the existing values. Sharia Law as a whole is not considered to be part of Indonesian unwritten laws. However, a deep influence of Islam existed on how to approach Indonesian laws, and aspects of Sharia Law is applicable on certain aspects of Indonesian Muslims' livelihood. Initial major presence of Islam in Indonesian laws existed in
15480-417: Was brought under Dutch administration in 1920. This final territorial range would form the territory of the Republic of Indonesia . The colonial wars in the Dutch East Indies exacted a heavy toll on the Indonesian population, with around 3 to 4 million deaths including both direct war casualties and indirect victims of war due to famine and disease. Due to the high monetary costs of several Dutch conquests in
15609-401: Was created in Batavia, and on 1 April 1905, it became the very first municipality ( gemeente ) of the Dutch East Indies . Upon Indonesian independence, it remains as the city within the province of West Java . With the release of the Act Number 1 of 1957, Jakarta became the first provincial-level city in Indonesia. Although Jakarta is now written as a 'province' in Indonesian law products, it
15738-478: Was dissolved in 1942 during the Japanese occupation. The legal system was divided by the three main ethnic groups classified under the Dutch colonial administration— Europeans, Foreign Orientals (Arabs and the Chinese) and the indigenous— which were subject to their own legal systems that were all simultaneously in force. The Dutch government adapted the Dutch codes of law in its colony. The highest court of law,
15867-518: Was dissolved on 15 November 1947 after Schermerhorn and Van Poll resigned. The Politionele Actie did not achieve its goals, and international pressure forced the Dutch government to accept a cease-fire and the Renville Agreement (17 January 1948). This agreement, however, did not lead to a solution. Provocative actions from both sides led to a tense military situation, and the Dutch for the second time resorted to military intervention with
15996-476: Was established in Batavia (now Jakarta ), which became the center of the VOC's Asian trading network. To their original monopolies on nutmeg , peppers , cloves and cinnamon , the company and later colonial administrations introduced non-indigenous cash crops like coffee, tea, cacao, tobacco, rubber, sugar and opium, and safeguarded their commercial interests by taking over surrounding territory. Smuggling,
16125-409: Was financial, as the Dutch state at that time did not want to spend the money necessary to free the slaves on the more distant islands. Another reason was to appease local rulers and to prevent political turmoil. Due to the lax policy of the Dutch state slavery persisted in parts of the Dutch East Indies well into the 20th century. From the arrival of the first Dutch ships in the late 16th century, to
16254-409: Was responsible to its parent regency. The term kota administratif was abolished with the implementation of Act Number 22 of 1999, and all kota administratif were either granted full kota (city) status or dissolved and merged with its parent regency. The term kota (city) has been implemented to substitute kotamadya since the post-Suharto era in Indonesia . Kota is headed by
16383-509: Was restored in 1816 on the basis of the Anglo-Dutch Treaty of 1814 . The Commissioners-General of the Dutch East Indies reformed the public finances of the colony and drew up a new Regeringsreglement that would define the government of the colony for a century. Under the 1824 Anglo-Dutch Treaty the Dutch secured the Kepaksian Pernong Sekala Brak and British settlements such as Bengkulu , both in Sumatra , and
16512-560: Was ruled under Islamic kingdoms , except Bali that retained a Hindu majority. Sultanates, city states , local kingdoms and tribes were all connected through trade, creating a mixed Hindu-Buddhist-Islamic culture , and Malay as a lingua franca throughout the region. The islands were known to the Europeans and were sporadically visited by expeditions such as that of Italians Marco Polo in 1292 and Odoric of Pordenone in 1321. The first Europeans to establish themselves in Indonesia were
16641-439: Was subject to their respective adat law and to indigenous regents and district courts, unless cases were escalated before Dutch judges. Following Indonesian independence, the Dutch legal system was adopted and gradually a national legal system based on Indonesian precepts of law and justice was established. By 1920 the Dutch had established 350 prisons throughout the colony. The Meester Cornelis prison in Batavia incarcerated
#250749