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68-690: Before 1910, “Hukum Adat” or Adat laws applied in Indonesia. When the Dutch colonized Indonesia in 1910, they set up a civil law system that took precedence over the Adat laws. In terms of the criminal procedure, for example, the Dutch enacted two statutes to govern different parts of Indonesia. The Herziene Inlandsch/Indonesisch Reglement ("HIR") applied to Jawa and Madura, while the Rechtsreglement Buitengewesten ("Rbg") applied to

136-405: A statute and a code. The most pronounced features of civil systems are their legal codes , with concise and broadly applicable texts that typically avoid factually specific scenarios. The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed. The civil law system is the most widespread system of law in

204-465: A broad sense as jus commune . It draws heavily from Roman law, arguably the most intricate known legal system before the modern era. In civil law legal systems where codes exist, the primary source of law is the law code , a systematic collection of interrelated articles, arranged by subject matter in some pre-specified order. Codes explain the principles of law, rights and entitlements, and how basic legal mechanisms work. The purpose of codification

272-585: A civil code whose interpretations rely on both the civil and common law systems. Because Puerto Rico 's Civil Code is based on the Spanish Civil Code of 1889, available jurisprudence has tended to rely on common law innovations due to the code's age and in many cases, obsolete nature. Several Islamic countries have civil law systems that contain elements of Islamic law . As an example, the Egyptian Civil Code of 1810 that developed in

340-510: A clear provision on the admissibility of illegally obtained evidence. Hence, the prosecution can present evidence that was obtained through torture, ill-treatment, or contrary to any provision in the KUHAP. Furthermore, there is no judicial avenue for an accused to seek redress if illegal evidence were presented at trial. This undermines the legal safeguards in the KUHAP. Counsel has a right to contact his client “at every moment.” However, this right

408-579: A mixture of French and German civil law in the 19th century. After the reunification of Poland in 1918, five legal systems (French Napoleonic Code from the Duchy of Warsaw , German BGB from Western Poland, Austrian ABGB from Southern Poland, Russian law from Eastern Poland, and Hungarian law from Spisz and Orawa ) were merged into one. Similarly, Dutch law , while originally codified in the Napoleonic tradition, has been heavily altered under influence from

476-494: A result of judicial decisions, recognising prior court decisions as legally binding precedent . Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis , but heavily overlain by Napoleonic , Germanic , canonical , feudal, and local practices, as well as doctrinal strains such as natural law , codification, and legal positivism . The Napoleonic Code

544-433: A suspect by using threats of detention to pressure a suspect to confess that he is guilty. In addition, the KUHAP does not ensure that detainees are brought to court promptly. Under the KUHAP, a suspect can be detained for up to 60 days without judicial intervention. For example, if the police detains a suspect for 20 days under Art24(1), a prosecutor can extend this detention for another 40 days under Art 24(2). Please refer to

612-729: Is based heavily on the French and Spanish codes, as opposed to English common law . In Louisiana, private law was codified into the Louisiana Civil Code . Current Louisiana law has converged considerably with American law, especially in its public law , judicial system, and adoption of the Uniform Commercial Code (except for Article 2) and certain legal devices of American common law. In fact, any innovation, whether private or public, has been decidedly common law in origin. In theory, codes conceptualized in

680-638: Is considered mainly influenced by the German civil code and partly influenced by the French civil code. The civil code of the Republic of Turkey is a slightly modified version of the Swiss code, adopted in 1926 during Mustafa Kemal Atatürk 's presidency as part of the government's progressive reforms and secularization. Some systems of civil law do not fit neatly into this typology, however. Polish law developed as

748-489: Is consistent with a testimony made under oath. As for an indication as a means of legal proof, an indication is an act, event, or situation that is consistent with other facts. It can only be obtained from the testimony of a witness or accused, or from a document. To convict an accused, a judge must have at least two means of legal proof to support the charge. This ensures that a suspect cannot be convicted merely because he confessed his guilt. Indonesian courts only acc have

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816-447: Is creeping into civil law jurisprudence , and is generally seen in many nations' highest courts. Some authors consider civil law the foundation for socialist law used in communist countries, which in this view would basically be civil law with the addition of Marxist-Leninist ideals. Even if this is so, civil law was generally the legal system in place before the rise of socialist law, and some Eastern European countries reverted to

884-539: Is no statutory requirement that any case be reported or published in a law report , except for the councils of state and constitutional courts. Except for the highest courts, all publication of legal opinions is unofficial or commercial. Civil law systems can be divided into: A prominent example of a civil law code is the Napoleonic Code (1804), named after French emperor Napoleon . The Napoleonic code comprises three components: Another prominent civil code

952-547: Is short, concise and devoid of explanation or justification, in Germanic Europe , the supreme courts can and do tend to write more verbose opinions, supported by legal reasoning. A line of similar case decisions, while not precedent per se , constitute jurisprudence constante . While civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions . However, this tends to be uncontrolled, since there

1020-529: Is the German Civil Code ( Bürgerliches Gesetzbuch or BGB), which went into effect in the German empire in 1900. The German Civil Code is highly influential, inspiring the civil codes in countries such as Japan, South Korea and Switzerland (1907). It is divided into five parts: Civil law takes as its major inspiration classical Roman law ( c . AD 1–250), and in particular Justinian law (6th century AD), and further expanded and developed in

1088-464: Is the comprehensive codification of received Roman law, i.e., its inclusion in civil codes. The earliest codification known is the Code of Hammurabi , written in ancient Babylon during the 18th century BC. However, this, and many of the codes that followed, were mainly lists of civil and criminal wrongs and their punishments. The codification typical of modern civilian systems did not first appear until

1156-444: Is the most widespread system of law in the world, in force in various forms in about 120 countries. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules . It holds case law secondary and subordinate to statutory law . Civil law is often paired with the inquisitorial system , but the terms are not synonymous. There are key differences between

1224-409: Is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. Law codes are laws enacted by a legislature , even if they are in general much longer than other laws. Rather than a compendium of statutes or catalog of case law , the code sets out general principles as rules of law. While the typical French-speaking supreme court decision

1292-422: Is undermined because a 1983 Ministry of Justice regulation interprets the phrase to mean that the client has a right to communicate with his counsel ‘at every moment during office hours’. Based on this, police stations mysteriously close when lawyers visit their clients. This prevents the counsel from communicating with his client, undermining the suspect's right to counsel. The police can abuse its powers to detain

1360-556: The Bordeaux trade. Consequently, neither of the two waves of Roman influence completely dominated in Europe. Roman law was ultimately a secondary source that was applied only when local customs and laws were found lacking on a certain subject. However, after a time, even local law came to be interpreted and evaluated primarily on the basis of Roman law, since it was a common European legal tradition of sorts, and thereby in turn influenced

1428-564: The Napoleonic Code expressly forbade French judges to pronounce general principles of law. There is no doctrine of stare decisis in the French civil law tradition. There are regular, good quality law reports in France, but it is not a consistent practice in many of the existing civil law jurisdictions. In French-speaking colonial Africa there were no law reports and what little is known of those historical cases comes from publication in journals. Civil law codes must be changed constantly because

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1496-429: The Napoleonic Code of the early 19th century, and it is a continuation of ancient Roman law . Its core principles are codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England . Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as

1564-526: The Netherlands (1838), Serbia (1844), Italy and Romania (1865), Portugal (1867) and Spain (1888). Germany (1900), and Switzerland (1912) adopted their own codifications. These codifications were in turn imported into colonies at one time or another by most of these countries. The Swiss version was adopted in Brazil (1916) and Turkey (1926). Louisiana is the only U.S. state whose private civil law

1632-435: The appendix for more information about how long a suspect can be detained without judicial intervention. Finally, it is unclear whether an accused has a right to remain silent during examination. Although an accused “shall not be burdened with the duty of giving evidence”, Art 175 seems to undermine this right. Under Art 175, the head judge can suggest that the accused answers the question. The examination will continue after

1700-537: The death penalty , or imprisonment of fifteen years or more. The suspect will also receive free legal aid if he is destitute and faces imprisonment of five year or more. Once the suspect obtains legal assistance, the counsel has a right to contact him from the moment he is arrested or detained. The counsel also has a right to be present at, and listen to, interrogations . This ensures that the police do not carry out unfair interrogation techniques. The court only admits five types of legal evidence. They are: In terms of

1768-752: The legal system of Japan , beginning in the Meiji Era , European legal systems—especially the civil law of Germany and France—were the primary models for emulation. In China, the German Civil Code was introduced in the later years of the Qing dynasty , emulating Japan. In addition, it formed the basis of the law of the Republic of China , which remains in force in Taiwan. Furthermore, Taiwan and Korea, former Japanese colonies, have been strongly influenced by

1836-559: The Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding adversarial features to the criminal procedure. However, the KUHAP does not sufficiently protect human rights and its safeguards are often ignored in practice because there are no penalties for failing to comply with the Act. In response to dissatisfaction with

1904-402: The Dutch native tradition of Roman-Dutch law (still in effect in its former colonies). Scotland 's civil law tradition borrowed heavily from Roman-Dutch law. Swiss law is categorized as Germanistic, but it has been heavily influenced by the Napoleonic tradition, with some indigenous elements added in as well. Quebec law, whose private law is also of French civil origin, has developed along

1972-528: The German civil code, roughly 30% from the French civil code, 8% from Japanese customary law, and 2% from English law . Regarding the latter, the code borrows the doctrine of ultra vires and the precedent of Hadley v Baxendale from English common law system. Some countries where civil law is practiced include: Judgment Too Many Requests If you report this error to the Wikimedia System Administrators, please include

2040-687: The High Court: After the High Court passes a judgment on an appeal, the aggrieved party can appeal to the Supreme Court as a matter of cassation. There are three grounds for appealing to the Supreme Court: Judgments are final and binding at the last appellate level. However a convicted person or his family may seek a final extraordinary remedy by submitting a request to the Supreme Court for reconsideration of

2108-655: The Japanese legal system. Civil law is primarily contrasted with the English common law that influenced the legal traditions of the English-speaking countries. The primary contrast between the two systems is the role of written decisions and precedent as a source of law (one of the defining features of common law legal systems). While common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. For example,

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2176-568: The Justinian Code. Germanic codes appeared over the 6th and 7th centuries to clearly delineate the law in force for Germanic privileged classes versus their Roman subjects and regulate those laws according to folk-right . Under feudal law, a number of private custumals were compiled, first under the Norman empire ( Très ancien coutumier , 1200–1245), then elsewhere, to record the manorial —and later regional—customs, court decisions, and

2244-483: The United States, U.S. states began codification with New York's 1850 Field Code (laying down civil procedure rules and inspired by European and Louisiana codes). Other examples include California's codes (1872), and the federal revised statutes (1874) and the current United States Code (1926), which are closer to compilations of statute than to systematic expositions of law akin to civil law codes. For

2312-644: The West. It was first received in the Holy Roman Empire partly because it was considered imperial law , and it spread in Europe mainly because its students were the only trained lawyers. It became the basis of Scots law , though partly rivaled by received feudal Norman law . In England, it was taught academically at the universities of Oxford and Cambridge , but underlay only probate and matrimonial law insofar as both were inherited from canon law, and maritime law , adapted from lex mercatoria through

2380-468: The acts do not constitute an offence. If the court concludes that the accused is guilty of committing the offence, it will impose a punishment. The public prosecutor will then execute the judgment . Once a decision has been reached and read by the judge in a General Court of first instance, the aggrieved party may file an appeal to the relevant court of appeal within seven days. No appeal can be filed against a: There are three grounds for appealing to

2448-502: The case. At the outset of trial, the prosecutor will read out the Bill of Indictment. The judge will then summon the accused and witnesses to give their testimonies , which will then be examined. The head judge will lead the examination at trial. The prosecutor and the legal counsel may question the witnesses through the head judge. If an accused refuses to answer a question, the head judge will suggest that he answer and thereafter continue

2516-592: The civil law system should go beyond the compilation of discrete statutes, and instead state the law in a coherent, and comprehensive piece of legislation, sometimes introducing major reforms or starting anew. In this regard, civil law codes are more similar to the Restatements of the Law , the Uniform Commercial Code (which drew from European inspirations), and the Model Penal Code in the United States. In

2584-467: The codification of Continental European private laws moved forward. Codifications were completed by Denmark (1687), Sweden (1734), Prussia (1794), France (1804), and Austria (1811). The French codes were imported into areas conquered by Napoleon and later adopted with modifications in Poland ( Duchy of Warsaw / Congress Poland ; Kodeks cywilny 1806/1825), Louisiana (1807), Canton of Vaud (Switzerland; 1819),

2652-444: The dossier and order for a supplementary investigation. The dossier is then resubmitted. After examining the dossier of the case, the public prosecutor will determine if the case meets the requirements to be brought to court. If he decides to prosecute, he must prepare a Bill of Indictment and bring the action before an appropriate district court. Summonses will then be issued to the suspect and witnesses, if any, to attend trial. If

2720-599: The early 19th century—which remains in force in Egypt is the basis for the civil law in many countries of the Arab world where the civil law is used— is based on the Napoleonic Code, but its primary author Abd El-Razzak El-Sanhuri attempted to integrate principles and features of Islamic law in deference to the unique circumstances of Egyptian society. Japanese Civil Code is considered a mixture drawing roughly 60% from

2788-402: The end of the trial proceedings, the judge can only convict a person if he has at least two pieces of legal evidence supporting the conviction. Based on the evidence presented, the judge can punish, acquit or dismiss the charges against the accused. If the accused is convicted and he is sentenced to a punishment that deprives him of his liberty , the judge will assist the head judge to supervise

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2856-404: The event does not constitute an offence , investigators must inform the prosecutor and suspect. During investigation, investigators have the authority to summon witnesses for examination. When the investigation is completed, investigators must promptly submit the dossier of the case to the public prosecutor. If the public prosecutor believes that the investigation is incomplete, he will return

2924-418: The examination. After examination, the prosecutor will submit his charges before the accused submits his defence. The prosecutor may reply to the defences put up, provided that the accused has a right to reply. The head judge will then consult other judges on the bench before he reaches a decision. The court will acquit the accused if guilt has not been legally and convincingly proven or dismiss all charges if

2992-474: The execution of the punishment. The Public Prosecution Service of Indonesia is the only agency that has state powers to prosecute offenders. As such, there is no private prosecution in the Indonesian criminal justice system. Prosecutors are involved in the whole trial process, from the investigations, to trial proceedings and the execution of punishment. At the investigation stage, the prosecutor supervises

3060-401: The formal procedures in the Act, a working group drafted a new statue to replace the KUHAP in 2000. However, Indonesia has not adopted the working group's recommendations to date. The police must produce a warrant upon arrest if the suspect is not "caught in the act". They must also send a copy of such warrant to the suspect's family. Suspects must be released within one day of arrest unless

3128-490: The head judge makes this suggestion. However, since there is a high respect for authority in Indonesia, the head judge's “suggestion” will probably persuade the accused to answer the question. This undermines the right to remain silent during examination. Civil law system Civil law is a legal system originating in Italy and France that has been adopted in large parts of the world. Modern civil law stems mainly from

3196-405: The investigator, prosecutor, or judge orders a detention . Detention is limited to offences liable to imprisonment of 5 years or more, and crimes under Art 21(4)(b). Suspects may be detained for a maximum of 60 days without judicial consent. Investigators must inform the public prosecutor before they begin their investigations. If the investigation is terminated due to insufficient evidence or if

3264-401: The judgment, except when it is a judgment of acquittal or the dismissal of charges. Such a request is not time-barred and may only be made once. A request for reconsideration of a judgment may be made when: The role of judges in the Indonesian criminal justice system is to impose a proper punishment on offenders based on a sufficient means of legal proof. Judges are generally only involved in

3332-577: The judiciary was not empowered to adjudicate under the established principles of the common law of contracts - they could only apply the code as written. Codification , however, is by no means a defining characteristic of a civil law system. For example, the statutes that govern the civil law systems of Sweden and other Nordic countries and the Roman-Dutch countries are not grouped into larger, expansive codes like those in French and German law. In actual practice, an increasing degree of precedent

3400-616: The land for their realms, as when Charles VII of France in 1454 commissioned an official custumal of Crown law. Two prominent examples include the Coutume de Paris (written 1510; revised 1580), which served as the basis for the Napoleonic Code, and the Sachsenspiegel (c. 1220) of the bishoprics of Magdeburg and Halberstadt which was used in northern Germany, Poland, and the Low Countries . The concept of codification

3468-401: The late Middle Ages under the influence of canon law . The Justinian Code's doctrines provided a sophisticated model for contracts , rules of procedure, family law , wills, and a strong monarchical constitutional system. Roman law was received differently in different countries. In some it went into force wholesale by legislative act, i.e., it became positive law , whereas in others it

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3536-400: The legal principles underpinning them. Custumals were commissioned by lords who presided as lay judges over manorial courts in order to inform themselves about the court process. The use of custumals from influential towns soon became commonplace over large areas. In keeping with this, certain monarchs consolidated their kingdoms by attempting to compile custumals that would serve as the law of

3604-508: The main source of law. Eventually, the work of civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune , or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law . An important common characteristic of civil law, aside from its origins in Roman law,

3672-407: The notion of a nation-state implied recorded law that would be applicable to that state. There was also a reaction to law codification. The proponents of codification regarded it as conducive to certainty, unity and systematic recording of the law; whereas its opponents claimed that codification would result in the ossification of the law. In the end, despite whatever resistance to codification,

3740-557: The original one of 1865, introducing German elements as a result of its World War II Axis alliance. This approach has been imitated by other countries, including Portugal (1966), the Netherlands (1992), Brazil (2002) and Argentina (2014). Most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes . Germanistic to Napoleonic influence : The Swiss civil code

3808-409: The police's investigations. The prosecutor only personally investigates cases when there are special crimes, such as corruption . Once the police complete investigations, they hand the evidence to the prosecutor. If the evidence is satisfactory, the prosecutor will prosecute the offender at an appropriate court. He will prepare a Bill of Indictment for the judge to begin the trial proceedings. During

3876-683: The pre-socialist civil law following the fall of socialism, while others continued using a socialist legal systems. The term civil law comes from English legal scholarship and is used in English-speaking countries to lump together all legal systems of the jus commune tradition. However, legal comparativists and economists promoting the legal origins theory prefer to subdivide civil law jurisdictions into distinct groups: However, some of these legal systems are often and more correctly said to be of hybrid nature: Napoleonic to Germanistic influence : The Italian civil code of 1942 replaced

3944-538: The precedent of courts is not binding and because courts lack authority to act if there is no statute. In some civil law jurisdictions the judiciary does not have the authority to invalidate legislative provisions . For example, after the fall of the Soviet Union , the Armenian Parliament , with substantial support from USAID , adopted new legal codes. Some of the codes introduced problems which

4012-420: The prosecutor. The prosecutor will then execute the punishment. A suspect has a right to obtain legal assistance from one or more legal counsels at every stage of the examination. At the start of the investigations, the police will inform the suspect of his right to receive legal assistance during examination at trial. If the suspect does not have legal assistance, he will receive free legal aid if he faces

4080-417: The public prosecutor decides to cease prosecution, he must produce a written decision to be sent to suspect, investigator, and the judge. Please refer to the appendix for more information about the structure of Indonesia's Public Prosecution Service. Pre-trial proceedings are limited to examining whether the arrest and/or detention was legal and to decide whether the district court has the jurisdiction to try

4148-546: The rest of Indonesia. The Adat laws applied to the natives only if it did not clash with the Dutch statutory provisions. When the Japanese occupied Indonesia in March 1942, they applied their Japanese Martial Law . This superseded all existing laws in Indonesia at that time. Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law. After Indonesia gained independence in August 1945, it adopted

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4216-539: The same lines, adapting in the same way as Louisiana to the public law and judicial system of Canadian common law . By contrast, Quebec private law has innovated mainly from civil sources. To a lesser extent, other states formerly part of the Spanish Empire, such as Texas and California, have also retained aspects of Spanish civil law into their legal system, for example community property . The legal system of Puerto Rico exhibits similarities to that of Louisiana:

4284-414: The trial proceedings, the prosecutor must ensure that the defendant, witnesses and experts are all present. The prosecutor must also present all evidence concerning the crime. In practice, the prosecutor usually presents three or more pieces of legal evidence to support the defendant's guilt. After the judge has passed judgment on the case, the judge's clerk will send a copy of the execution of punishment to

4352-474: The trial proceedings. When a judge receives a Bill of Indictment from the Public Prosecutor, he will determine a trial date and order the latter to summon the accused and witnesses to attend the trial. During the trial proceedings, the judge is obliged to ensure that the defendant or witness remains free to answer the questions posed. If the judge fails to do so, his decision will be annulled. At

4420-435: The witness' testimony as a means of legal proof, the judge will compare a witness’ testimony against other witness testimonies or other means of proof to determine whether the testimony is true. In the process, he also considers all other factors that affect the witness’ credibility. A witness usually makes a testimony under oath . However, a testimony not made under oath can still be admitted as supplemental legal evidence if it

4488-504: The world, in force in various forms in about 150 countries. Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The expression "civil law" is a translation of Latin jus civile , or "citizens' law", which was the late imperial term for its legal system, as opposed to the laws governing conquered peoples ( jus gentium ); hence, the Justinian Code's title Corpus Juris Civilis . Civil law practitioners, however, traditionally refer to their system in

4556-543: Was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Eastern Roman Empire until its final fall in the 15th century. However, given the empire's influence on the continent in Late Antiquity and then multiple incursions and occupations by Western European powers in the late medieval period, its laws became widely implemented in

4624-478: Was further developed during the 17th and 18th centuries AD, as an expression of both natural law and the ideas of the Enlightenment . The political ideals of that era was expressed by the concepts of democracy , protection of property and the rule of law . Those ideals required certainty of law; recorded, uniform law. So, the mix of Roman law and customary and local law gave way to law codification. Also,

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