Does Indonesia follow common law?

Indonesia implements a mixed legal system with the civil law system as the main legal system adopted from the Dutch colonial law. Indonesia also recognises the customary legal system (sistem hukum adat) and religious legal system (Islamic sharia law).

Is Indonesia common law or civil law?

The Indonesian legal system is a Civil Law system rather than a Common Law system (The Common Law System is found chiefly in Australia, England, America and other former British colonies).

Does Indonesia follow rule of law?

Article 1(3) of the 1945 Constitution clearly states that Indonesia is governed by the rule of law. Furthermore, the 1945 Constitution affirms that human rights should be upheld in accordance with the principles of a democratic and law-based state.

Which countries follow common law?

This model is found today in countries throughout the former British empire, particularly in the United States, Canada, Australia, India, and in Africa, particularly Ghana, Kenya, Nigeria, as well as South Africa.

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Which of the following countries does not follow common law?

The following countries does not follow common law are Brazil, Mexico, Italy. Explanation: Common Law : Common law countries has case law in form of published judicial opinion. The country with common law have some measures regarding rules and regulations.

What is the difference between civil law and common law?

The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. … In fact, many countries use a mix of features from common and civil law systems.

Does Indonesia adopt civil law system?

Indonesia implements a mixed legal system with the civil law system as the main legal system adopted from the Dutch colonial law. Indonesia also recognises the customary legal system (sistem hukum adat) and religious legal system (Islamic sharia law).

In the current Indonesian law the hierarchy of legal norms is regulated in Ketetapan MPR No. III Tahun 2000 tentang Sumber Hukum dan Tata Urutan Peraturan Perundang-Undangan (MPR Decree of 2000 on The Source of Law and Hierarchy of Laws).

What is illegal in Bali?

Bali’s drug laws are very strict and should not be trifled with. Indonesian Law No. 35/2009 lays down harsh penalties for drug users caught with Group 1 drugs like marijuana, heroin, and cocaine. You can get life imprisonment for possession or the death penalty if you’ve been convicted of trafficking in drugs.

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Does Indonesia have a death penalty?

Capital punishment is a legal penalty in Indonesia. Although the death penalty is enforced only sometimes in grave cases of premeditated murder, it is regularly applied to some drug traffickers.

Which country law is best?

Denmark, Norway, and Finland topped the WJP Rule of Law Index rankings in 2020. Venezuela, Cambodia, and DR Congo had the lowest overall rule of law scores—the same as in 2019. Countries in the top ten of the Index in overall rule of law score remain unchanged since our last report in 2019.

What is the origin of common law?

The defining characteristic of “common law” is that it arises as precedent. … The common law—so named because it was “common” to all the king’s courts across England—originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066.

Is common law still used today?

Is common law still used today? Today the US operates under a dual system of both common and civil law. The courts, for example, operate under common law.

What are the principles of common law?

The defining principle of common law is the requirement that courts follow decisions of higher level courts within the same jurisdiction. It is from this legacy of stare decisis that a somewhat predictable, consistent body of law has emerged.

What are examples of common law?

Another familiar common law example is the one referring to patient-doctor confidentiality. The legal concept means that the information related to the patient’s health state, patient’s treatment, medical opinion, or medical records is private and secret.

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Is Germany a common law country?

France and Germany are two examples of countries with a civil law system. Common law systems, while they often have statutes, rely more on precedent, judicial decisions that have already been made. … Religious legal systems are systems where the law emanates from texts or traditions within a given religious tradition.

Notes from the road