History Of The Court In Indonesia From The Dutch Colonial Period Until Now

YOGYAKARTA The justice system in Indonesia has been started for a long time, even before this country became independent. The justice system was created to maintain a balance of order, both social, cultural, and other aspects in society. So. What is the history of the judiciary in Indonesia?

History Of The Court In Indonesia

In Tuti Harwati's book Justice in Indonesia, the history of the judiciary in Indonesia is divided into three terms, namely the Dutch colonial period, the Japanese colonial period, and the Indonesian independence period. Here's the full explanation.

During the Dutch colonial period, the Indonesian population was divided into three groups, namely the European group, the Bumiputra group, and the Chinese group. This division is based on Articles 131 and 161 of the Indische Staatsregeling (IS).

In the regulation, the European group and those who are equated apply to the Dutch state law which is also called western law. Meanwhile, the Bumipetera group applies its respective customary law. The Bumipetra group also applies Western law if there is a common interest and the social interests needed.

For the Chinese and foreign Eastern groups, they follow Western law with several exceptions. The difference in legal treatment between Western groups, Bumiputra, and China also raises differences in the judiciary and the legal guidelines of the event.

The judiciary for the European Group and those who are equalized to the group are Raad van Justitie and Residetie-gerecht.

For the Bumiputra group and those who are like this group, Landraad is involved as a daily justice system and several other choices such as district courts, state district courts and so on.

The procedural law used is contained in the Herziene Inlandscab Reglement (HIR). Meanwhile, areas outside Java and Madura are regulated to be one with Buitengewesen's Recbtsgelement or Rbg.

The judiciary during the Dutch colonial era is regulated as follows:

2. History of Indonesian Courts during the Japanese Colonial Period

When Japan colonized Indonesia in 1942, dualism in judicial governance was removed, so agencies were designated for all groups.

The law of the event still refers to HIR and RBg, this is in accordance with Osamu Sirei (Japan Army Law) Regulation Number 22 of 1942.

Article 3 of the Law states that all government agencies and their powers, laws, and government laws that were previously recognized as valid for a while, as long as they did not conflict with the rules of the military government.

Based on these provisions, judicial bodies are maintained, among others:

3. History of Indonesian Courts during the independence period - now

After Indonesia won independence on August 17, 1945, there has been no change to the court.

In Article 2 of the transitional rules of the 1945 Constitution, the composition of the courts still refers to Law Number 34 of 1942.

Changes began after the issuance of Law Number 19 of 1948. This law is intended to implement Article 24 of the 1945 Constitution on Judicial Power, as well as revoke Law Number 7 of 1947 concerning the Composition and Power of the Supreme Court and the Attorney General's Office.

Article 6 of Law Number 19 of 1948 states that in the Republic of Indonesia there are three scopes of justice known, namely:

When Indonesia became a United States, the regulation of judicial institutions in the RIS Constitution was wider than the 1945 Constitution.

For the guarantor of implementation of the judicial system, the KRIS stipulates the terms of appointment, termination, dismissal, skills and personality of judges.

Existing judicial bodies such as general justice bodies are maintained, including the Swapraja Court.

The RIS Constitution also regulates the administrative court as well as its implementing regulations.

Changes to the judicial system occurred again after the Republic of Indonesia turned into a Unitary State. At that time, KRIS was no longer used as the basic reference for the state and was replaced by the Temporary Basic Law (UUDS).

This change itself affects its judiciary. This is because the UUDS no longer recognizes regions or states, meaning that regional courts are no longer known as the realization of the UUDS.

Next, in 1951 the promulgation of Emergency Law No. 1 of 1951. The Emergency Law was used as the basis for removing several courts that were not in accordance with the Unitary State, including gradually eliminating certain courts and all traditional courts.

Through the Decree of the President on July 5, 1959, the State of the Republic of Indonesia has again used the 1945 Constitution, which is still valid, even though it has undergone amendments.

Since the 1945 Constitution was re-imposed, court institutions have been very different from previous court institutions. Since then, the Swapraja courts, traditional courts, village courts have not been found, but judicial bodies have changed and developed.

Based on Article 10 of Law no. 14 of 1970 states that there are four judicial environments, namely:

These four justice systems are still in use today.

This is information about the history of the judiciary in Indonesia. Hopefully this article can add insight to the loyal readers of VOI.ID.