The Development of Legal History of Indonesia

Reza Fahlevi / 20140610474

Transition to democracy as one of the triggers of change in the national legal systems
inevitably requires changes in the holding of national legal systems towards better again in an
effort to establish a national legal system in accordance with the ideals of the Indonesian
state. The blurring of the legal form of the state caused by the strengthening of the legal
system which is implemented by the Indonesian state is one reason of many reasons for the
determination of the Indonesian Legal System. Departing from the various issues that have
been explored in the background above raises an issue and questions related to the
development of the National Legal System at this time.
The state is an organization of authority that seems out consists of rules or legal
provisions which are arranged in a legal system, that's why as mentioned above, when the
establishment of the state will also coincide with the current establishment of the country's
legal system.
Law (in the same sense with economic or political or community) is a system, which
consists of many elements are interrelated and influence each other, such that if one element
is not functioning (work) as it should Likewise, if one of its parts (eg, rules) is changed, all
other elements of the law should be changed as well.
Here is the legal history of Indonesia from time to time in brief:
The development Legal History in the Old Order
Old Order era in 1950-1959 was an era in which the president Sukarno ruled using
the constitution of the Constitution of the Republic of Indonesia, 1950. While this period lasts
from August 17, 1950 until July 6, 1959. Prior to the Republic of Indonesia States is
liquidated, as it happens demo massive demand the creation of a unitary state. Then through
an agreement between the three states, the Republic of Indonesia, East Indonesia, and the
State of East Sumatra generated Unitary State of the formation agreement on August 17,
1950. Since August 17, 1950, the State of Indonesia was ruled by using the Constitution of
the Republic of Indonesia While 1950 adheres to a parliamentary cabinet system.
At that time the Constituent Assembly tasked with making laws as mandated by the
new basic Provisional Constitution of 1950. But until 1959 the agency has not been able to
make a new constitution. Then President Soekarno delivered conception of Guided
Democracy in the House of Representatives election results that contain the idea of returning
to the 1945 Constitution Finally, Sukarno issued a decree July 5, 1959, which dissolved the
Constituent Assembly. At that time also, a lot of change of cabinet due to the unstable
political situation. Recorded 7 cabinet at this time are: Cabinet Natsir (1950-1951), the
Cabinet Sukiman-Suwirjo (1951-1952), the Cabinet Wilopo (1952-1953), the Cabinet
Sastroamidjojo I (1953-1955), the Cabinet Burhanuddin Harahap (1955 -1956), the Cabinet
Sastroamidjojo II (1956-1957) and Cabinet Djuanda (1957-1959).
In the days of the Old Order, the judicial authority in this case and courts are not
independent because it is under the executive power the (President as the leader of the
revolution).
The Development of The New Order Legal History
New Order is a term for the reign of President Suharto in Indonesia. New Order
replaces the Old Order that refers to the era of Sukarno. New Order is present in the spirit of
total correction of irregularities committed by Sukarno during the Old Order.
New Order lasted from 1966 to 1998. In this period, the Indonesian economy
expanded rapidly even though it coincided with the rampant corruption in the country.
Moreover, the gap between rich and poor people also widened.
New Order chose repair and economic development as its primary objective and to
take administrative policies through military-dominated structures, but with the advice of
Western-trained economists. House of representative and people Consultative Assemblies can
not work effectively. It has often been members of the military, especially those close to
Sandalwood. This resulted in less frequent aspiration of the people to be heard by the center.
PAD is also less equitable division for 70% of revenue each province each year should be
paid over to Jakarta, thus widening development gap between the center and regions.
Legal developments in the New Order have experienced ups and downs, but it should
be remembered that the system of the New Order regime has the advantage that the success
of transmigration, pioneered the family planning (FP), the fight against illiteracy, the success
of domestic security, foreign investors want to invest in Indonesia as well as foster a sense of
nationalism and love domestic products. While the lack of the New Order administration
system are:
1. Many of the corruption, collusion, nepotism
2. Development of Indonesia unequal and the emergence of the development gap
between the center and the regions, half of it are couse regional wealth largely drawn
to the center
3. The emergence of a sense of dissatisfaction in some areas because of the
development gap, especially in Aceh and Papua
4. Jealousy among the locals with the migrants who obtain government benefits are
quite big in their first years
5. Increasing social inequality ( differences opinion for the rich and the poor)
6. Violation of human rights to non-indigenous people (especially the Chinese
community)
7. Critics silenced and opposition his forbidden
8. Freedom of the press is very limited, colored by many newspapers and magazines are
destroyed
9. The use of violence to create security, among others, with the program "Mysterious
Shootings"
10. There is no succession plan (a decrease of power to the government / the next
president)
11. Decrease the quality of Indonesia's bureaucracy. this is the most fatal error in the
New Order because without effective bureaucracy of the country would destroyed.
12. Decrease the quality of the army for the elite level is too busy in politics, so less
attention to the welfare of servants.
Developments History of Law in the Reform Era
The purpose of reform is to improve the legal system, uphold the rule of law, political
system, in order to achieve the objectives of the state as mandated in the constitution that
improve the welfare of fair and prosperous society. This reform is necessary because:
1. New Order has built a political system of monopoly and maintain the status quo.
2. The new order limiting the number of political parties (2 political parties and
Golkar )
3. Maintain an authoritarian bureaucracy
4. Establish economic clientelism government and private economy.
5. ideological repression and the use of authoritarian discourse.
Era of Reform in Indonesia began in mid-1998, precisely when President Suharto
resigned on May 21, 1998 and replaced vice president BJ Habibie. One of the background of
the fall of the government of President Soeharto, namely the Asian financial crisis that caused
the Indonesian economy weakened and by growing dissatisfaction Indonesian people against
the government of his leadership at that time led to massive demonstrations carried out by
various organs of student protests in various parts of Indonesia. Suharto government
increasingly highlighted after Trisakti on May 12, 1998 which sparked riots in May 1998 a
day later. The student movement also extends almost throughout Indonesia. Under huge
pressure from inside and outside the country, he finally chose to resign from his position.
Some of the steps taken by the Habibie changes, such as the liberalization of political
parties, granting freedom of the press, freedom of speech, and the repeal of the Anti-
Subversion Law. However Habibie had also tempted to passed a State of Emergency
Management Bill, but failed to do because of the political pressure and the incidence of
Semanggi II tragedy that killed UI student, Yun Hap.
In elections in 1999, Abdurrahman Wahid was elected as the fourth president of
Indonesia. In his government are colored with separatist movements are growing in Aceh,
Maluku and Papua. In addition, many policies Abdurrahman Wahid opposed by Consultative
Assembly / House of Representatives. Selanjunya in 2004, general election directly for the
first time elected to do and that is the President who later was also elected for the second
time. Improvement of the legal sector that occurred during this period is also not very
satisfying.
Post-amendment Act of 1945 from 1999 to 2002 present a new color in the course of
the Indonesian legal system. Viewed historically establishment of the Indonesian legal system
that departs from the concept of customary law are living in Indonesian society, which in turn
is influenced by the legal system of the Netherlands when the Dutch colonized Indonesia.
The process of concordance on the Dutch legal system for- motion of the Indonesian legal
system that cannot be denied most of his still leave the rest in some parts of the Indonesian
legal system.
That the Act of 1945 of the amendment is already better than the Law of 1945 that
the original taste cannot be denied by anyone. After the Act of 1945 changed it seems clear
that the growing democratic life is getting better. Does the change itself is already a huge
advancement for democracy because in the past any idea of changing the Act of 1945 was
considered subversive.
In connection to the above, any characteristic that is attached to a particular legal
system, the characteristic equal to that of any system or process. Firstly there is no input, the
raw materials that go in one side of the system. However, based on the ideals of society to be
achieved crystallized in the destination country, the basic state, and legal ideals, then what is
needed is a national legal system which can be used as containers or footing and political
framework of national law.
The development of actually national legal system should be a common desire of all
elements of governance in order to create a legal system that is orderly and systematic that
leads to the development of national law. The development of national legal systems is
certainly the input of the society in view of the implementation of the existing legal system
today.
If we relight of the system of government, which is confirmed in the Act of 1945
before the amendment said that "the State of Indonesia based on the law (Rechtsstaat) not
based on power alone (machtsstaat) then surely complexion Indonesian legal system
characterized by a Dutch legal system that Continental European legal system adhered to by
the rule of law (Rechtsstaat) This is certainly understandable happen because Indonesia is a
former Dutch colony. However, for certain things after the independence of Indonesia has
been trying to build its own legal system in accordance with the state's objective Indonesia
and destination countries.
Bravery to get out of the influence of the Dutch legal system must have been
influenced by the development of laws implemented in society. Next the assertion above,
according to the official perspective, Indonesia is a country of law so that the law should play
a decisive role or become central in the life of society, nation and state in Indonesia.
The development of the National Legal System should not leave the source of
substantive law establishing the legal system that reflects the spirit of all Indonesia's. Source
material law that is reflected by Pancasila, ideals of Indonesian society, values, norms,
kinship, consultation, mutual cooperation, tolerance and so that became a hallmark of the
Indonesian people should be the priority in making the arrangement of the Indonesian legal
system in the future. The spirit of all Indonesia's course must emanate from the development
of the national legal system. In that sense, it is not justified to leave the spirit of the above by
using other concepts that obviously contradictory, causing the national legal system becomes
impaired.
This is particularly reflected in Article 24-F which determines that the state organize
and develop a national legal system to preserve and respect the diversity of legal values and
sources of law in the society. Therefore, the development of the national legal system should
be oriented to the policy such as choice of applicable law, the legal system to be adopted, the
philosophical foundation which is used in the formation of laws, including policies to base
national law on the general principles that apply.
Subsequently, the development of the Indonesian legal system should lead to the
ideal of a state (staatsidee) Indonesia which as far as possible to be constructed typical in the
sense of not imitating understand individualism of liberalism that it has given birth to
colonialism and imperialism that must be resisted, or the idea of collectivism extreme as
shown in practice in environment socialist countries-communist. In other words, the spirit
that underlies the thinking of the founders of the Republic of Indonesia is a synthesis of the
spirit, the spirit to do a combination or a passion to create a new understanding. is proper also
to be understood, that the legal system is a system of abstract (conceptual because it consists
of elements that are not concrete, which did not show visible unity. The elements in the legal
system has a special relationship with the elements of the environment. It is also said, that the
legal system is an open system, because the legal rules with his terms of a general nature, is
open to different interpretations and to broad interpretation.
Therefore, the development of the legal system of Indonesia, one of which is driven
by the development of social order, directing the development of the Indonesian legal system
to the development of laws that reflect the life of society itself. Sub-sub legal system the
Indonesian legal system must not be contrary to the spirit of the values that live in Indonesian
society.
On the other hand, the influence of other legal systems such as the Anglo-Saxon legal
system, the legal system of continental Europe, the system of Islamic law and customary law
system should be used as a comparison for the creation of the Indonesian legal system better.
The adoption of a legal system without filtering process would be contrary to the spirit of the
state's objective will eventually cause social unrest is prolonged as a result of a mismatch of
applicable laws in the middle of society. The desire to build a legal system that has a solid
foundation course should be sourced to the values and ideals of the Indonesian state itself.