History of Legal System and Sources of Law in Force in Indonesia

Authors

  • Nikita Ayu Dini Maulidya Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Indonesia
  • Bambang Eko Turisno Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Indonesia
  • Siti Malikhatun Badriyah Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Indonesia

DOI:

https://doi.org/10.32996/ijlps.2023.5.2.4

Keywords:

Legal History, Legal System, Legal Resources, Formal Law, Material Law

Abstract

This study aims to analyze the history of law and legal sources in Indonesia. The research method used is qualitative with a historical review. The research results show that the history of Law Administration in Indonesia is grouped from the Compagnie era (1602) to the present as follows: (1) Vereenigde Oostindische Compagnie Period (1602-1799), (2) Besluiten Regerings Period (1844-1855), (3) Regerings Reglement / RR Period (1855-1926), (4) Indische Straatsregeling Period (1926-1942), (5) Japanese Period (Osamu Seirei), (6) Post Independence. The sources of law can be divided into 2 (two), namely material sources of law and sources of formal law. Sources of formal law, sources of law are seen from a juridical perspective in a formal sense, namely sources of law in terms of form, which in principle are imitated from: (i) Law. (ii) Habit. (iii) Treaty. (iv) Jurisprudence. (v) Doctrine. This material source of law is a factor that limits the division of law, for example, social relations, political power relations, social and economic situations, traditions (religious views, morals), scientific research results (traffic criminology), international development; geography is all an important object of study for sociology Law.

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Published

2023-04-15

Issue

Section

Research Article

How to Cite

Maulidya, N. A. D., Turisno, B. E., & Badriyah, S. M. (2023). History of Legal System and Sources of Law in Force in Indonesia. International Journal of Law and Politics Studies, 5(2), 34-40. https://doi.org/10.32996/ijlps.2023.5.2.4

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