Indonesian Constitutional Law is framed by the Universal Declaration of Human Rights (Declaration), which states that everyone is entitled to all the rights defined in the constitution. The constitutionality of a law can be tested in two aspects: the procedure and substance of the law. Fundamental rights such as freedom of speech and religion, the right to a fair trial, right to an education, and freedom of an individual are protected in the constitution. and political rights are not specifically enumerated in the constitution; however, these rights are implicated by the constitution in various circumstances.
Indonesian Constitutional Law has been amended many times since it was introduced. Currently, there are twenty articles in its preamble that spell out the basic values and principles that form the basis of Indonesian society. These articles include freedom of religion, freedom of the press, the right to peacefully assemble and freedom of association. There is no ban on these rights; rather, the constitutionality of these rights is challenged when they are infringed upon by actions or policies of government. The right to an education is not specifically enumerated in the constitution; however, it is mandated that public education be provided free to all. There is no guarantee of this right, and hence schools are closed to many who belong to the lower class.
Basic Agrarianism is a major feature of Indonesian social structure. Under the Indonesian system, the ruling party usually appoints a Councilor or Commissioner for each state within the country. The role of the Councilor or Commissioner is not determined by the provisions of the constitution; rather, the nature of the incumbent is determined by a number of factors. An elected member of the councilor will have absolute power and authority over his/her area of authority. In Indonesia, there are generally a Muslim majority and Christian majority in the state legislature. There are also small Hindu and Buddhist minorities.
A major part of Indonesian society is made up of peasants, who are considered low-caste. All citizens must adhere to a particular social class or be subject to arrest and punishment by law. As a result, the second-rate and poor members of the population have limited access to political power and participate in the process of politics through their votes. The first-rate and better members of the society are allowed to sit on the highest seat in the house of Representatives or the Senate. This is one reason why the Jakarta election last year was characterized by violence between the Christian majority and the Muslim majority.
The second-rate and poor members of society cannot obtain a position in the Indonesian parliament as easily as other candidates. Marriage is a deeply personal act between a man and a woman in Indonesia, and it is considered sacred by the Indonesian people. Because of this importance of marriage in Indonesia, a significant amount of work has been done to protect traditional family systems from encroachment by foreign cultures. The Indonesian legal system contains extensive caselaw dealing with the enforcement of marriage and family systems. Fundamental laws such as those on prenuptial agreement do not recognize a relationship which has been entered into voluntarily. Thus, a man cannot legally marry his servant.
As indicated above, the promotion of a candidate for governor is also dependent on the support of the local customary law. These laws regulate the conduct of business within the communities and have enormous social and economic significance for the Indonesian people. Any violation by the law violates the welfare of the community. The role of the probate courts in ensuring compliance with these customary laws is very important. The chief justice and the provincial judge play an advisory role in the determination of who the provincial judge and the chief justice will sanction to in case of a dispute.
The role of the Judicial Council is to ensure compliance with Indonesian Constitution and Fundamental Agreements Concerning the Management of Public Property. In the past, the Council only considered two possibilities for the confirmation of chief justice: either him being elected by the people directly, or him being confirmed by the Constitutional and Labor Relations Commission. Under the new constitution approved in 2005, a third option is available for the CJC to consider. The new CJC has the power to request a member of the council to be unavailable during the initial process for confirmation of the chief justice. The absence of the chief justice can negatively affect the confirmation of other constitutional judges. Once the CJC decides that there is a need for the interim CJC, another meeting of the CJC is held to confirm that the person is fit to serve as the CJC Chairperson.
Taxation is one of the most contentious areas in Indonesian Law. The argument about taxation focuses on whether the amount of taxes paid by foreigners in Indonesia should be reduced in order to allow the local people to enjoy greater benefits from the royalties. In cases involving cases of tax evasion or fraud, the main parties are the government and the claimant. The process of settling a case between these two parties is often highly controversial and is often settled out of court