The courses on civil law in Indonesia are normally arranged in three parts: (1) for the beginners, (2) for the secondary school students, (3) for the university students studying foreign languages in Indonesia. The first two courses cover general civil laws, such as human rights, labor laws, property laws, tax laws, regulation of business, etc. The next course is a detailed study of each of the three main areas: law, divorce, child custody, property management, and criminal law. After this, there are specific courses in Indonesian Family Law, Civil Law, Immigration, Family Violence, and Business Law.
The courses on the law system in Indonesia were introduced to provide knowledge on the new political system of Suharto’s Indonesia. The major part of the study covers the evolution of the Indonesian government and the development of constitutional amendments and modifications during the periods of colonization and resistance. The introduction to Indonesian civil law includes the comparative analysis of Dutch and British colonial legacies. The comparison shows how the Indonesian systems are greatly influenced by the Europeans. The comparative study also enables one to evaluate the strength and weakness of Indonesian institutions based on their relationship with these former colonial powers.
A Dutch colonial Legality is characterized by the existence of the East Indies Company (EVC), set up in 16arin Islands, which later became the Netherlands Antilles. The Dutch East Indies Company governed the people of Borneo and the Malay Peninsula before its independence from the UK. One of the major colonial institutions in Indonesia is the East Asian Institute (EAI), established in Sukur in Indonesia. The EAI is an independent organization that was incorporated in 1965 under the Indonesian Government Organization for Cooperation in Education (Gkokis tertiary education institute). The aim of the East Asian Institute is to develop teaching and research programs that assist in the improvement of education standards in the country and abroad.
The Indonesian Civil Code and Civil Rights Act cover all aspects of Indonesian law and are commonly referred to as the Indonesian Civil Code. The constitution of Indonesia recognizes human rights, which include freedom of speech and peaceful assembly. The right to personal property is also protected by law and is one of the most fundamental human rights in the Indonesian Civil Code. It guarantees the legal protection of citizens’ rights in terms of ownership of real estate and possession of private property. In addition, it guarantees freedom of religion, press, civil service, and commerce, as well as equal inheritance and taxation according to gender.
The Indonesian Criminal Code regulates criminal activities in civil society, including acts of terrorism, theft, public drunkenness, pornography, online solicitation, incitement to violence, defamation of public officials and violence in the home and on the streets. The code also protects women’s rights, children’s rights, labor rights, and freedom of speech and expression. Religious affairs are controlled by the government through Muslim mosques, Hindu temples, and Christian churches. The constitution guarantees freedom of religion, but the constitution and other legal amendments do not guarantee these rights individually. Private matters such as marriage, divorce, and adoption are dealt with between families within the confines of the judicature, while public issues such as election, succession, and changing of constitutional laws are dealt with through a consultative body called the constitutional court. In Indonesia, Islamic law is interpreted differently than the customary law of most other countries, making the treatment of women much more complicated.
The Indonesian Language has three versions, namely, Indonesian, English, and sets. The Indonesian language is derived from Sanskrit, so most scholars assume that the Indonesian Civil Law is written in an English Indonesian combination. Most dictionaries note that Indonesian words are usually written phonetically, unlike Indonesian words derived from the Indonesian language that is written phonetically with a spelling that is very similar to English.
The Indonesian Civil Law contains reference to both civil and criminal law, including civil procedures, criminal procedures, properties, inheritance, corporate law, labor and employment law, international trade law, banking, commerce, money, immigration, family life, personal injury, property law, probate, and piracy. Because the country is not a member of the International Criminal Court, its system of law does not include trial abroad of people accused of crimes outside the country. However, people convicted of offenses within the country can still be tried in an independent foreign county, as discussed above. The customary law of Indonesia is recognized internationally as being more or less consistent with the human rights conventions it contains, including the Universal Declaration of Human Rights, the European Convention on the Rights of the Child, and the International Labor Organization. The Indonesian Language has two official versions, namely, the Setsi (Indonesian language) and Nura Sunden (Land Language).
The Indonesian authorities have placed various restrictions on freedom of religion, including the imposition of a Muslim law, covering religious activities in schools and in the workplace, and the prohibition of performing the Muslim religion’s rites in state buildings. Religious proselytizing is also prohibited. There are three levels of government officials responsible for the formulation of policy on these matters: the General Secretary, the Secretary of Religion, and the Assistant Secretary for Education. There are also separate Islamic courts for the adjudication of disputes between people of different religions, as stipulated by the Qur’an and Sunnah. All members of the public are free to criticize religion publicly, but slanderous comments are subject to punishment, including imprisonment. Freedom of speech is guaranteed in the constitution, but there is a high level of censorship to prevent content that may offend the general public.