INDONESIA INQ Flashcards
The overview of Indonesian Legal System
Indonesian law reflects its long history of migration of people and religion.
As well as geography with different areas of Indonesia having customary and religious law,
Civil law sytem which originated from the Dutch-Roman law imposed during the colonial period of Dutch occupation.
Since 1945
Is there precedent in Indo Inq System
No, the Indonesian legal system does not recognise the principle of stare decisis, so the lower courts are not bound to follow the decisions of higher courts. However, in some cases, the court can use or cite previous interpretations of an article, law, or regulation.
Does Indo use Juries?
Civil Law systems do not use juries. Instead, decisions as to guilt or innocence are made by a panel of three judges.
The names of judges of the Indo Inq System
One of these judges is the Chair (ketua) and is usually more senior than the other two judges (hakim).
What do Indonesian Judges do?
In an inquisitorial system, however, the judges conduct an enquiry into the truth of what occurred, that is, the facts behind the legal issues in dispute. For this reason, judges control the proceedings and may directly question witnesses. In some Civil Law systems, the judges may even dominate the hearing to such an extent that lawyers are left with few questions to ask at all.
What branch is the proescutor in indonesia
The executive
Criteria to be a judge
having Indonesian citizenship
a belief in God
loyalty to Pancasila (the official philosophical foundation of Indonesia) and the Constitution
a Bachelor of Laws degree, and
to have passed the judicial training course.
What is prosecutor in indonesia
In Indonesia, prosecution is always conducted by state officials known as jaksa or prosecutors. Prosecutors are employees of the Indonesian Prosecution Service which is led by the Attorney General (who is part of the executive) and they are required to always represent the ‘side’ of the government and are, therefore, not considered to be neutral.
NAME OF THE PROSECUTION IN INDONESIA
Jaksa
