The History of the Indonesia Law
In the last 1600st, Indonesia
was conquered by Netherlands and it was continued until for more than 300 years.
As the result of the colonization was the
born of the new former regulations related to the law. Hence, Indonesia’s
first time to recognize the law and it was collected in the law book of
codification, besides there is another unwritten law, which lived among the
civilians, called ‘custom law’. In its developments, also recognized ‘islamic law’
which is forced to muslim Indonesia native. So now, all of the prevailing laws
in Indonesia are totally three (3) kinds and still being forced until now. The
enforcement of all of the laws is based on the classification of the civilians
(article 131 IS jo. 163 IS). For the west european class and chinese class is
enforced by west law (can be said as written law), for the moslem Indonesia
native is enforced by islamic law, while for non-muslim indonesia native is
enforced by custom law.
The west law is a product
of law which was created by the Netherlands as the conqueror. The prevailing
law books originally come from france as a country which had been conquering Netherlands for several years. So, the origin of the prevailing laws in
indonesia could be said that similar with the law in france. Those Netherlands’s
inheritance can be categorized into two kinds of law book, are criminal code
book , also recognized as KUHP and civil code book, also recognized as KUHPer.
Criminal code book consists of the governing of the relations between civilian
and state, including the punishments for the one who commits a crime such as
murdering, stealing, etc. Whereas, the civil code book consists of the
governing of the relationship between the civilians, by giving a guidance how
to behave in the relation with business matter, the marriage, the divorce, etc.
Those two law books has been applied for a long term since the colonization era
and still being applied until now and never been changed or modified. But
actually, Netherlands itselves, has experienced several times of the
modification and the changing of the law books, for instance, the civil code in Netherlands has been modified from four chapters to nine chapters, the new one
is called “Nieuw Burgerlijk Wetboek”. Facing to the development of the
civilians recently, now has been the right time to change or modify the KUHP
and the KUHPer to the new one.
印尼法律
当1600时的年代， 印度尼西亚被荷兰已征服过大概是三年多了。因此，荷兰的征服发生这么多的规则关于法律法律方面。是从这里， 印尼就开始认识法则，不过定型了成一本法典书，跟法则有同样的地位，另外有了不成文法运行了在人民当中，称作风俗法。在他的发展以后，被辨认一个叫做蓝度发，为蓝度社会适用的。因而，适用法律在印尼完全都是有三种，而且，还是用到至现在。法律的应用是根据人民分数 (Article 131IS jo. 163 IS)。为欧阶级和华人阶级使用了西方法典（成文法），为蓝度印尼本地阶级使用了蓝度法典，以及为非蓝度印尼本地阶级使用了风俗法。
西方法是荷兰征服者的出产物。那所适用法典书来源自法国，是以前征服过荷兰。所以， 印尼法典书的本源可至少好像法国拥有的。荷兰的继承物可分列两（2）种的法典书，就是刑法法典书，可以叫作KUHP和民法法典书，可以叫作KUHPer。刑法法典书包括一种规则，关于人民和国家的关系，可以说内容是各种各样的惩罚要是发生了罪行烦公共利益和私立利益 譬如，杀人罪，抢劫罪，等等。不过，民法法典书包括规则，关于人民和人民的关系，也可以说当作指导人民相互做关系，譬如，生意事情，结婚事情，离婚事情，等等。 这两本法典书被使用了自从征服的时代，不过从没变化新的书。按照几个文学来说，荷兰自己已经转变他的法典书成为新的。例如，荷兰的民法法典书已经转变了成为，称作‘Niuw Burgerlijk Wetboek’(新民法法典书)，以前包括四个部分但是现在变成了九部分。面对社会发展得这么快最近，已经到了时间把印尼的法典书变化新的。
