Generally, under the Civil Code, legal claims in Indonesia expire after 30 years. Although it is not specified when the 30-year period begins, in practice, it commences when the relevant right first arises. Parties to a contract can set their own time limit, including for a breach of warranty claim.
What legal system does Indonesia have?
Indonesia implements a mixed legal system with the civil law system as the main legal system adopted from the Dutch colonial law. Indonesia also recognises the customary legal system (sistem hukum adat) and religious legal system (Islamic sharia law).
What are the criminal laws in Indonesia?
Today, Indonesia’s legal system is based on Dutch Colonial Law, Adat Law and National Law. After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP.
Does Indonesia follow common law?
The Indonesian legal system is a Civil Law system rather than a Common Law system (The Common Law System is found chiefly in Australia, England, America and other former British colonies). … For example, Civil Law systems do not use juries. Instead, decisions as to guilt or innocence are made by a panel of three judges.
How many levels does the Indonesian legal system have?
There are four judicial spheres (for general, religious, military, and administrative matters), each with its own courts. The religious, military, and administrative courts deal with special cases or particular groups of people, while the general courts handle both civil and criminal cases.
Who enforces the law in Indonesia?
Instead, the use of force by law enforcement officials in Indonesia is governed by two regulations issued by the Chief of the Indonesian National Police: No. 1 of 2009 on the Use of Force in Police Action (Perkap 1) and No.
Why do crimes expire?
A statute of limitations is a law that forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The main purpose of these laws is to ensure that convictions are based upon evidence (physical or eyewitness) that has not deteriorated with time.
Does Indonesia have a death penalty?
Capital punishment is a legal penalty in Indonesia. Although the death penalty is enforced only sometimes in grave cases of premeditated murder, it is regularly applied to some drug traffickers. Executions are carried out by firing squad.
How are the rules made in Indonesia?
Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonisation in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat.
What’s the legal age in Indonesia?
In most states in Indonesia, same-sex relations are legal but the age of consent is 18.
Is Argentina a civil law country?
The Legal system of Argentina is a Civil law legal system. … The Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Rio de la Plata under a single law, creating as well the different organisms needed to run a country.