INDONESIAN LAW

Indonesian law is based on Continental or Roman law, which was introduced by

Dutch traders in 1602 and was formed by Dutch government in 1856. Since Dutch ​occupied
Indonesia archipelago for 350 years, they also applied their law in Indonesia to ​govern any
relationship between inhabitants with them​1 or among themselves​2​. When Indonesia ​declared
its​3 freedom, the Dutch law is still used to fulfill ​the absence of law ​in the new nation​4​.
Therefore, basically, Indonesia law is similar to Dutch law which​5​ is based on Roman law.
There are two main categories of Indonesian law. One is known as ​private law​, and the
other is ​criminal law​. These​6 two categories have differences in their scopes and their
procedures.

Vocabulary
English Indonesia

1.​ o
​ ccupied ………………………

2.​ g
​ overn ………………………

3.​ d
​ eclare ………………………

4.​ f​ reedom ………………………

5.​ a
​ bsence of law ………………………

6.​ p
​ rivate law ………………………

7.​ c​ riminal law ………………………

A. THE PRIVATE LAW

The ​private law means the law, which ​regulates ​private relation such as law relating
to business, contracts, marriage and divorce. The private law is also known as Civil Law that
concerns disputes among ​citizen within a country. For legal purposes, inhabitants of the
Indonesia archipelago have been divided into three “population group”. Namely European
Group, Native Group and Foreign Oriental Group.
According to Article 131 (2)(a) IS, the ​civil and commercial law applicable to the
European Group must be the same as the private law in force in Nederlands. This principle is
known as the principle of ​concordance​ (concordantie).
The civil and commercial regulation for the Native Group, must be based on Adat Law,
i.e.​7 on indigenous customs and religion, and the private law for Foreign Oriental Group is
basically the same with European Group except the ​customary law which​8 brought by Foreign
Oriental from their places of origin.

The procedure of private law is different from criminal law. The party bringing a ​private
action is called ​plaintiff and the party suspected to do something wrong is called defendant.
Once the plaintiff has shown that the defendant is ​liable​, the main argument in a private court
then is about the amount of money, or ​damages​, which​9 the defendant should pay to the
plaintiff.

Vocabulary
English Indonesia

1.​ p
​ rivate law …………………………

2.​ p
​ rivate relation …………………………

3.​ p
​ rivate action …………………………

4.​ r​ egulate …………………………

5.​ c​ itizen …………………………

6.​ c​ ommercial law …………………………

7.​ p
​ opulation group …………………………
 8.​ E
​ uropean Group …………………………

9.​ N
​ ative Group …………………………

10.​ F
​ oreign Oriental Group …………………………

11.​ c​ ustomary law …………………………

12.​ p
​ rocedure …………………………

13.​ p
​ laintiff …………………………

14.​ d
​ efendant …………………………

15.​ l​ iable …………………………

16.​ d
​ amages …………………………

B. THE CRIMINAL LAW

Criminal law means the law regulating the relation between citizens and the state.
Crimes can be thought of as acts which the state considers to be wrong and which can be
punished by the state.
As a contrary to the private law, uniformity was achieved in this subject through Criminal
Code 1918. One of the important principle in Indonesia Criminal Law is “nullum delictum
noella poena sine privilege poenale”, which means there is no punishment for criminals
without any regulation of what has he/she done previously.
The most important thing in differences between private law and criminal law is the
procedure in forcing the two kinds of law. In private law, the party bringing an action to the
court is called plaintiff, i.e. the person who experience losses, while the party bringing a
criminal action is called prosecutor who is a public servant. Once the prosecutor has shown
that the defendant is guilty, he/she will be sent to the jail.

Vocabulary
English Indonesia

1.​ c​ riminal law ……………………

2.​ w
​ rong ……………………

3.​ p
​ unish ……………………
 4.​ f​ orcing ……………………

5.​ p
​ rosecutor ……………………

6.​ g
​ uilty ……………………

7.​ j​ ail ……………………

SIMPLE PRESENT

SUBJECT + SIMPLE PRESENT

A.​ S
​ imple Present digunakan untuk:

a.​ H
​ al-hal yang umum sifatnya;

b.​ H
​ al-hal yang terjadi berulang-ulang;

c.​ H
​ al-hal yang benar secara umum.

Kejadian tidak perlu berlangsung pada saat berbicara.

Misal:
​ lex ​is ​a lawyer.
-​ A
​ he Earth ​goes​ round the sun.
-​ T
-​ I​ n Jakarta most of the law firms ​close​ at 9.00 p.m.
-​ I​ ​work​ in Bank. Barry ​works​ in a court.
I/We/You/They work
She/He/It work​s

B.​ Q
​ uestions and Negative Sentences

Dalam kalimat tanya atau kalimat negatif digunakan ​do/does do​‚

I/we/you/they ​work​? I/We//You/They ​do not​‚ ​work ​does​‚ he/she/it
He/She/It ​does not

Misal:
​ xcuse me, ​do​ you ​speak ​English?
-​ E
-​ ​Would you like a cigarette? No, thanks, I ​don't smoke​. - What ​does ​this word ​mean​? (not
what means this word?) - Rice ​doesn't grow​ in Britain.

C.​ ​Simple Present juga digunakan untuk mengatakan sesuatu hal yang seringkali
terjadi.

Example:
 -​ ​I ​get​ up at 5 o'clock ​every morning​ (not 'am getting) - How ​often​ do you ​go ​to the
dentist?
​ ika does not ​often drink ​tea
-​ R

- In summer Tom ​usually plays​ tennis ​twice a week

- She ​always comes​ to the meeting on time

D.​ U
​ ntuk mengetahui asal seseorang.

​ here ​do ​you ​come​ from? (not where are you coming from?)
-​ W
​ e ​comes​ from Japan (not He is coming from Japan)
-​ H

E.​ U
​ ntuk membuat usulan.

-​ I​ am tired, ​why don't you​ go to bed early?

EXERCISE 1
A.​ ​Isikan verb yang benar pada ruang kosong berikut​:

Example​ : Water ​boils​ (boil) at 100 degrees centigrade.

George ​does not go​ (not/go) to the cinema very often.
How many languages ​do you speak​ (you/speak)?

1.​ T
​ he swimming bath ......... (open) at 9.00 and .......(close) at 18.30 every day.

2.​ W
​ hat time ................ (the banks/close) in Jakarta?

3.​ I​ have a car but I ............... (not/use) it very often.

4.​ H
​ ow many cigarettes .............. (you/smoke) a day?

5.​ '​ What .............. (you/do)?' 'I am an electrical engineer.'

6.​ '​ Where ........... (your father/come) from? 'He .......... (come) from Scotland.
7.​ I​ f you need money, why ........... (you/not/get) a job?
8.​ I​ .......... ((play) the piano, but I .......... (not/play) very well
9.​ I​ don't understand the word 'deceive'. 'What ............. ('deceive'/mean)?

B.​ ​This time you have to read some sentences and correct them. The English is
correct but the information is wrong. Write two correct each time​.
 ​Example​: The sun goes round the earth. ​The sun does not go round the earth
The earth goes round the sun

1.​ ​The sun rises in the west. .......................................

..................................................................
2.​ ​Mice catch cats. .................................................
..................................................................
3.​ C
​ arpenters make things from metal. ...............................

..................................................................
4.​ T
​ he River Amazon flows into the Pacific Ocean. ...................

..................................................................
C. Now you have to use these sentences to make questions. Begin your question
with the word(s) in brackets.

Example​: Tom plays tennis. (How often?)

How often does Tom play tennis?
I get up in the morning. (What time/usually)
What time do you usually get up in the morning?

1.​ A
​ nn watches television. (How often?) How often .......................

2.​ I​ write to my parents. (How often?) ...................................

3.​ I​ have dinner in the evening. (What time/usually) .....................
4.​ T
​ om works. (Where?) ...................................................

5.​ I​ go to the cinema. (How often?) ......................................

6.​ P
​ eople do stupid things. (Why?) .......................................

7.​ T
​ he car breaks down. (How often?) .....................................