Definition of procedural law – Indonesia is a country that has laws. Later in court there will also be such a thing as procedural law. Maybe so far we only know about the rule of law, but do not really understand if there is a term procedural law.
The easy definition of procedural law is a series of rules that are always binding and regulate the procedures that are carried out when a trial is held. Whether it’s the initial trial, civil or state administrative hearings.
Judging from this explanation, of course the existence of procedural law is also very important in the course of the trial. So, for this reason, this article will provide an explanation of all matters related to procedural law.
Procedural Law
1. Definition of procedural law
The first thing we will discuss together is the meaning of procedural law. Previously, it was also briefly explained what procedural law was.
Basically procedural law is made to be able to guarantee that every legal process can run according to what has been determined in law enforcement. From this explanation, it can be interpreted that procedural law is a series of rules governing all procedures for submitting a case to a judicial body or court, which is also the way the judge gives a decision.
Procedural law will regulate a relatively general branch of law. For example, such as criminal and civil procedural law. Each country will have different jurisdictions and court authorities as well as different rules related to the procedural law itself.
In general, procedural law all over the world will have the same elements even though the rules are still different. The existence of procedural law will make it easier to ensure that the law can be enforced fairly as it should.
In addition, the existence of procedural law also regulates procedures for indicting, proving, notifying and testing material law so that the law can be implemented properly.
2. Indonesian procedural law
As explained, each country has its own procedural law. Although when viewed from the elements, the procedural laws throughout the world are the same. However, the rules will be different. In Indonesia itself there are several procedural laws that apply. So, to find out more about procedural law in Indonesia, here is an explanation.
- The Criminal Procedure Code which is used to regulate criminal procedure law.
- The Law on the Constitutional Court, which is used to regulate the procedural law of the Constitutional Court.
- The Civil Code, which is used to regulate civil procedural law.
- State Administrative Court Law, which is used to regulate procedural law
- State Administrative Court.
- The Law on the Religious Courts, which is used to regulate the procedural law of the Religious Courts.
Civil law
1. Definition of Civil Law
Law is a tool or a set of rules. Meanwhile, civil law is an arrangement of rights, the price of objects and things that have something to do with individuals and legal entities, where civil law can easily be interpreted as provisions that regulate the rights and obligations of a person in society.
The term civil law comes from the Dutch language, namely Burgerlijk Recht. In addition, civil law is also often referred to as private law or civil law. Even so the term most commonly used is civil law.
In Indonesia, civil law consists of several components as explained below.
- Customary civil law which is a legal provision that can regulate the relationship between individuals and their lives in society and related to individual interests. These customary provisions are usually unwritten and can apply from generation to generation in the life of the community.
- Then there is European civil law which is a provision or law that will regulate the relationship between laws related to the interests of Europeans.
- National private law is a field of law that is used as a national product. One part of the national civil law is about marriage law which is in Law Number 1 of 1974 and Agrarian Law in Law Number 5 of 1960.
2. Civil Procedure Law
When viewed from its function, law is divided into material law and formal law or can be referred to as procedural law. Civil procedural law is a formal law which basically has the function of being able to defend or enforce material civil law through the judiciary if there is a violation related to material civil law or a dispute occurs.
In addition, civil procedural law will also regulate how to obtain rights and legal certainty in the event of a dispute through submission or application to court.
In general, usually the judge in court will carry out the preparation of lawsuits, filing lawsuits, examining lawsuits, court decisions until the execution process or implementation of court decisions. Where civil procedural law will regulate several processes of settlement of these civil cases.
For more details, here is an outline of the stages of civil justice that you can read in full.
- Claim filing process.
- Claim review process.
- Proof of probation.
- Decision made.
- Legal efforts against a predetermined decision.
3. Sources of Civil Procedure Law
Until now, Indonesia’s civil procedural law still has guidelines, in which arrangements related to civil procedural law still exist in various types of laws and regulations as explained below.
- HIR (Het Herziene Indonesche Reglement). HIR which is often translated as RID (Updated Indonesian Regulation), S.1848 number 16 jo. S.1941 number 44, which can apply to the regions of Java and Madura.
- RBg (Het Rechtsreglement Buitengewesten), S. 1927 number 227. RBg which applies to areas outside Java and Madura.
- Rv (Reglement op de Burgerlijke Rechtsvordering), S. 1847 number 52 and S.1849 number 63. Rv is commonly known as the Civil Procedure Code Regulation for European Groups.
- BW (Book of Civil Law), especially Book IV.
- WvK (Book of Commercial Law).
- Various related laws such as:
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- Law on Repeat Trial / Appeal Procedure (Law No. 20/1947).
- Law on Judicial Power (Law No. 48/2009).
- Law on General Courts (Law No. 2/1986, jo. Law No. 8/2004, jis. Law No. 49/2009).
- Law on the Supreme Court (Law No. 14/1985, jo. Law No. 5/2004, jis Law No. 3/2009).
- Law on Advocates (Law No. 18/2003).
- Law on Marriage (UU No. 1/1974) and its implementing regulations such as: PP No. 9/1975 and PP No. 10/1983.
- Law on Bankruptcy and Suspension of Debt Payment (UU No. 37/2004).
- Supreme Court Regulation (PERMA).
- Instructions and Circular of the Supreme Court (SEMA).
- International Agreement.
- Habits.
4. Principles of Civil Procedure Law
It does not only have regulatory guidelines that have been spread in statutory regulations. However, civil procedural law also has several principles in it. So, the principles in the civil procedural law are as follows.
- The judge has the nature of waiting (iudex no procedat ex officio). We can find this principle in article 10 paragraph (1) of Law no. 48 / 2009 and article 142 rbg / article 118 HIR.
- Article 142 paragraph (1) rbg will determine a civil lawsuit at the first level which in the process of examination will become the authority of the district court to be filed by the plaintiff or by an attorney.
- The judge has a passive. The term passive can have various meanings such as initiative, the judge is obliged to conduct trial of all charges, the judge can carry out formal truth pursuits and the parties can be free to file charges or cannot file a law.
- Session Open to the Public (Openbaarheid van rechtspraak). Article 13 paragraph (1) Law no. 48/2009 concerning judicial power stipulates: all court hearings are open to the public, unless the law stipulates otherwise.
- Audi Et Alteram Partem, which as stated in article 4 paragraph (1) No. 48/2009, article; 145 and 157 rbg, articles 121 and 132 HIR.
- The existing decision must be accompanied by reasons.
- Fees apply.
- The Existence of Trilogy Trilogy (Simple, Fast and Low Cost)
- There is a principle of freedom from interference outside the court.
Criminal law
1. Definition of Criminal Law
Before discussing criminal procedural law, it would be better if we also know the meaning of criminal law itself. In terms of understanding, criminal law is a collection of rules that can regulate actions.
Whether it’s calling for an action or doing something so as to prohibit doing or doing something in accordance with the provisions in the law and regional regulations that are threatened with the presence of a criminal witness.
2. Criminal Procedure Code
At this point we will explain about criminal procedural law. Where criminal procedural law enters into one form of procedural law.
If interpreted, criminal procedural law is a law that regulates how to maintain and maintain a material criminal law. In addition, criminal procedural law can also be referred to as formal criminal law.
Where this term also already exists in Law Number 8 of 1981 concerning Criminal Procedure Code, which in Article 285 is officially named the Criminal Procedure Code or abbreviated KUHAP.
Actually, the Criminal Procedure Code is not very clear and firm regarding the meaning of criminal procedural law. However, there are several parts of the criminal procedural law that are explained such as the meaning of investigation or investigation, prosecution, trial, pretrial, court decision, legal action, detention, arrest, search and confiscation.
3. Purpose of Existing Criminal Procedure Code
The existence of a criminal procedural law will of course also have several objectives. So, to find out more about the purposes of criminal procedural law, here is a complete explanation.
- Seeking and obtaining material truth.
- Carry out the prosecution process.
- Carry out the inspection process and decision process.
- Carry out the judge’s decision.
4. Functions of the Criminal Procedure Code
In addition to its objectives, criminal procedural law also has several functions. The several functions of criminal procedural law are as follows.
- The first function of the criminal procedural law is to implement and enforce the criminal law itself. This function can be interpreted as repressive towards criminal law where later if there is an act that falls into the category of criminal procedural law it must be processed so that the provisions in the criminal law can be applied to the perpetrator.
- Another function of the existence of criminal procedural law is to prevent and reduce criminal acts. This function can be seen when criminal procedural law is carried out in various kinds of judicial administration activities from the operation of the criminal justice system.
5. Principles of Criminal Procedure Law
Like civil procedural law, criminal procedural law also has principles in it. Now to know more about what are the principles contained in the criminal procedural law, they are as follows.
- The principle of justice is fast, simple and low cost.
- The Principle of Direct and Oral Examination of Judges
- The principle of court examination is open to the public
- The Principle of Everyone is Treated Equal in Front of Judges
- Principle of Presumption of Innocence
- Accusator and Incisator Principles
- Opportunity Principle
- The principle of justice is carried out by judges because of their permanent positions
- Principles of Suspects and Defendants Have the Right to Legal Assistance
6. Parties Participating in Criminal Procedure Code
In its implementation, criminal procedural law also has several participating parties. Some of the parties participating in the criminal procedural law are as explained below.
- Law advisor.
- Public prosecutor or prosecutor.
- suspect or defendant.
- Investigators and Investigators.
Administrative Law
Next, we will study state administrative law or business administration law, in which state administrative law is the whole rule of law that has to do with the administration of government or state affairs which can be referred to as government or state law.
1. Definition of State Administrative Law
Administrative law is a series of regulations which contain the manner in which people must act against the court and the manner in which the courts will act one to another so that they can be implemented in accordance with the regulations of state administrative law or state administrative law.
2. Parties Participating in State Administrative Procedure Law
Just like other procedural law, state administrative procedural law also has parties participating in it. Where there are three parties who participate in the process of implementing state administrative procedural law such as the plaintiff, the defendant and interested third parties.
Now, for more details, here are three parties that participated in the state administrative procedural law.
- The plaintiff or a civil legal entity who feels his interests have been harmed by a State Administrative decision made by a state administrative body or official, both at the central and regional levels.
- The defendant is a state administration agency or official who will issue a decision on the basis of the authority vested in him or delegated to him from the person being sued or a civil legal entity.
- An interested third party is anyone who has an interest in another party’s dispute (which is being examined by the court), whether it is personal initiative by submitting an application or a judge’s initiative involved in a state administrative dispute.
Well, that’s a summary of procedural law. Starting from the general understanding of procedural law, civil procedural law, criminal procedural law to administrative procedural law, this article has clearly summarized it.