Interpretation of Statutes at Indonesia
Certainly! Here’s an overview of Interpretation of Statutes in Indonesia:
📘 Interpretation of Statutes in Indonesia
1. Legal System Overview
Indonesia follows a civil law system influenced by Dutch colonial law, customary (adat) law, and modern Indonesian legislation.
Statutes (laws and regulations) are the primary sources of law.
The 1945 Constitution of the Republic of Indonesia (Undang-Undang Dasar 1945) is the supreme law.
2. Sources Governing Interpretation
The 1945 Constitution – highest legal authority.
Various laws and regulations enacted by the People’s Representative Council (DPR).
Judicial decisions of the Supreme Court and Constitutional Court provide guidance.
Customary law (adat) applies in some local contexts but is subordinate to national statutes.
3. Principles and Methods of Interpretation
a. Literal Interpretation
Courts first consider the ordinary and grammatical meaning of the statutory language.
Clear and unambiguous wording is applied directly.
b. Systematic Interpretation
Statutes are interpreted in the context of the overall legal system.
Courts look at related laws and regulations to ensure consistency.
c. Purposeful (Teleological) Interpretation
When language is unclear or ambiguous, courts seek the intention and purpose behind the legislation.
Legislative intent is considered to avoid absurd or unjust results.
d. Historical Interpretation
Legislative history and preparatory documents may be consulted if needed.
This is less common due to limited availability of such materials.
4. Judicial Role
The Supreme Court (Mahkamah Agung) interprets statutes in civil, criminal, and administrative cases.
The Constitutional Court (Mahkamah Konstitusi) reviews laws for constitutionality and interprets constitutional provisions.
Judicial precedents are not formally binding but hold persuasive value.
5. Constitutional Supremacy
All statutes must comply with the 1945 Constitution.
The Constitutional Court can annul laws inconsistent with the Constitution.
Interpretation must align with constitutional rights and principles.
6. Summary Table
| Principle | Description |
|---|---|
| Literal Interpretation | Focus on the ordinary meaning of words |
| Systematic Interpretation | Consideration of statute within legal system |
| Purposeful (Teleological) | Legislative intent and purpose focus |
| Historical Interpretation | Legislative history consulted when necessary |
| Constitutional Review | Laws must align with the 1945 Constitution |
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