NCJ Number
60217
Date Published
1979
Length
17 pages
Annotation
TRADITIONAL VILLAGE COURTS AND CUSTOMARY LAW COEXIST WITH THE MODERN SYSTEM OF POLICE, PROSECUTOR, AND JUDGE IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM.
Abstract
AFTER INDONESIA ATTAINED INDEPENDENCE FROM COLONIAL RULE, REFORMS IN THE CRIMINAL JUSTICE SYSTEM WERE NEEDED. IN MAKING INNOVATIONS, DUE CONSIDERATION HAD TO BE GIVEN TO TRADITIONAL VALUES AND INSTITUTIONS, BUT AT THE SAME TIME THE MODERN POLICE, PROSECUTORS, JUDGES, AND CORRECTIONAL AUTHORITIES HAD TO BE RETAINED. THUS A SYNTHESIS OF THE MODERN AND TRADITIONAL SYSTEMS HAD TO BE CREATED. THE ARTICLE BRIEFLY SKETCHES INDONESIA'S MODERN HISTORY AND THEN EXPLAINS THE INTRICACIES OF THE TRADITIONAL RELIGIOUS AND VILLAGE COURTS AND THEIR IMPACT ON INDONESIA'S PRESENT CRIMINAL JUSTICE SYSTEM; E.G., 'ADAT' (CUSTOMARY) LAW HAS BECOME PART OF THE CONTEMPORARY JUSTICE STRUCTURE IN CERTAIN SITUATIONS. THE DIFFERENCES BETWEEN ADAT LAW AND CODIFIED LAW ARE ANALYZED WITH SPECIFIC EXAMPLES. THE 1970 BASIC LAW STIPULATES THAT NO PERSON SHALL BE CONVICTED UNLESS A COURT OF LAW IS SATISFIED ON CLEAR EVIDENCE THAT THE INDIVIDUAL IS GUILTY. ALSO, EVERY PERSON ACCUSED OF AN OFFENSE IS ENTITLED TO LEGAL ASSISTANCE AND TO THE FREEDOM OF COMMUNICATION. THE ACCUSED PERSON MUST BE PRESENT AT THE CRIMINAL TRIAL AND IS PRESUMED INNOCENT UNLESS THE CONTRARY IS PROVED. THE PRINCIPLES, ORGANIZATION, AND FUNCTIONS OF THE POLICE ARE OUTLINED AND POLICE TRAINING IS DESCRIBED. THE CORRECTIONAL SYSTEM, AND PARTICULARLY THE TREATMENT OF OFFENDERS, IS EXPLAINED. SEVERAL EXPERIMENTS IN IMPLEMENTING THE IDEA OF RESOCIALIZATION OF PRISONERS ARE DETAILED, THE GOAL BEING TO REHABILITATE RATHER THAN JUST TO PUNISH OFFENDERS. PROBLEMS IN DEALING WITH PROBATION, PAROLE, AND AFTERCARE OF EX-OFFENDERS ARE ALSO DISCUSSED. (PRG)