Pengaruh Hukum Anglo-Saxon terhadap Sistem Hukum Indonesia
The Indonesian legal system, a fascinating blend of indigenous customs, religious principles, and foreign influences, stands as a testament to the country's rich history and diverse cultural tapestry. Among the external forces that have shaped this system, the Anglo-Saxon legal tradition, with its roots in English common law, has played a significant role. This influence, though not as pervasive as the Dutch civil law tradition, has left its mark on various aspects of Indonesian law, particularly in the realm of commercial law and criminal procedure. This article delves into the intricate relationship between the Anglo-Saxon legal tradition and the Indonesian legal system, exploring the key areas of influence and the enduring impact of this historical connection.
The Legacy of Colonialism: A Foundation for Influence
The arrival of the British East India Company in the 17th century marked the beginning of British influence in Indonesia, albeit limited to certain trading posts. However, the Dutch colonial administration, which held sway over most of the archipelago, adopted certain aspects of English common law, particularly in the realm of commercial law. This adoption was driven by the need to establish a legal framework that facilitated trade and commerce within the colonial context. The Dutch, recognizing the practicality and flexibility of English common law, incorporated elements of this system into their own legal framework, which in turn influenced the development of Indonesian law after independence.
Commercial Law: A Blend of Traditions
The influence of Anglo-Saxon law is most evident in Indonesian commercial law. The Dutch, during their colonial rule, introduced the concept of "rechtshandelingen" (legal acts), which borrowed heavily from English common law principles. This concept, central to commercial transactions, emphasizes the importance of contractual agreements and the legal consequences of breaching such agreements. The Indonesian Commercial Code, enacted in 1938, further solidified this influence, incorporating elements of English common law into its provisions. This code, still in effect today, governs a wide range of commercial activities, including contracts, sales, and negotiable instruments.
Criminal Procedure: A Shift Towards Adversarialism
While the Indonesian criminal justice system primarily adheres to the inquisitorial model, influenced by the Dutch civil law tradition, there are notable traces of Anglo-Saxon influence in the realm of criminal procedure. The introduction of the "adversarial system" in certain aspects of criminal proceedings, particularly in the investigation and trial phases, reflects the influence of English common law. This system, characterized by a more active role for the defense attorney and a focus on the presentation of evidence, has contributed to a greater emphasis on due process and fair trial rights in Indonesian criminal law.
The Enduring Impact: A Hybrid System
The influence of Anglo-Saxon law on the Indonesian legal system is undeniable, though it is important to note that this influence is not absolute. The Indonesian legal system remains a hybrid system, drawing upon various legal traditions and adapting them to its own unique context. The Anglo-Saxon influence, while significant in certain areas, has been integrated into a broader legal framework that reflects the country's diverse cultural and historical heritage.
The legacy of Anglo-Saxon law in Indonesia is a testament to the interconnectedness of legal systems across the globe. The influence of English common law, though not as pervasive as the Dutch civil law tradition, has left its mark on various aspects of Indonesian law, particularly in the realm of commercial law and criminal procedure. This influence, a product of historical circumstances and the need for a practical and flexible legal framework, continues to shape the development of Indonesian law in the 21st century.