Comparison of the Indonesian Legal System with the Dutch Legal System

Abstract

Comparison of legal systems is comparing two or more legal systems in other countries, so as to obtain differences and similarities between one country and another. Learning about legal systems means having to start from different legal histories, even though the rules are somewhat the same, they are definitely different. However, even if there are similar rules between one country and another, there may still be differences in procedures and philosophies

The importance of studying comparative legal systems is to gain broader insight so as to gain a better understanding of the legal system and to predict whether the legal system can be applied in Indonesia or not. Broadly speaking, in this world, although there are five known legal systems, namely; Civil law, common law, socialist law, Islamic law and customary law systems, but in fact the dominant ones used in the international world are only two, namely civil law and common law systems, socialist law, Islamic law and customary law systems, but in fact only two are dominantly used in the international world, namely civil law and common law legal systems. The United States has a different structure in Indonesia so it is not suitable to be compared/applied in Indonesia. Comparative legal systems do not only compare the legal systems of one country or another but can also compare the past and present periods. For example, comparing the new law with the old law. In Indonesia, the legal system has long failed to function as it should. This is because for a long time the law has been marginalized and merely used as an ornament In fact, since the process of democratization, law is really needed and has a central role. The malfunction of the legal system has given rise to anarchism when people face the authorities, and even conflicts between communities. People are made apathetic and sometimes resort to street justice. The purpose of this research is to clarify the legal comparison between Indonesia and the Netherlands, so the following conclusions can be drawn: 1. Comparison of the Indonesian legal system and the Dutch legal system, 2. Application of the national legal system in Indonesia, which is a former Dutch colony.