SHARIAsource

This statute provides a second set of amendments to Law No. 7 of 1989 on the Religious Judiciary, as initially amended by Law No. 3 of 2006.

The amendments contained within this revised statute on banking explicitly permit, as well as regulate, shari'a banking practices in Indonesia. Crucially, the statute states that Bank Indonesia (Indonesia's Central Bank) may set conditions and provisions to which banks wishing to practise shari'a banking must adhere.

This statute regulates shari'a banking practices and the establishment of shari'a banks in Indonesia. The statute acknowledges the principles of shari'a banking as forming part of the teachings of Islam. More specifically, it acknowledges the Islamic prohibition on riba (usury or interest) in a variety of forms, and how implementing a system based on profit and loss sharing can create a healthy and just investment climate.

Superseding Law No. 4 of 2004, this statute regulates the various judiciaries in Indonesia, the judicial power and authority they exercise, and the jurisdiction and matters over which they may exercise that power.

The successor of Law No. 10 of 2004 on Lawmaking, this statute regulates the lawmaking process in Indonesia. Importantly, art 7 provides a hierarchy of laws applicable in the event of any inconsistency between laws:

1. 1945 Constitution;
2. Determinations of the People's Deliberative Council (Majelis Permusyawaratan Rakyat);
3. Laws/Government Regulations replacing Laws;
4. Government Regulations;
5. Presidential Regulations;
6. Provincial Regulations; and
7. Regency/Municipal Regulations.

This statute makes amendments to the pre-existing Law No. 23 of 2006 on Population Administration.

This Supreme Court circular is designed to accelerate the process of voluntary marriage ratification by providing prospective applicants with a set of guidelines and instructions to which they must adhere in order to ensure their marriage is formally ratified.

This presidential regulation makes provision for the registration of Indonesian residents, both citizens and foreigners residing in Indonesia, as well as the specific information the state may record.

This government regulation makes provision for the implementation of Law No. 23 of 2006 on Population Adminstration, outlining the government's role in coordinating population administration on a national scale.

This regional regulation regulates the authority enjoyed by the municipal government of Banjarmasin, including in the fields of agriculture; mining and energy; industry and trade; cooperatives; capital investment; public works; education and culture; spatial regulation; and environment.

This statute, promulgated during the implementation of desentralisasi (decentralisation) following Soeharto's resignation in 1998, regulates the distribution and management of funds between the central government and regional governments, including the responsibilities of regional governments to audit and manage those monies provided to them by the central government.

Replacing Law No. 25 of 1999 on Fiscal Equalisation, this statute regulates fiscal equalisation between the central government and regional governments, primarily governing the central government's allocation of funds to regional governments designated to assist the central government in the implementation of its functions and responsibilities (tugas pembantuan).

This replacement law on government regulation regulates gubernatorial, regent, and mayoral elections. These include the registration of candidates, requirements candidates must meet prior to registration, campaigning, voting procedures, and supervision and sanctions applicable to counting and recounting votes. It also regulates the applicable code of ethics, administrative breaches, dispute resolution, criminal conduct, state administrative disputes, and election result disputes.

In light of Law Replacement Government Regulation No. 1 of 2014, this law replacement government regulation makes minor amendments to arts 101 and 154 of Law No. 23 of 2014 on Regional Administration, revoking the authority of the Regional People's Representative Councils (Dewan Perwakilan Rakyat Daerah) to elect governors and regents/mayors.

This regional regulation categorises alcoholic beverages in accordance with their alcoholic content and prohibits their distribution and sale. It provides several exceptions to this rule:

1. if the beverage contains spices, jamu (herbal medicine), or the like and is for medicinal purposes;
2. 3-, 4-, or 5-star hotels;
3. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka);
4. certain places already stipulated in accordance with mayoral decrees/regulations; and
5. duty free shops selling alcohol to Indonesian diplomats, foreign workers, persons going overseas, and persons arriving from overseas.

The regulation does not, however, make any reference to Islam or religion.

This regional regulation prohibits prostitution for its repudiation of religious and moral norms. Most importantly, art 4(1) of the Regulation states that any person whose conduct is suspicious and gives rise to an assumption they are a prostitute is prohibited from being on the street, in a hotel, and places of entertainment. Possible sanctions include three months' imprisonment or a fine of up to IDR 15 million. Article 4(2) prohibits any person from being intimate, embracing and/or kissing in a sexual manner in public places or places visible to the public.

While this regional regulation does not specifically refer to religion (agama) or Islam, it aims to provide legal certainty for the community and law-enforcers in the monitoring and controlling of the distribution of alcoholic beverages. It is also concerned with societal behaviour and curbing crime resulting from alcohol abuse. It categorises alcoholic beverages in accordance with their alcoholic content (A - 0-5%; B - 6-20%; C - 21-55%) and qualifies that they may only be distributed and sold by direct sellers in: 

1. 3-, 4-, or 5-star hotels; and
2. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka).

Alcohol of types B and/or C sold in the above designated places may be consumed in hotel rooms on the condition that containers contain no more than 187 ml. If the region does not have such designated places, the regulation permits the regent to designate such places, after considering the tourist activities conducted in the area. The regulation places a blanket prohibition on beverages with an alcoholic content in excess of 55%.

Retailers are only permitted to sell alcohol in packaging, in designated areas, away from places of worship, schools, hospitals, or other places stipulated by the regent. The regent is also required to assemble a team comprising specialists in trade, industry, health, tourism, security and social order. The regulation also regulates the storage of alcoholic beverages, obligates alcohol vendors to submit official quarterly reports of their alcohol sales to the Kepala Dinas, and obliges society to assist in the monitoring and controlling of the distribution of alcoholic beverages.

This statute regulates the composition and organisation of the People’s Consultative Council (Majelis Permusyawaratan Rakyat), People’s Representative Council (Dewan Perwakilan Rakyat), Regional Representative Council (Dewan Perwakilan Daerah), and Regional People’s Representative Council (Dewan Perwakilan Rakyat Daerah). It also regulates the rights of members of the respective councils, and their authority to make legislative instruments, including regional regulations.

This status update on Law No. 27 of 2009 reflects several Supreme Court decisions that have qualified the authority of several articles of the Law, including rendering art 184(4) invalid.

The four applicants wished to nominate themselves for the then-upcoming elections of regent and deputy-regent of Pidie, Bireun, Aceh Timur, and Simeulue respectively in 2011. Article 256 of Law No. 11 of 2006 on the Governance of Aceh, however, required that individual/independent candidates in regional head elections be nominated by a political party or coalition. In other words, art 256 precluded the nomination of independent candidacy. Therefore, pursuant to art 50 of Law No. 24 of 2003 on the Constitutional Court, the applicants sought to challenge the constitutional validity of art 256 of Law No. 11 of 2006 on the grounds that it contravened arts 18(4), 27(1), 28D(1) and (3), and 28I(2) of the Indonesian Constitution. The applicants also claimed that art 256 contravened art 43 of Law No. 39 of 1999 on Human Rights, which reiterated and elaborated upon art 28D(3) of the Constitution, in regards to every Indonesian citizen being entitled to be elected to a position of political office.

The court acceded to the application, finding art 256 of Law No. 11 of 2006 in contravention of the aforementioned constitutional guarantees and, therefore, rendered it null and void.