Driving in (Jakarta) Indonesia - Part 1

(see also my related follow up article - "Part 2")

A friend and fellow expat who lives just down the street from me summed it up very well; every time you get behind the wheel of an automobile here in Jakarta is like pulling the handle of a slot machine with a high probability of getting into an accident or killing someone, especially with a motorbike which may have up to three people on it including a mother holding an infant or a small child (all without helmets of course).

I have described my ordeal driving here to friends and family back home in Washington, DC but the only way to truly understand is to see a video clip of traffic or driving here (which I will upload to this post soon). My first week here driving was a white knuckled harrowing experience.  Not only did I have to get acclimated to driving a car with the steering wheel on the right hand side of the car (ours in America are with the steering wheel on the left hand side of the vehicle) and get used to driving on the left (wrong) side of the road; but then there was the madness and insanity of the traffic, learning the (non) rules of the road and driving behavior here, and the swarms of motorbikes that surround your vehicle within inches at times. Coming from America this was a HUGE shock for me.  We are a society or culture that likes our "elbow room" and personal space.

It took me about a month for my frazzled nerves and stomach ulcers to subside and accept driving in Indonesia, and once you understand the behavior of other drivers and the way things are here, in some insane sort of way it all works out and I can drive anywhere now without freaking out or getting white knuckles from clutching the steering wheel in shock and horror.


I found this article (below) written by another expat on another forum site which does a great job of painting a picture of what driving here is truly like and entails.  His/her post follows below.  I really wish I had read this article or post before driving here (particularly with regard to the attitude and swarms of motorbikes); but I can say from first hand experience that the writer is dead center on target with his assessment of the situation here.

And if all this is not enough for you.... did I mention anything yet about smog and pollution as a result of all this traffic here which is exacerbated by the lack of any vehicle safety and emissions inspections as we have in America?  You'll see cars and trucks on the road in disrepair and spewing all kinds of noxious emissions into the air.  Has Jakarta government officials given any thought to having passenger vehicle, trucks or motorcycles having even minimal safety and emissions standards?! 


http://www.expat-blog.com/en/guide/asia/indonesia/2437-save-yourself-hire-a-driver.html
Article written by indohell

Have you seen Demolition Derby?  Well ... if you're happen to be living in Indonesia, you'll see demolition derby drivers everyday in the streets of Indonesia.  Even worse, not only you find them driving cars, and public transportations such as buses or mini buses, you'd find them driving motorcycles too.  In short, almost every driver in Indonesia is really not decent drivers, and you can't expect them to obey traffic regulations, let alone respect you as another driver.

Nowadays, Indonesia is even worsening with the rise of motorcycles on the streets.  Motorcycles have become cost-effective mode of transportation because of lack of decent public transportation.  In result, people with very poor educational background (and indeed financially poor as well) can afford those cheap motorcycles.  And you can then imagine if you let people with very poor educational background and poor knowledge of safe driving behind wheels, you'll get drivers that not only don't have regards whatsoever to traffic regulations, but also endangering themselves, and YOU.

The worst kinds of drivers in Indonesia are public transportation drivers, and motorcycle drivers.  The problem is that they are the largest driver population in Indonesia, and now you can imagine how dangerous it is the streets of Indonesia.

Public transportations are known to always stop where they are not supposed to stop.  They don't stop at bus stops, but instead at anywhere they see a passenger waiving at them.  So, if you are driving, be very careful of the buses as they can stop to let passengers alight or get on, even when you don't see any bus stops around. The danger is that they can suddenly cut you in just to be able to pull over to the side without any warning whatsoever.

Then, there are motorcycle drivers, who are currently even more dangerous than any drivers in Indonesia, if not the most dangerous.  For starter, in their perspective, they don't recognize what we call "lanes".  They can drive anyway they want, and the danger is that they always squeeze their way in between cars, until there are only less than an inch.  If your side rear view mirrors got rubbed by those motorcycles, well that happens everyday.  And don't expect them to stop and give you a gesture of sorry. No sir, they just pretend they didn't know and drive away.  Don't even think to try to reprove or refute to them as they could get rough and even come at you angrily.  Take it from someone who has lived the experience myself.


Motorcycles in Indonesia is like swarming pests coming all around you.  Be careful when you've got swarmed as they are known to always cut you in deliberately.  They expect you to hit the brake and let them pass instead of the other way around (being more careful and not cutting people's way).  Their perspective is that they are the poor, driving motorcycles, and you're the haves, driving cars, so that you have to give in to them.  Amazingly ridiculous, and pathetic, I know.  I couldn't believe what I'm learning myself when my Indonesian staff finally tell me about this "belief".  But that's the reality in Indonesia, and you'd better just be careful and play along if you want to stay safe.

Even worse, if you're driving in Indonesia, you'll find motorcycles driving against the traffic.  Yeah, you read me right, they drive against the traffic, on the wrong side of the streets, and yes, they do it deliberately, and yes, you'll find this scene everywhere you go.  What would make you even more angrier is that they don't consider themselves violating any regulation nor your rights (as a good driver driving in your lane), and they'd expect you to give way to them.

So, my suggestion for you is to hire a driver to drive you around.  Don't even think to drive by yourself if you don't want to get headache and accidents along the way dealing with those unethical and dangerous drivers. Let the Indonesian drivers deal with another Indonesian drivers.  Somehow they think alike, and they have greater tolerance to violations.

I noticed my driver doesn't even get annoyed or pissed off by the behaviors of those unethical drivers.  He gives way heartily to those traffic violators and to him it's like the everyday's norm.

Hiring a driver in Indonesia, especially in Jakarta could be as low as Rp 1.500.000,- per month (USD 150) to as high as Rp 3.000.000,- per month (USD 300).  I suggest you go with the "all-in" scheme which will cost you well between USD 200 - 300 per month.  Living in Jakarta means dealing with traffic congestions every day, so that it's very likely that you'd be with your driver from morning to late in the evening.  Don't go with the scheme that goes with overtime fees on top of basic salary for you'd end up paying more than the "all-in" scheme anyway.

Jakarta currently has 7,650 meters of road with a growth rate of 0.01% compared to the motor vehicle growth rate of 0.26%. Jakarta Police have predicted that the number of motor vehicles operating in Jakarta will reach a new record of 12 million by 2011. Currently Jakarta has 11.3 million vehicles, of which 8.2 million (or 73%) are motorcycles. 

No License Required for Real Estate Agents in Indonesia

Realtors in America are held to a very high fiduciary standard when it comes to agency law and client representation.  We are among a profession, trade or occupation for which a LICENSE is required.  Passing a comprehensive exam (similar to an attorney or lawyer having to pass a bar exam, or an accountant's CPA) is required for initial licensure to demonstrate sufficient knowledge and competence.  There is also a requirement to take continuing education as part of the bi-annual license renewal process so that knowledge and skills in core areas such as legal or legislative updates, ethics, contracts, and agency representation do not remain dormant or stagnant.

Code of Ethics

Pledge of Performance

Law of Agency - Commonwealth of Virginia (USA)

Real estate agents, brokers or practitioners in other countries; e.g. Mexico and Indonesia, are not required to be licensed and all too often a buyer/seller or lessor/lessee in a sales or lease property transaction are assisted by sub-standard, sub-par and amateur individuals who quite frankly have no business engaging in such activities. 

While there does exist an association of brokers or agents in both Mexico and Indonesia, participation in such a trade organization is merely voluntary.  There are no sanctions or punishment for compliance with any ethics or standards of practice (which are non-existent) and there is no governmental licensing board or agency to oversee the trade or profession to protect the public. Such is the goal of regulatory law.

Hopefully Indonesia will move towards a requirement for licensure of real estate property agents, brokers, and property managers in both the residential and commercial sectors....

Vacation Spots in Indonesia - Bangka Belitung

I have never been there before but from the pictures, videos and other media I have seen about Bali; I quite frankly do not see what the big fuss or attraction with Bali is all about.  Here's another alternative that I think would be my first choice before going to Bali.  It's called Bangka Belitung and it's a short flight (or ferry) from Jakarta.

Links:

http://www.visitbangkabelitung.com/

http://belitungisland.com/index.php?bahasa=en&id_dest=5

Kayaking at Belitung

Tourism Video (Part 1)

Tourism Video (Part 2)

Tourism Video (Part 3)

Tourism Video (Part 4)

Tourism Video (Part 5)

Tourism Video (Part 6)

Tourism Video (Part 7 - Ending)

KITAS & Work Permit for Foreign Expat - 101 Basics

Here is some information that I garnered from the Internet which provides a basic understanding of the requirements and procedure for an expat to work or be employed in Indonesia.

Some additional information may be also found here:

http://livinginindonesia.info/item/immigration-visas-work-permits 

http://www.expat.or.id/business/employingexpatriates.html



Limited Stay Permit Card (KITAS) and Blue Book/POA or Foreigner Registration

When all the paperwork on your visa is done, you will be issued a Limited Stay Permit - Kartu Izin Tinggal Terbatas, better known as a KITAS card. The predecessor to the KITAS was the KIM/S. People still erroneously refer to the limited stay permit as a KIM/S. With your KITAS you will also receive a Blue Book, Buku Mutasi. The blue book tracks changes in your immigration status. They are valuable documents and should be kept safely. The KITAS card & blue book allow you to live in Indonesia for one year and may be renewed annually, up to two extensions without having to leave the country.

The Indonesian foreign and domestic investment laws allow the employment of expatriate personnel in positions that cannot be filled by Indonesian Nationals. A company wishing to employ an expatriate must, after having obtained the approval of the government (in the form of SPT or SPPP), do the following :

Prepare a "Manpower Utilization Plan" (RPTK) for submission to BKPM for validation.

Based on validated RPTK, submit of application for a permit to utilize foreign personnel. Work permits for foreign personnel (IKTA) are issued by the Regional Investment Coordinating Board (BKPMD), based on the RPTKA (for foreign personnel) and letter of recommendation (TA-01) issued by Investment coordinating Board (BKPM). BKPMD issued the work permit for the Chairman of BKPM and on behalf of the Minister of Manpower. The permit may be for a year or for a shorter term to allow for irregular visits by an expatriate working in Indonesia (e.g. for a week, a month or two months). It is possible to extend the work permit as long as all the requirements are fulfilled. The expatriate should have KIM (Entrance Permission) and STMD (letter for reporting himself to the police). The expatriate can be live and work in Indonesia as long as stated in the Manpower Utilization Plan (RPTK). If more time is needed than originally stated in the RPTK, the person should follow the EPO (Exit Permit Only) procedure if they want to work again.

Request for Foreign Worker's Permit: Procedure

A)  New Foreign Worker's Permit

      1. Application Letter Request for Approval from the company.
      2. Form ppt2.
      3. Copy of Foreign Worker Employment Plan.
      4. Copy of KIM's.
      5. Copy of Recommendation TA-01.
      6. Copy of complete Passport.
      7. Copy of Curriculum Vitae.
      8. Copy of work Experiences.
      9. Copy of Educational Diploma/Certificate.
      10. Copy of Work Contract.
      11. Copy of Valid Report Obligation of Worker.
      12. Photographs size 4 X 6 Cms 4 sheets (black and white)

B)  Requirements for Extension

      1. Application Letter Request for Approval from the company.
      2. Extension Form of Work Permit for Foreigners.
      3. Copy of Worker Employment Plan.
      4. Copy of KIM's.
      5. Recommendation from Manpower Department.
      6. Book of Legitimization of Prior Permit.
      7. Book of Tax Payment for Foreigners.
      8. Book of Report on Foreign Worker's Arrival at Manpower Dept.
      9. Copy of Employment Contract.
      10. Report of Realization of Education and Training Implementation.
      11. Copy of IWPL Payment for Position that is obliged to pay IWPI.
      12. Photographs (2) size 4 X 6 cm (black and white).

C)  Requirements for Transfer/Re-Assignment Within Company
      

      1. Application Letter Request for Approval from the company.
      2. Letter of Approval of Position Transfer/Re-Assignment from BKPM
      3. Book of Legitimization of prior Permit.
      4. Copy of Work Experience.
      5. Photograph size 4 X 6 cm (black and white)

Kill Feral Cats

Here is a great article from the Washington Times authored by rocker Ted Nugent, "the Nuge", on the subject of feral (wild or untamed) cats.  Ted is an American rock-n-roll, sporting and conservation, and political activist.  He has authored books entitled, "Ted, White & Blue" and "God, Guns & Rock "N' Roll."  Amen to that brother !! 

Where I live in Sentul City (and in the city of Jakarta) there are way too may feral cats in the neighborhood and on the streets causing a nuisance and often keeping me up at night with all their noise and activity.  I couldn't agree more with what Ted has to say below.  He is absolutely 100% correct on his advice on how this situation should be handled.  

I love wildlife and do not advocate going around blasting or eliminating creatures for mere gratuitous purposes by the way.  I support SPCA and other wildlife organizations.  I hunt, fish, and am a staunch conservationist and steward of the land.  There are times, however, when a species get's out of control, and lacking natural predation, man needs to step in and intervene on behalf of another species.  Feral cats are not only a nuisance, affect the balance of other wildlife, but also pose health risks to man by their spread of disease and contagion and should therefore be eradicated and controlled.  

Ted Nugent's article now follows:


New research from the University of Nebraska in Lincoln has arrived at the exact same conclusion that conservationists have known for decades: The way to control the feral cat population is to kill the cats.
Not surprisingly, the American Bird Conservancy and the Audubon Society agree with the university's research.

Let us hope the University of Nebraska didn't spend more than 10 bucks on this research. All its researchers would have had to do would have been to call any true conservation organization or me, and we could have choked the research department with all the data, facts and supporting information it would have needed to arrive at the inescapable, pragmatic, common-sense, scientifically based conclusion to kill feral cats.

There are no true conservationists who do not agree with whacking or blasting destructive, dangerous feral felines. There are fuzzy-headed fantasizers who claim to be conservationists but in reality are nothing more than denial-ridden cat lovers. They live comfortably in denial, where fantasy supplants common sense and facts.

The reality of the situation is that the feral cat population has exploded across the United States (except on my property) and in other countries as well, in large part because of irresponsible cat owners who dump their unwanted pets out in the country when Precious wears out his welcome in short order by killing every songbird and assorted wildlife by the millions. Estimates of the number of feral cats in the United States are well over 100 million. Strange, but not one of these destructive fur balls lives on my ranch.

The destruction feral cats have wrought on songbirds, other mammals and critters is catastrophic, no pun intended. Feral cats prey not only on songbirds but also on game birds, rabbits, squirrels, gophers, mice, shrews, voles and other critters that are food sources for wild predators such as foxes, birds of prey, coyotes and bobcats.

And what is the response from denial-land denizens? Trap, spay and neuter the feral cats (at who knows what expense) and then release them into the wild, where they can continue to wreak havoc on wildlife. These people truly must be suffering from a terminal case of cat-scratch fever.

America should adopt the approach of the people of Ascension Island. For six years, they battled the feral cat population, which, along with rats, had caused two species of birds to become extinct and another to be listed as globally threatened. Their battle paid off. On Nov. 26, 2006, they declared their island free of feral cats. Amazingly, they did this without my direct support and superior stealth.

What we have here is some empty-headed people who don't want to do what is necessary, but rather turn a blind eye to the problem or reach for the wrong solution because it makes them "feel good." Doing good makes me feel good, which is why I and hundreds of thousands of conservationists kill feral cats on sight or advocate killing them.

The answer is so simple it is stupid: Kill the feral cats on sight. Because of their breeding, we need to wipe out as many of these vermin as possible. No closed season on feral cats is the solution. Always has been, always will be on the Nugent farm, where I have instructed my family, friends, hunting buddies and casual passers-by to blast every feral cat they see.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

UPDATE: January 2014

Knowing what I know now (which I will share with you in a moment) I am surprised that I have not been "called [or hauled] out on the carpet" over this article !

I was discussing the issue of feral cats with my Indonesian wife last night here in Indonesia (we are both Christians by the way), and my wife informs me of the association or connection with cats and the Muslim or Islamic Prophet Mohammed (Indonesia being a Muslim majority country).  NOW I FINALLY GET IT !  Here is an excerpt from an article on the subject which better explains:

In the Islamic world, the cat was respected and protected because cats were loved by the Prophet Mohammed. From a very simple piece of advice to his actions, there are numerous reports concerning the Prophet Mohammed and cats, resulting in their subsequent acceptance among Muslims.

Prophet Mohammed advised the people to treat their cats (pets) as a member of their family, and by this he meant to take a good care of them. Not only by words, but also with his actions he was a very good role model. These exemplary behaviors became so popular that they turned to stories in time. One of the most famous story about them is Muezza, the Prophet Muhammad's favorite cat, recounts the call to prayer was given, and as the story goes Prophet Mohammed went to put on one of his robes, he found his cat sleeping on one of the sleeves. Rather than disturbing the cat, he cut off the sleeve and let him sleep. When he returned, Muezza awoke and bowed down to Prophet Muhammad and in return he stroked him three times.^[11] It is also believed that when Prophet Muhammad gave sermons within his household he would often hold Muezza in his lap.

Both his followers and the "Prophet enjoyed the presence of cats"^[12]. For example in the early 7th century lived Abu Hurayrah, famous as a companion of the Prophet and a major narrator of his sayings. He was given his nickname Abu Hruyrah (literally father of cats) by the Prophet because he used to care for a small male cat. ("Cat" word comes from the Arabic word qit but a tiny male cat is called hurayrah). There is also a legend about this in which a cat saved the Prophet's life from a deadly snake. The story is narrated by Annemarie Schimmel as follows:

 "There are variants of the story of how Abu Huraryra's cat, which he always carried in his bag, saved the Prophet from an obnoxious snake, whereupon the Prophet petted her so that the mark of his fingers is still visible in the four dark lines on most cats' foreheads, and, because the Prophet's hand had stroked her back, cats never fall on their backs" (A. Schimmel, Deciphering the Signs of God, Albany, NY, 1994).

"The cat is such a clean animal that according to authentic narrations one may make ablution for Prayer with the same water that a cat drank from. Yet, it is known that some people nowadays have opposed the traditions of the Prophet by taking up the evil practices of torturing and poisoning cats. In Islam, the punishment for such actions is severe. Islam holds a special place for cats as lovable and cherished creatures, and mistreating a cat is seen as a serious sin. Al-Bukhari reported a hadith regarding a woman who locked up a cat, refusing to feed it and not releasing it so that it could feed itself. The Prophet Muhammad said that her punishment on the Day of Judgment will be torture and Hell^[13]."

There are many records of the Prophet's love for cats and his relationship with them. "The prophet's fondness for cats is often referred to, and whether or not the hadith that ‘Love of cats is part of the faith' is genuine, it reflects the general feeling for the little feline ^[4]." There are also many testimonials regarding many other animals in Islam such as horses, camels, bees, ants and even flies.

 

You Know You're An Expat, When .... ?

You look at our touch your own nationality's money or currency and think...

    

Foreign Spouses Married to an Indonesian to be Granted Permanent Resident Status ?

As reported in What's New Jakarta:

Changes to mixed-marriage law?: The draft amendment which proposes that foreigners married to Indonesians will be able to be granted permanent resident status, has been sitting with the House of Representatives since July 2009. It has however been brought back into public attention recently with the support of house members. This will allow foreigners who are married to Indonesians to stay in Indonesia without the need for a work permit. This will also apply to adult children from the marriage as well. Let's hope that the amendment get passed sometime soon and brings Indonesian immigration laws in line with the rest of Asia.


As I understand the proposed legislation, a foreigner who is married to an Indonesian and who obtains a Permanent Resident or "PR" immigration status is NOT concurrently granted a work permit, NOR will the foreign PR be allowed to purchase real property (a home) in absolute, freehold estate or fee simple form of property ownership (Hak Milik).  So, what is the point in having a "PR" then if I am not free to seek gainful employment and work here or buy and invest in a residential property?!

The "PR" would only allow me to travel back and forth to Indonesia more freely, without having to obtain a multiple or single entry Limited Stay (Social Visit or Family Unification) Visa and a KITAS (temporary stay permit) or without having to go out of the country (e.g. Singapore) then re-enter to renew the Limited Stay Social Visit Visa and reset the clock or start the process over again.  The "PR" does not allow me to work in Indonesia.  So what's the point in even having one?!

Additionally, the "PR" would make me subject to income taxes here in Indonesia, and by U.S. State Department personnel classification and definitions would make me an "OR" (Ordinarily Resident) and I would be paid (assuming I could get a work permit) under the Local Compensation Plan or "LCP" rather than earning an "expat" type of salary.  So, it would actually be STUPID to get a "PR" from Indonesia if I intended somehow to work here because then I am no longer an "expat" and would be paid the local wage (assuming I could get a work permit).

Here is an excerpt from the U.S. Department of State Foreign Affairs Manual Volume 3 - Personnel Definitions, which illustrates my point:

Locally Employed Staff (LE staff):

The general term used for Foreign Service nationals, as well as some U.S. citizens who ordinarily reside (see definition for ordinarily resident in this section) in the host country and are thus subject to its labor law. LE staff are employed at a U.S. mission, or at an office of the American Institute in Taiwan by the U.S. Government under the authority of the COM and are paid under the LCP. For USAID, LE staff are paid either under the LCP or under the General Schedule scale in accordance with AIDAR Appendices D and J.

Not Ordinarily Resident (NOR):

An individual who:

(1) Is not a citizen of the host country; and
(2) Does not ordinarily reside (see definition of ordinarily resident in
this section) in the host country; and
(3) Is not subject to host-country employment and tax laws; and
(4) Has a U.S. Social Security Number (SSN).

NOR employees are compensated under a General Schedule or Foreign
Service salary schedule, not under the local compensation plan. For USAID,
such individuals are personal services contractors referred to as “offshore
USPSCs” or “internationally recruited USPSCs,” and subject to U.S. Federal
taxes: Federal income tax, FICA, and Medicare. An individual’s contract
includes a position description which is classified using the General Schedule
scale for direct hires, and compensation is paid within the salary range for
that classified position. USAID does not compensate its personal services
contractors under the Foreign Service salary schedule.

Ordinarily Resident (OR):

A foreign national or U.S. citizen who:

(1) Is locally resident; and
(2) Has legal, permanent resident status within the host country; and
(3) Is subject to host-country employment and tax laws.

All OR employees, including U.S. citizens, are compensated in accordance
with the LCP. USAID distinguishes between U.S. citizens living within the
host country and citizens of the host country (FSNs). (See USAID’s
Acquisition Regulation (AIDAR Appendices D and J). U.S. citizens living in
the host country are referred to as “local hires” or “resident hires” and
compensation is based upon the job classification and advertisement: if the
position is classified using the General Schedule scale (the same as used for
direct hires) and advertised as such, compensation is paid in dollars within
the salary range of the position; if the position is classified and advertised
using the local compensation plan, compensation is paid in accordance with
the LCP. Regardless of the compensation method, U.S. citizens are required
to pay U.S. taxes, FICA, and Medicare. FSNs are compensated under the
LCP, unless a deviation is approved by the USAID mission director in
accordance with AIDAR Appendix J. 

Anthony Bourdain - No Reservations (Indonesia)

Here's a great program from the Travel Channel called "Anthony Bourdain - No Reservations"   See the sights, sounds and epicurean delights that are.... Indonesia.

(Part 1)

(Part 2)

(Part 3)

Indonesia's Judicial (Legal) System

(Source: Wikipedia)

Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat. Foreign influences from India, China and Arab have not only affected the culture, but also weighed in the customary adat laws. Aceh in Sumatra, for instances, observes their own sharia law, while Toraja ethnic group in Sulawesi are still following their animistic customary law.

Dutch presence and subsequent occupation of Indonesia for 350 years has left a legacy of Dutch colonial law, largely in the Indonesia civil code. Following the independence in 1945, Indonesia began to form its own modern Indonesia law, not developing from scratch but with some modifications of the precepts of existing laws. As a result, these three components (adat, Dutch-Roman law and modern Indonesia law) still co-exist in the current Indonesia laws.

Indonesia legislation come in different forms. The following official hierarchy of Indonesia legislation (from top to bottom) is enumerated under Law No. 10 Year 2004 on the Formulation of Laws and Regulations:^[1]

1. 1945 Constitution (Undang-Undang Dasar 1945 or UUD'45)
2. Law (Undang-Undang or UU) and Government Regulation in Lieu of Law (Peraturan Pemerintah Pengganti Undang-Undang or Perpu)
3. Government Regulation (Peraturan Pemerintah or PP)
4. Presidential Regulation (Peraturan Presiden or Perpres)
5. Regional Regulation (Peraturan Daerah or Perda)

In practice, there are also Presidential Instruction (Instruksi Presiden or Inpres), Ministerial Decree (Keputusan Menteri or Kepmen) and Circulation Letters (Surat Edaran), which sometimes conflicts with each other.^[1]

Once legislative products are promulgated, the State Gazette of the Republic of Indonesia (Lembaran Negara Republik Indonesia) is issued from the State Secretariat. Sometimes Elucidation (Penjelasan) accompanied some legislations in a Supplement of the State Gazette. The Government of Indonesia also produces State Reports (Berita Negara) to publish government and public notices.

1945 Constitution

For more details on this topic, see Constitution of Indonesia.

The 1945 Constitution is the highest legal authority in Indonesia, of which executive, legislative and judicial branches of government must defer to it. The constitution was written in July and August 1945, when Indonesia was emerging from Japanese control at the end of World War II. It was abrogated by the Federal Constitution of 1949 and the Provisional Constitution of 1950, but restored after the President Sukarno's decree on July 5, 1959. During the 32 years of Suharto's administration, the constitution had never been amended. Suharto refused to countenance any changes to the constitution and the People's Consultative Assembly passed a law in 1985 requiring national referendum for the constitution amendments.

After the Suharto's fall in 1998, the People Consultative Assembly amended the constitution four times in 1999, 2000, 2001 and 2002. Important amendments include the direct presidential election by the people (third amendment) and the presidential office term from unlimited to only two (first amendment), the regulation of which had made the possibility for Suharto's administration held in office for more than five terms. After the last amendment, the People's Representative Council gained more power to control the executive branch, the Regional Representatives Council was established, regional government was recognized in a section and an expanded section about civil rights among other changes. Currently, the constitution consists of 16 sections and 36 articles.

Undang-Undang

Undang-Undang or simply meaning that Laws can only be established by the People's Representative Council or DPR.^[2] The executive branch (the President) can propose a bill (Indonesian: Rancangan Undang-Undang or RUU) to DPR.^[3] During the process of establishing a bill into a law, DPR will create a small task group to discuss the bill with the corresponding ministries.^[4] When a joined agreement has been reached, then the President shall endorse a bill into law.^[5] However, even if the President refuses to endorse a bill that has reached joined agreement, the bill is automatically in thirty days enacted as law and be promulgated as such.^[6] When an agreement cannot be reached to enact a bill into law, the bill cannot be proposed again during the current term of the legislative members.^[7]

---------------------------------------------------------------------------------------------------------

See also the following Indonesia Law related links:

ASEAN (Association of South East Asian Nations) Law Association

Indonesian Legal Information

Indonesian Laws Tourists Should Know



 

Megacities - Jakarta (What's in the Future for Jakarta?)

Here is an excellent program that aired on the National Geographic (NatGeo) television channel which covers some history, but more importantly, the future development of Jakarta including infrastructure, energy and transportation issues.  The program has Indonesian Bahasa language subtitles.

(PART 1)

(PART 2)

(PART 3)

(PART 4)

(PART 5)

(PART 6)