Law as written we could call Formal Law. In the chapter titled Formal Law
we present several good discussions about the formal structure of the Indonesian
legal system.
Indonesian laws may be unclear...
Many laws in Indonesia are extraordinarily vague and poorly written. Language has
changed over the years and there is no centuries-long tradition of precise legal
definition of terms, so ferreting out the intended meanings from statutes can be
frustrating. Intended meanings may be irrelevant because many laws were written under
colonial rule or dictatorship and were intended to be oppresive or capricious.
The written laws may not be widely available or published throughout
Indonesia. Much underlying law is written in Dutch, and few Indonesians read Dutch.
Some laws are purposely written to be vague for social or religious reasons.
Professionals may claim certainty which they do not possess...
In Indonesia an over-reliance on formal law, as if understanding the law as written
will somehow indicate a solution, is probably unjustified, but lawyers are taught
to do it. It is undoubtedly frustrating to admit that there is no solution.
Professionals do try to pull intent out of laws as written however, and unfortunately, once
they have done so they sometimes relate them to clients or post conclusions on the
internet as if they are facts—reality is, their opinions are often only
untested theories.
But what is worse, they can’t admit as much to their clients, because potential
clients will likely shop until they find a lawyer who says he has a solution. Their
business depends on reassuring clients of their expertise.
The following discussions in Formal Law may be of interest, but if you only need
a summary you can skip to the Formal Law Conclusion page.