Judiciary of Indonesia
Judiciary of Indonesia
Main page
1212997

Judiciary of Indonesia

logo
Community Hub0 subscribers
What are your thoughts?
Be the first to start a discussion here.
Be the first to start a discussion here.
Judiciary of Indonesia

The Judiciary of Indonesia, according to Chapter IX of the 1945 State Constitution of the Republic of Indonesia, consists of the Supreme Court of Indonesia (Mahkamah Agung Republik Indonesia, abbreviated MA), the Constitutional Court of Indonesia (Mahkamah Konstitusi Republik Indonesia, abbreviated MK), and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the Public Courts (Peradilan Umum), the Religious Courts (Peradilan Agama), the State Administrative Courts (Peradilan Tata Usaha Negara), and the Military Courts (Peradilan Militer).

There's also the Judicial Commission of Indonesia (Komisi Yudisial Republik Indonesia) that monitor the performance of judges, advise the House of Representatives on judicial appointments and review community complaints about the behavior and fairness of presiding judges.

Indonesian law is based on Dutch colonial laws, Islamic family laws, and aspects of Adat laws (unwritten, traditional rules still observed in the Indonesian society). The highest law of the land is the 1945 Constitution, amended four times from 1999 to 2002 during the early Reformasi period. Under Article 7 of Law No. 12/2011, the type of laws enacted by the government are hierarchically structured as:

Indonesian law ascribed to civil law system, inherited from the Dutch implementation of the Roman legal system (Roman-Dutch law), as well as the Napoleonic Code. The judicial system is inquisitorial in nature, where the court of law actively pursue the facts of the case and dispute, working closely with other elements of the Indonesian law enforcement agencies. The judges reach a verdict after examining the evidences, and prefer applying statutory laws: Stare decisis is not widely used. Trials by jury system is not implemented.

Although Indonesia is a decentralized, unitary state, there is no separation between central and regional judiciary system; All judicial system is set on a hierarchical, but contiguous top-down chain of command.

The Indonesian court system is set on a three-level court hierarchy:

The Supreme Court of the Republic of Indonesia (Mahkamah Agung Republik Indonesia) is the highest court of law. It is the final court of appeal for criminal and civil verdicts made in the lesser courts, thus they are able to overrule lesser courts' verdicts. It resolves dispute on the matter of judicial jurisdiction, and hears request to review previous Supreme Court verdicts due to newly discovered evidence or due to judicial error. The latter legal action is known as "Review of court decision" (Peninjauan Kembali, abbreviated into PK).

Aside from administration of justice, the Supreme Court are tasked to nominate three people to fill the position for the justices of the Constitutional Court, reviews laws and regulations lower than Acts jointly enacted by the DPR and the President (Judicial Review), and provide opinions as a constitutional requirement for the President before granting executive pardon and legal rehabilitation of convicts.

See all
User Avatar
No comments yet.