JUSTICE SYSTEM INDONESIA
A. Supreme Court
Constitutional Court
The Constitutional Court is one of the judicial authority in Indonesia.
In accordance with the 1945 Constitution (Third Amendment), judicial power in Indonesia is carried out
by the Supreme Court and the Constitutional Court.
According to the Constitution of 1945, the obligations and powers of the Constitutional Court are:
Obligations and authority
According to the Constitution of 1945, the obligations and powers of the Constitutional Court are:
1) Authorized hear at the first and last decision is final in the Act against the Constitution, rule on the dispute the authority of state institutions granted by the 1945 Constitution, dissolution of political parties, and to decide disputes concerning the results of the General Election
2. Obligation to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President in 1945.
Chairman of the Constitutional Court elected from and by the Constitutional Court for a term of three years. The Constitutional Court has nine Constitutional Court established by the President. Constitutional Court filed each three persons by the Supreme Court, three by the House of Representatives, and three by the President. The term of office is five years Constitutional Justice, and may be reelected for a subsequent term of office.
General Court
High 1.Pengadilan
The High Court is a judicial institution in the General Courts are located in the capital city of the Province as a Court of Appeal to judge actions decided by the District Court. High Court as one of the judicial power in the general court has the authority as mentioned in Act No. 8 of 2004 on the Amendment of Act No. 2 of 1986 concerning General Peradilam, in Article 51 states:
a. High Court the duty and authority to hear criminal cases and civil cases in the Appellate.
b. The High Court also on duty and authority to adjudicate on the First Level and final authority to adjudicate disputes between the District Court in the jurisdiction.
Besides the duties and authority of the court, as mentioned above can also provide information, consideration, and advice about the law to government agencies in the region if requested (Article 52 paragraph 1 of Law No. 8 of 2004). And in addition to the duties and authority of the court can be entrusted with the task above and other authority by or under any law (Article 52 paragraph 2 of Law No. 8 of 2004). The composition of the High Court was established under the Act with area law covering the province. The High Court consists of the Governing (a Chairman and a Vice Chairman of PT PT), Judge, Registrar and Secretary.
District Court
District Court (commonly abbreviated: PN) is a judicial institution in the General Court which is located in the capital of the district or city. As the Court of First Instance, the District Court serves to examine, decide, and resolve criminal and civil cases seeking justice for the people in general.
Court of law area covers an area of town or district.
The composition of the District Court consists of a Chairman (Chairman and Vice Chairman of the PN PN), Judge, Registrar, Secretary, and the bailiff.
Special Court
Special courts in general courts are:
1.Pengadilan children (Act No. 3 of 1997)
2.Pengadilan commercial (Act no. 37 of 2004)
3.Pengadilan Human Rights (Act no. 26 of 2000)
4.Pengadilan corruption (Act no. 30 of 2002)
5.Pengadilan industrial relations (Law no. 2 2004)
6.Pengadilan tax (Act no.14 of 2002)
Religious Courts
1. High Religious Court
High Religious Court is a judicial institution in the Religious Courts are located in the capital city of the Province. As the Court of Appeal, the High Court has the duty and authority Religion to hear the case under the authority of the Religious Court in appeal.
In addition, the High Court also served Religion and authority to hear at the first and final authority to adjudicate disputes between religious court in the jurisdiction. High Religious Court established by law with legal areas covering the province. Composition of High Religious Court consists of a Chairman (Chairman and Vice-Chairman), Judge, Registrar and Secretary
So duties and authority of the High Court of religion is:
a. Hear the case under the authority of the Religious Court in appeal.
b. Judging in the first and final authority to adjudicate disputes between religious court in the jurisdiction.
2. Religious Court
Religious Court is a judicial institution in the Religious Courts are located in the capital city of the district or city. As the Court of First Instance, the Religious Courts have a duty and authority to examine, decide, and resolve those cases among people who are Muslims in the field:
a. marriage
b. inheritance, wills, and grants, based on Islamic law
c. endowments and Sadaqah
d. economic Shari'ah
Religious Courts established by law with legal area covers an area of town or district. The composition consists of Leaders of Religious Court (PA Chairman and Vice Chairman of the PA), Judge, Registrar, Secretary, and Bailiffs.
E. Military Justice
High Military Court
High Military Court is the implementing agency under the judicial power of the Supreme Court in charge of the military environment to examine and decide in the first instance criminal cases that the defendant is a soldier who held the rank of Major to the top. In addition, the High Military Court also examine and decide on appeal criminal cases that have been decided by the Military Court in a jurisdiction that is appealed. High Military Court may also decide on the first and final authority to adjudicate disputes between the Military Court in the jurisdiction.
Military Courts
Military Court is the implementing agency under the judicial power of the Supreme Court in charge of the military environment to examine and decide in the first instance criminal cases that the defendant is a soldier who held the rank of captain down.
Name, domicile, and local laws Military Tribunal established by Decree Commander. If necessary, the Military Court may sit out a position even outside the jurisdiction permission of the Head of the Main Military Courts
State Administrative Court
1. State Administrative High Court
State Administrative High Court is a judicial institution in the State Administrative Court based in the capital city of the Province. As the Court of Appeal, High Administrative Court has the duty and authority to examine and decide upon the State Administration dispute on appeal.
In addition, the State Administrative High Court also assigned and authorized to examine and decide on the first and final authority to adjudicate disputes between the State Administrative Court in the jurisdiction. State Administrative High Court was established by Act of the region covers an area of provincial law. Composition of State Administrative High Court consists of a Chairman (Chairman and Vice-Chairman PTTUN PTTUN), Judge, Registrar and Secretary
2. The State Administrative Court
State Administrative Court (commonly abbreviated: Administrative Court) is a judicial institution in the State Administrative Court, located in the capital of the district or city. As the Court of First Instance, the Court of the State Administrative functions to examine, decide, and resolve disputes State Administration.
State Administrative Court was established by Presidential Decree with legal area covers an area of town or district. Composition of State Administrative Court consists of a Chairman (Chairman and Vice Chairman of the Administrative Court Administrative Court), Judge, Registrar and Secretary
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A. Supreme Court
The Supreme Court (MA) is higher institutions that hold judicial power in the Republic of Indonesia. In the triad politics, MA represents the judicial power. In accordance with the 1945 Constitution (Third Amendment), judicial power in Indonesia is carried out by the Supreme Court and the Constitutional Court. The Supreme Court oversees the courts in general courts, religious courts, military courts, administrative courts.
Duties and Powers
According to the Constitution of 1945, the obligations and powers MA are:
a. Authority to hear the appeal, the test regulations under the Act, and has other powers granted by the Act
b. Propose three members of the Constitutional Court
c. Giving consideration in the case of the President of the member clemency and rehabilitation
Function
a. Judicial Function
1) As the Supreme Court of the State, the Supreme Court is the court of cassation in charge of fostering uniformity in the application of the law through the appeal and reconsideration decision to keep all the laws and regulations throughout the territory of the Republic of Indonesia is applied in a fair, accurate and true.
2) In addition to his duties as the Court of Cassation, the Supreme Court has the authority to examine and decide on the first and last - application for review by a court decision that has obtained permanent legal force (Article 28, 29,30,33 and 34 of Law No. 14 of the Supreme Court 1985) - all disputes about authority mengadili.semua disputes arising due to the deprivation of a foreign vessel and its cargo by warships of the Republic of Indonesia based on the applicable regulations (Article 33 and Article 78 of the Supreme Court Act No. 14 of 1985).
3) Closely related to the judicial function is the right of judicial review, which is authorized to test / assess the substantive laws and regulations under the Act about whether a rule in terms of its content (material) against the rules of the higher level (Article 31 of Law Supreme Court No. 14 of 1985).
b. Monitoring Functions
1) The Supreme Court supreme supervision of the course of justice in all jurisdictions in order that justice is done courts carefully organized and reasonable based on the principle of justice that is simple, fast and low cost, without prejudice to the freedom of Justice in check and decide the case (Article 4 and Article 10 of the Basic Law provisions Power No. 14 of 1970).
2) The Supreme Court also monitors: to work and behavior Court Judges and court officials act in carrying out tasks related to the implementation of the main tasks of the Judiciary, which in the case of receive, examine, and resolve any matter submitted to it, and inquire about matters concerned with judicial technical and warning, warning and instructions necessary without reducing the freedom of Justice (Article 32 of the Supreme Court Act No. 14 of 1985).
Against Legal Counsel and Notary as long as the judiciary (Article 36 of the Supreme Court Act No. 14 of 1985).
Function set
1) The Supreme Court may further regulate the things that are necessary for the smooth administration of justice if there are things that are not dealt with in the Law on the Supreme Court as a complement to fill the gap or void laws that are necessary for the smooth administration of justice (Article 27 Act 14 of 1970, Section 79 of Act 14 of 1985).
2) The Supreme Court may make regulations event itself when necessary
to meet the procedural law is set up Act.
Advisory function
1) The Supreme Court gives advice or considerations in the legal field to another State Agency (Article 37 of the Supreme Court Act 14 of 1985).
Supreme Court to give advice to the President as Head of State in order granting or denial of clemency (Article 35 of the Supreme Court Act 14 of 1985).
Furthermore, the First Amendment to the Constitution of the Republic of Indonesia Year 1945 Article 14 Paragraph (1), the Supreme Court granted the authority to give consideration to the President as the Head of State in addition to pardon also rehabilitation.
However, in providing legal considerations regarding rehabilitation until now there is no legislation governing the implementation
2) The Supreme Court has the authority to request information from and provide guidance to an environmental justice in all courts in the implementation of the provisions of Article 25 of Law No.14 of 1970 on Basic Provisions on Judicial Authority. (Article 38 of Act 14 of 1985 on the Supreme Court.
Administrative Functions
1) Agencies Justice (Public Justice, the Religious Courts, Military Justice and State Administrative Court) referred to Article 10 Paragraph (1) of Act 14 of 1970 the organizational, administrative and financial account is still under the Ministry of is concerned, although according to Article 11 (1) of Act No. 35 of 1999 has been transferred under the authority of the Supreme Court.
2) The Supreme Court is authorized to regulate the duties and responsibilities, organizational structure and working procedures of the Registrar of the Court (Act No. 35 of 1999 on the Amendment of the Law No.14 of 1970 on Basic Provisions on the Judiciary).
Other functions
1) In addition to the basic tasks to receive, investigate and adjudicate and resolve any matter referred to it, pursuant to Article 2 paragraph (2) of Law No. 14 of 1970 and Section 38 of Act No. 14 of 1985, the Supreme Court can be entrusted with the task and other authority under Law.
Constitutional Court
The Constitutional Court is one of the judicial authority in Indonesia.
In accordance with the 1945 Constitution (Third Amendment), judicial power in Indonesia is carried out
by the Supreme Court and the Constitutional Court.
According to the Constitution of 1945, the obligations and powers of the Constitutional Court are:
Obligations and authority
According to the Constitution of 1945, the obligations and powers of the Constitutional Court are:
1) Authorized hear at the first and last decision is final in the Act against the Constitution, rule on the dispute the authority of state institutions granted by the 1945 Constitution, dissolution of political parties, and to decide disputes concerning the results of the General Election
2. Obligation to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President in 1945.
Chairman of the Constitutional Court elected from and by the Constitutional Court for a term of three years. The Constitutional Court has nine Constitutional Court established by the President. Constitutional Court filed each three persons by the Supreme Court, three by the House of Representatives, and three by the President. The term of office is five years Constitutional Justice, and may be reelected for a subsequent term of office.
General Court
High 1.Pengadilan
The High Court is a judicial institution in the General Courts are located in the capital city of the Province as a Court of Appeal to judge actions decided by the District Court. High Court as one of the judicial power in the general court has the authority as mentioned in Act No. 8 of 2004 on the Amendment of Act No. 2 of 1986 concerning General Peradilam, in Article 51 states:
a. High Court the duty and authority to hear criminal cases and civil cases in the Appellate.
b. The High Court also on duty and authority to adjudicate on the First Level and final authority to adjudicate disputes between the District Court in the jurisdiction.
Besides the duties and authority of the court, as mentioned above can also provide information, consideration, and advice about the law to government agencies in the region if requested (Article 52 paragraph 1 of Law No. 8 of 2004). And in addition to the duties and authority of the court can be entrusted with the task above and other authority by or under any law (Article 52 paragraph 2 of Law No. 8 of 2004). The composition of the High Court was established under the Act with area law covering the province. The High Court consists of the Governing (a Chairman and a Vice Chairman of PT PT), Judge, Registrar and Secretary.
District Court
District Court (commonly abbreviated: PN) is a judicial institution in the General Court which is located in the capital of the district or city. As the Court of First Instance, the District Court serves to examine, decide, and resolve criminal and civil cases seeking justice for the people in general.
Court of law area covers an area of town or district.
The composition of the District Court consists of a Chairman (Chairman and Vice Chairman of the PN PN), Judge, Registrar, Secretary, and the bailiff.
Special Court
Special courts in general courts are:
1.Pengadilan children (Act No. 3 of 1997)
2.Pengadilan commercial (Act no. 37 of 2004)
3.Pengadilan Human Rights (Act no. 26 of 2000)
4.Pengadilan corruption (Act no. 30 of 2002)
5.Pengadilan industrial relations (Law no. 2 2004)
6.Pengadilan tax (Act no.14 of 2002)
Religious Courts
1. High Religious Court
High Religious Court is a judicial institution in the Religious Courts are located in the capital city of the Province. As the Court of Appeal, the High Court has the duty and authority Religion to hear the case under the authority of the Religious Court in appeal.
In addition, the High Court also served Religion and authority to hear at the first and final authority to adjudicate disputes between religious court in the jurisdiction. High Religious Court established by law with legal areas covering the province. Composition of High Religious Court consists of a Chairman (Chairman and Vice-Chairman), Judge, Registrar and Secretary
So duties and authority of the High Court of religion is:
a. Hear the case under the authority of the Religious Court in appeal.
b. Judging in the first and final authority to adjudicate disputes between religious court in the jurisdiction.
2. Religious Court
Religious Court is a judicial institution in the Religious Courts are located in the capital city of the district or city. As the Court of First Instance, the Religious Courts have a duty and authority to examine, decide, and resolve those cases among people who are Muslims in the field:
a. marriage
b. inheritance, wills, and grants, based on Islamic law
c. endowments and Sadaqah
d. economic Shari'ah
Religious Courts established by law with legal area covers an area of town or district. The composition consists of Leaders of Religious Court (PA Chairman and Vice Chairman of the PA), Judge, Registrar, Secretary, and Bailiffs.
E. Military Justice
High Military Court
High Military Court is the implementing agency under the judicial power of the Supreme Court in charge of the military environment to examine and decide in the first instance criminal cases that the defendant is a soldier who held the rank of Major to the top. In addition, the High Military Court also examine and decide on appeal criminal cases that have been decided by the Military Court in a jurisdiction that is appealed. High Military Court may also decide on the first and final authority to adjudicate disputes between the Military Court in the jurisdiction.
Military Courts
Military Court is the implementing agency under the judicial power of the Supreme Court in charge of the military environment to examine and decide in the first instance criminal cases that the defendant is a soldier who held the rank of captain down.
Name, domicile, and local laws Military Tribunal established by Decree Commander. If necessary, the Military Court may sit out a position even outside the jurisdiction permission of the Head of the Main Military Courts
State Administrative Court
1. State Administrative High Court
State Administrative High Court is a judicial institution in the State Administrative Court based in the capital city of the Province. As the Court of Appeal, High Administrative Court has the duty and authority to examine and decide upon the State Administration dispute on appeal.
In addition, the State Administrative High Court also assigned and authorized to examine and decide on the first and final authority to adjudicate disputes between the State Administrative Court in the jurisdiction. State Administrative High Court was established by Act of the region covers an area of provincial law. Composition of State Administrative High Court consists of a Chairman (Chairman and Vice-Chairman PTTUN PTTUN), Judge, Registrar and Secretary
2. The State Administrative Court
State Administrative Court (commonly abbreviated: Administrative Court) is a judicial institution in the State Administrative Court, located in the capital of the district or city. As the Court of First Instance, the Court of the State Administrative functions to examine, decide, and resolve disputes State Administration.
State Administrative Court was established by Presidential Decree with legal area covers an area of town or district. Composition of State Administrative Court consists of a Chairman (Chairman and Vice Chairman of the Administrative Court Administrative Court), Judge, Registrar and Secretary
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