![Gedung Mahkamah Agung RI](https://upload.wikimedia.org/wikipedia/commons/e/ee/Gedung_Mahkamah_Agung_RI.JPG)
The Judiciary of Indonesia constitutionally consists of the
Supreme Court of Indonesia (''Mahkamah Agung Republik Indonesia,'' abbreviated into MA), the
Constitutional Court of Indonesia
The Constitutional Court of the Republic of Indonesia ( id, Mahkamah Konstitusi Republik Indonesia) is one of the apex courts in Indonesia along with the Indonesian Supreme Court. Its primary role is reviewing the constitutionality of statutes ...
(''Mahkamah Konstitusi Republik Indonesia'', abbreviated into MK), and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the public courts (''Peradilan Umum''), religious courts (''Peradilan Agama''), state administrative courts (''Peradilan Tata Usaha Negara''), and military courts (''Peradilan Militer'').
The
Public Prosecution Service (''Kejaksaan Republik Indonesia''), headed by the
Attorney General, is not part of the judiciary; they are part of the executive branch of the government, with the state prosecutors themselves as civil servants, and the Attorney General themselves only answers to the
President of Indonesia
The President of the Republic of Indonesia ( id, Presiden Republik Indonesia) is both the head of state and the head of government of the Republic of Indonesia. The president leads the executive branch of the Indonesian government and i ...
.
Law
Indonesian law
Law of Indonesia is based on a civil law system, intermixed with local customary law and the Roman Dutch law. Before the Dutch presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently wit ...
is a continuation and improvement of the
Dutch
Dutch commonly refers to:
* Something of, from, or related to the Netherlands
* Dutch people ()
* Dutch language ()
Dutch may also refer to:
Places
* Dutch, West Virginia, a community in the United States
* Pennsylvania Dutch Country
People E ...
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 the current rules on Indonesian lawmaking, the type of laws enacted by the government are hierarchically structured as:
# The 1945 Constitution (''Undang-Undang Dasar Negara Republik Indonesia Tahun 1945'')
# Resolutions of the People's Consultative Assembly (''Ketetapan Majelis Permusyawaratan Rakyat'')
# Acts (''Undang-Undang'') and Government Regulations in-lieu-of Acts (''Peraturan Pemerintah Pengganti Undang-Undang'')
# Government Regulations (''Peraturan Pemerintah'')
# Presidential Regulations (''Peraturan Presiden'')
# Provincial Ordinances (''Peraturan Daerah Provinsi'')
# City Ordinances or Regency Ordinances (''Peraturan Daerah Kota'' or ''Peraturan Daerah Kabupaten'')
Indonesian law ascribed to
civil law system
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as t ...
, inherited from the Dutch implementation of the Roman legal system (
Roman-Dutch law), as well as the
Napoleonic Code. The judicial system is
inquisitorial
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an ...
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.
Indonesia is a decentralized, unitary state, and thus 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.
Courts System
Courts structure
Indonesian court system is set on basic three-level courts:
* first-level courts (''Peradilan tingkat pertama'') based in the municipalities (city or regency), where the courts in this level have original jurisdiction to hear cases, resolve disputes, and reach a verdict;
* second-level courts (''Peradilan tingkat banding'') based in the provincial capital, where the courts in this level have appellate jurisdiction to hear appeals from the first-level courts; and
* third-level courts (''Peradilan tingkat kasasi'') based in the national capital
Jakarta, where the main court in this level, the Supreme Court, serve as the final court of appeals, although they also have original jurisdiction over certain matters. Meanwhile the Constitutional Court also have original jurisdiction over certain matters separate from the Supreme Court, but have no appellate jurisdiction.
Supreme Court
''Mahkamah Agung Republik Indonesia'', or the Supreme Court of the Republic of 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 ''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
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
(
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
), and provide opinions as a constitutional requirement for the President before granting executive
pardon and legal rehabilitation of convicts.
The Supreme Court is headed by the
Chief Justice of the Supreme Court of Indonesia
The Chief Justice of the Supreme Court of Indonesia ( id, Ketua Mahkamah Agung) is the head of the Supreme Court of Indonesia.
Election process
The chief justice and his or her deputy is elected by the Supreme Court justices from among the member ...
, currently by
Muhammad Syarifuddin
Muhammad Syarifuddin (born 17 October 1954) is an Indonesian jurist who serves as the 14th and current Chief Justice of the Supreme Court of Indonesia since 30 April 2020. He also serves as the Deputy Chief Justice of the Supreme Court Indonesi ...
.
[Bambang Waluyo (1992) pp. 98, 112-113]
Constitutional Court
![IndonesianConstitutionalCourt](https://upload.wikimedia.org/wikipedia/commons/d/db/IndonesianConstitutionalCourt.jpg)
''Mahkamah Konstitusi Republik Indonesia'', or the Constitutional Court of the Republic of Indonesia rules over disputes specified in Article 24C of the
1945 Constitution, as well as other functions enshrined by Laws. It is formed in 2003 during the ''
Reformasi'' period, as the result of the Third Amendment of the Constitution. The Constitutional Court have jurisdiction over cases concerning:
*
Constitutional review of a Law;
* Disputes between state institutions regarding their constitutional competence and jurisdiction;
* Disputes arising from electoral results, both national, provincial, and municipal elections;
* Dissolution of political parties; and
*
Impeachment process of the President and/or the Vice President, in which the Constitutional Court must rules whether the articles of impeachment submitted by the DPR to remove from office the President and/or the Vice President is proven or not proven, in order to proceed or not to proceed to the removal process.
The current
Chief Justice of the Constitutional Court of Indonesia
The chief justice of the Constitutional Court of Indonesia ( id, Ketua Mahkamah Konstitusi) is the head of the Constitutional Court of Indonesia.
List of chief justices
First chief justice. The first chief justice was Jimly Asshiddiqie. He was ...
is
Anwar Usman
Anwar Usman (born 31 December 1956) is an Indonesian judge and jurist, who is currently serving as the sixth Chief Justice of the Constitutional Court of Indonesia. He was elected to the position on 2 April 2018, replacing Arief Hidayat. He previ ...
, who have headed the Constitutional Court since 2015.
Lesser Courts
The four subdivisions of the lesser courts hear its final appeal in the Supreme Court.
Public Courts
![Pengadilan Negeri Pangkalpinang](https://upload.wikimedia.org/wikipedia/commons/d/d8/Pengadilan_Negeri_Pangkalpinang.jpg)
''Peradilan Umum'' or the Public Courts consists of the first-level District Court (''Pengadilan Negeri'') and the second-level High Courts (''Pengadilan Tinggi''), after which further appeals go to the Supreme Court. They hear criminal and civil cases involving Indonesian citizens or foreign citizens in Indonesia, as well as Indonesian and foreign legal entities who are based in Indonesia or if they chose to have their case heard in Indonesian court.
District Courts have original jurisdiction to hear cases within the
city
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
and
regency
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
, while High Courts have appellate jurisdiction at the
provincial level, based in the provincial capital.
There are specialized courts formed within the system of first-level public courts, such as:
* Juvenile courts (''Pengadilan Anak''), which function under special juvenile criminal procedural system;
* Human rights courts (''Pengadilan Hak Asasi Manusia'' or ''Pengadilan HAM''), which hear cases of human rights violation conducted by the government or government officials;
* Industrial relations courts (''Pengadilan Hubungan Industrial''), which hear cases of industrial relations dispute, industrial conflict of interests, prejudiced termination of employment, and resolving dispute between unions in the same workplace;
* Commercial courts (''Pengadilan Niaga'') which hear cases of corporate bankruptcy, debt suspension, intellectual property disputes, and bank liquidation;
* Fishery courts (''Pengadilan Perikanan'') which hear cases of fishery crime – that is, illegal, unregulated, and unreported fishing; and
* Anti-corruption courts (''Pengadilan Tindak Pidana Korupsi'' or ''Pengadilan Tipikor'') which hear cases of corruption, graft, bribery, money laundering, and other acts considered to be corruption crime.
Religious Courts
![Pengadilan Tinggi Agama Ambon](https://upload.wikimedia.org/wikipedia/commons/3/39/Pengadilan_Tinggi_Agama_Ambon.jpg)
''Peradilan Agama'' or the Religious Courts are for
Muslim citizens to resolve civil matters, such as marriage, inheritance, and property donated for religious purposes (''
waqf
A waqf ( ar, وَقْف; ), also known as hubous () or '' mortmain'' property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitab ...
'').
[Bambang Waluyo (1992) p42] They are the first-level Religious Court (''Pengadilan Agama'') and the second-level Religious High Court (''Pengadilan Tinggi Agama''). Despite the name, they do not hear cases concerning religions other that Islamic cases; Cases concerning civil cases of other religions are heard in the public courts.
In
Aceh, special first-level Sharia Court (''Mahkamah Syar'iyah'') and second-level Provincial Sharia Court of Aceh (''Mahkamah Syar'iyah Provinsi Aceh'') are vested with special authority, owing to Aceh's special status within Indonesia. These special courts, in addition to basic religious courts' authority, have jurisdiction over Islamic morality criminal cases (''
Jinayat'') regulated by local ordinances (''
Qanun''), such as public drunkenness, sales of alcoholic beverages, gambling, and other moral crimes incompatible with Islamic values. Under this system, the courts are also empowered to deliver punishments not available under Indonesian laws, such as whipping.
State Administrative Courts
''Peradilan Tata Usaha Negara'' or the State Administrative Courts were established in 1986 as a result of a Law intended to ensure that people would not be treated arbitrarily by government officials or institutions. Initially formed in 1981 as a specialized court under the public courts system, the State Administrative Courts were formalized under Law No. 5/1986 ('State Administrative Courts Act'). They rule in disputes involving the state officials or bodies, both within central and regional officials or institutions.
[Bambang Waluyo (1992) pp. 65, 68] The object of all state administrative proceedings are actions – proven with the issuance of a decision (''Surat Keputusan'' or ''Beschikking'') – or lack of actions by the government, considered harmful against the interest of the citizens. The courts also hear cases which include civil servants against their superiors of the internal bureaucracy of the government itself.
The state administrative courts are the first-level State Administrative Court () with original jurisdiction to hear state administrative disputes, and the second-level State Administrative High Court () with appellate jurisdiction from cases heard in the first-level court. The Supreme Court serves as the final court of appeal.
There is one specialized court created within the system of the administrative courts – the Tax Court (''Pengadilan Pajak'').
Military Courts
''Peradilan Militer'', or the Military Courts deal with criminal and military administrative cases involving members of the
Indonesian National Armed Forces.
[Bambang Waluyo (1992) p88] They are the first-level Military Court (''Pengadilan Militer'', abbreviated into ''Dilmi'') with original jurisdiction over cases regarding military personnel whose ranks are no higher than a captain, and the second-level High Military Court (''Pengadilan Militer Tinggi'', abbreviated into ''Dilmilti'') hear appeals against decisions of the first-level courts, as well as having original jurisdiction over cases involving military personnel with ranks of a major and above.
Another second-level Primary Military Court (''Pengadilan Militer Utama'', abbreviated into ''Dilmiltama'') hears appeals against decisions of the High Military Courts and also decides upon issues of jurisdiction of the various military courts.
During armed conflict, Battlefield Military Court (''Pengadilan Militer Pertempuran'') with wartime jurisdiction can be mobilized to hear criminal cases of military personnel and reach a verdict against said military personnel on the battlefield.
Judicial Commission
Other than the Supreme Court and the Constitutional Court, ''Komisi Yudisial Republik Indonesia'' or the Judicial Commission exercise judicial authority under the Constitution. Specifically, they exist to ensure the independence of the judges and the judicial system from unnecessary intervention and involvement. The laws tasked the Judicial Commission to:
# Nominate candidates of judges (and ''ad hoc'' judges) of the Supreme Court to be approved by the DPR, by:
## receiving applications of the candidates;
## running an open selection process of the candidates;
## selecting qualified candidates to be nominated; and
## formally nominated the candidates to be approved by the DPR.
# Maintain and enforce judges' code of conducts and code of ethics, by:
## oversee and observe judges' professional conducts;
## receive public reports regarding allegations of judges' violation of code of conducts and code of ethics;
## verify, clarify, and investigate the public reports and allegations of judges' violation of code of conducts and code of ethics;
## protect and maintain the judges' professionalism from unfounded allegations; and
## promoting the judges' professional capacity and welfare.
Personnel
Judges
''Hakim'' or Judges are state officials vested with judicial authority to hear cases, resolve disputes, and reach a verdict in civil and criminal cases. Within the Indonesian criminal procedural system, they are one of the most important subjects, aside from the law enforcement (police force), the prosecutors, and the correctional facilities.
Aside from regular judges, there exist ''Hakim Ad hoc'' or Ad hoc Judges, retired judges who have the judicial experience and skill to be appointed and assigned to hear cases in chambers for a certain period of times. They are most prominently assigned to the human rights courts, due to the nature of the cases, which might involve active state and government officials, and the ad hoc judges' authority may eliminate any conflict of interests.
Judges decide cases based on statutory law. If there is no applicable statutes, judges must apply unwritten law and decide cases with wisdom and full responsibility to God.
[Bambang Waluyo (1992) p11]
Prosecutors
''Jaksa'' or Prosecutors are government officials of the Public Prosecution Service of Indonesia, headed by the
Attorney General, and vested with judicial authority to prosecute criminal cases and execute court orders and sentencings. They can also act as
solicitor general, in which they represent the state and the government in civil and state administration cases involving the state and the government. In criminal cases, they are known by the term ''Jaksa Penuntut Umum'' (Public Prosecutor), while in civil and administrative cases they are known by the term ''Jaksa Pengacara Negara'' (State Attorney).
Parallel to the military courts, the ''Oditurs'' of the Office of the Military Prosecutors (''Oditurat'') function as the relevant authority to prosecute and investigate criminal cases of members of the Indonesian National Armed Forces. The Oditurat are headed by the ''Oditur Jenderal'', which serves as the most senior prosecutor within the Indonesian military judicial affairs.
Attorneys
''Pengacara'' (sometimes the terms ''Advokat'' or ''Penasihat Hukum'' is used) are
lawyers
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...
who represent and advise defendants in criminal proceedings and parties in civil cases.
Law enforcement agencies
Prominent law enforcement agencies include the
National Police and the
Corruption Eradication Commission
Corruption Eradication Commission ( id, Komisi Pemberantasan Korupsi), abbreviated as KPK, is an Indonesian government agency established to prevent and fight corruption in the country. Firli Bahuri, an active police general, is the current ch ...
.
Correctional agencies
''Lembaga Pemasyarakatan'' or ''Lapas'' are government-ran correctional facilities, which includes prisons for adults, women, juveniles, corruption convicts, and convicts of terrorism charges. They are administered by the
Ministry of Law and Human Rights
The Ministry of Law and Human Rights is an Indonesian ministry that administers laws and human rights. It is responsible to the president, and is led by the Minister of Law and Human Rights, Yasonna Laoly, since 27 October 2014. The first mini ...
.
Court clerks, bailiffs, and secretaries
''Panitera'' or the court clerks ran the judicial administrative aspect of the courts. They keep records of case proceedings, maintain records of cases of their assigned courts, release official copies of court documents, and execute civil case verdicts. Sometimes they are assigned to appear in court to help administer the oaths.
''Juru Sita'' or the bailiffs are the official executor of the court orders. They often hand-deliver court orders and summons, execute court seizures and safekeepings of properties and their attached documents, and communicate and cooperate with other agencies regarding their actions.
''Sekretaris'' or the secretaries ran the non-judicial (general affairs) administrative aspect of the courts. They manage the court's assets and its procurement, oversee human resources, and ran the financial affairs of the court.
References
Further reading
*
*
{{Judiciaries of Asia
Law of Indonesia
Government of Indonesia