INDONESIAN LEGAL SYSTEM

ONLINE SESSION ASSIGNMENT : WEEK 2

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JAKARTA
2020
 The Judiciary of Indonesia

Main Courts in Indonesia

There are six main courts in Indonesia; public courts, religious courts, administrative

courts, military courts, the Supreme Court, and the Constitution Court. As a Court of First

Instance, the Public Court has the duty to decide, decide and settle civil court cases for the

people. The jurisdiction of the Public Court covers the City or Regency area. A Religious Court

is a court of first instance that exercises judicial authority within the Religious Courts that is

domiciled in the district or city capital. The Religious Courts are formed by Presidential Decree.

Administrative court is one of the judicial bodies that exercises judicial power, an

independent power which is under the Supreme Court in the context of administering justice to

uphold law and justice. Military Court is a court whose duty is to examine and decide on the first

level of criminal cases and Military Administration disputes as stipulated in article 40 of the

Republic of Indonesia Law Number 31 of 1997, namely soldiers with the rank of Captain down.

The Supreme Court of the Republic of Indonesia is a high state institution in the

Indonesian constitutional system which is the holder of judicial power together with the

Constitutional Court and free from the influence of other branches of power. The Constitutional

Court is one of the state institutions that exercise independent judicial power to hold courts to

uphold law and justice.

Special Courts in Indonesia

There are seven types of special courts in Indonesia; Industrial Courts, Commerce courts,

human rights courts, corruption courts, Fisheries courts, Juvenile Courts, and Tax Courts.

Industrial Relations Court is a special court established in the general court environment which

has the authority to examine, hear and give decisions on industrial relations disputes. Commerce

courts is a court that is authorized to hear cases of bankruptcy, suspension of payment and debt

payment. Also handle commercial disputes such as the dispute in the field of Intellectual

Property Rights and disputes in process of liquidation of the bank conducted by Lembaga

Penjamin Simpanan.

Human Rights Court is a Special Court for gross violations of human rights. Based on

Law No. 26 of 2000, human rights violations include crimes of genocide and crimes against

humanity. Corruption Court is a Special Court within the General Court. The Corruption Court is

the only court that has the authority to examine, hear, and decide on corruption cases. Fisheries

Court is a Special Court within the general court environment which has the authority to

examine, hear, and decide on criminal actions in the field of fisheries. The Fisheries Court was

formed based on Law Number 31 of 2004 concerning Fisheries.

Juvenile Court is a court that has the duty and authority to examine, decide upon and

settle child cases. The age limit for a child that can be submitted to the Juvenile Court is at least

8 (eight) years but has not reached the age of 18 (eighteen) years and has never been married. A

tax court is a judicial body that exercises judicial power in Indonesia for taxpayers or tax bearers

seeking justice for tax disputes.

Legal Profession at Courts

1. Advocate. An advocate is a person who is engaged in providing legal services, both

inside and outside the court whose jurisdiction operates throughout the territory of the

Republic of Indonesia. An advocate can be said as a legal expert who has the authority to

give advice or defend a case in a court of law.

2. Judge. A judge is a public official appointed or elected to hear and decide legal matters in

court.

3. Public Prosecutor. Public prosecutors are prosecutors who are given the authority to

make indictments, attend hearings and prosecute in criminal cases. In addition to

prosecution, the Public Prosecutor according to the Criminal Procedure Code can carry

out the determination of judges.

4. Clerk of Courts. Clerk of courts are a court official whose job is to assist the judge in

making the minutes of the examination in the trial process.

5. Notary Public. Notary Public is an authorized official to make an authentic deed

regarding all deeds, agreements, and provisions required by legislation and / or desired by

the interested parties to be stated in an authentic deed, guaranteeing the certainty of the

date of making the deed, keeping the deed, giving grosse , copies and quotations of the

deeds, all of them as long as the making of the deeds are also not assigned or excluded to

other officials or other people stipulated by the Law of the Republic of Indonesia Number

30 of 2004 concerning the Position of Notary.

6. Mediator. The mediator is a neutral party that helps the parties in the negotiation process

to find various possible solutions to the dispute without using a way to decide or force a

settlement.

7. Arbiter. Arbiter is a person agreed by two parties to the dispute to provide a decision that

will be obeyed by both parties