Understand the 2 Basic Laws of the Supreme Court

Supreme Court legal basis – Indonesia is a country of laws. Sinaumed’s may have often heard or read this term, whether it’s in an article, in news, to subjects at school such as Citizenship Education (PKN) subjects. This statement, on paper is true.

Indonesia has its own legal basis, namely the 1945 Constitution (UUD) which is continuously improved and updated in accordance with the times. Whatever legal process takes place in this country, it must be based on the 1945 Constitution.

Not only that, Indonesia also has a number of legal institutions which of course are tasked with enforcing the law in Indonesia. The majority of these legal institutions enter the judiciary. Among these several institutions, it can be said that the one that plays a quite important role is the Supreme Court (MA).

Get to know the Supreme Court

Sinaumed’s should have heard the Supreme Court quite often on a variety of occasions. Apart from PKN subjects, the Supreme Court will often be a hot topic of conversation when there are major cases ongoing in this country.

The Supreme Court institution will often be mentioned in the news because this institution is an institution that plays a major role in the continuity of law in Indonesia. So, why can the Supreme Court have such a big role? What is the legal basis for the Supreme Court so that law in Indonesia is quite influenced by this institution?

So, the Supreme Court is an institution that holds judicial power with a member of another judicial institution, namely the Constitutional Court (MK). As for what is meant by judicial power is the ability to convene and administer courts in this country.

The Supreme Court is licensed to hold trials or courts in certain areas. The courts referred to here are general courts, religious courts, military courts, and state administrative courts.

Sinaumed’s needs to know that like several other companies and institutions in Indonesia, the existence of the Supreme Court also dates back to the Dutch and British colonial periods, from the reign of Herman Willem Daendels to the reign of Thomas Stanford Raffles.

At that time, the Indonesian people saw how the Dutch judicial process was taking place. This has inspired and influenced the people of Indonesia to carry out justice with a system similar to that of the Netherlands.

August 18, 1945, exactly one day after Indonesian Independence, President Soekarno created a judicial institution called the Supreme Court. This creation was based on the Decree of KMA/043/SK/VIII/1999 concerning Determination of the Anniversary of the Supreme Court of the Republic of Indonesia.

Koesoemah Atmadja , a figure who became Chief Justice of the Supreme Court for the first time after being appointed by President Soekarno. After that, the Supreme Court continued to experience changes both in terms of structure and regulations, until it became what we know today.

Of course, the Supreme Court has changed leadership several times. Among the superiors of the Supreme Court, there is the figure of Marianna Sutadi Nasution, the first woman to become Deputy Chief Justice of the Supreme Court. Sinaumed’s can read a biography of this figure in the book “Artika Apa Berkutika: Footprints of the First Woman in the Leaders of the Supreme Court”.

 

Supreme Court Legal Basis

The Supreme Court itself has several functions and duties which we will discuss later in the next session. However, one thing is certain, they will not be able to work and operate without a legal basis on which to base them.

In simple terms, it can be explained that the legal basis for the Supreme Court is the 1945 Constitution which has been updated until now. However, there are at least 2 articles that members need to pay attention to in order to carry out their duties as law enforcers in Indonesia.

The articles referred to above are Article 24 Paragraph 2 and Article 24A Paragraph 1, Paragraph 2, Paragraph 3, Paragraph 4, Paragraph 5. Below we will explore the contents of each of the articles and paragraphs contained therein. Check out the following explanation.

Article 24 Paragraph 2

It contains: “Judicial power is exercised by a Supreme Court and judicial bodies under it in the general court environment, religious court environment, military court environment, state administrative court environment, and by a Constitutional Court”.

As discussed above, the Supreme Court has the authority to conduct trials in a number of environments or scopes. Not only that, the Supreme Court also does not work alone, but cooperates with other legal institutions, namely the Constitutional Court.

Article 24A Paragraph 1

It contained: “The Supreme Court has the authority to adjudicate at the cassation level, examine statutory regulations under the law against the law, and has other powers granted by law.”

This article explains the duties and powers of the Supreme Court. If we draw it broadly, the Supreme Court basically has the authority to examine and ensure the legitimacy of a law in Indonesia.

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Article 24A Paragraph 2

It contained: “A supreme judge must have integrity and personality that is beyond reproach, fair, professional, and experienced in the field of law.”

Chief Justice is a term that refers to judges who work at the Supreme Court. It is they who will later become the cassation level court figure. Therefore, this article states that Supreme Court judges must have personalities that basically will not harm anyone.

Article 24A Paragraph 3

It contained: “The candidate for Supreme Court justices is proposed by the Judicial Commission to the House of Representatives for approval and then appointed as Supreme Court justices by the President.”

Next, there is an explanation regarding the prospective Supreme Court justices who will later work and become members of the Supreme Court. All recommendations for Supreme Court judges come from other judicial institutions, namely the Judicial Commission, are given to the People’s Representative Council (DPR), before finally being approved by the President.

Article 24A Paragraph 4

It contained: “The chairman and vice chairman of the Supreme Court are elected from and by the chief justices.”

Not only candidates for the DPR or candidates for President and Vice President who hold elections before being elected and later inaugurated. Even though it is internal in nature, both the Chief Justice and Deputy Chief Justice are also carried out by voting for consensus by their members, namely the Supreme Court justices.

Article 24A Paragraph 5

It contained: “The composition, position, membership, and procedural law of the Supreme Court and the judicial bodies under it are regulated by law.”

This last article describes Indonesia as a constitutional state. Although the Supreme Court holds supreme authority over Indonesian law, this institution must also comply with the laws that govern it and cannot act arbitrarily or arbitrarily.

Sinaumed’s must have known that apart from being the legal basis for the Supreme Court, the 1945 Constitution is also the legal basis for a number of institutions in Indonesia. You can read the contents of the 1945 Constitution in the book “1945 Constitution & Supercomplete Amendments” .

Functions and Duties of the Supreme Court

With the explanation of the legal basis for the Supreme Court above, Sinaumed’s should now be able to understand what are the functions and duties of the Supreme Court. And you may have guessed that this one institution has quite a lot of work to do, given their vital role in the continuity of law in Indonesia.

If we outline the functions and duties of the Supreme Court, Sinaumed’s can find at least 6 main functions of this judicial institution. And the 6 main functions will be further broken down into a number of other, more specific tasks.

The 6 functions are the judicial function , the supervisory function , the regulatory function , the advisory function , the administrative function , and other functions that are not included in the above functions. The following is an explanation of each function which is a summary of a more detailed explanation.

Judicial Function

  • The Supreme Court is tasked with implementing state law in Indonesia and ensuring that existing laws in this country can be implemented in a fair and equitable manner.
  • In addition to the above duties, the Supreme Court also has the authority to issue first and final decisions in the following cases:
    • Disputes regarding the authority to adjudicate.
    • Review of court decisions that have obtained permanent legal force.
    • Disputes arising from the seizure of foreign ships and their cargo by Indonesian warships
  • The final judicial function of the Supreme Court is to examine, review, evaluate and ensure that the laws in Indonesia are free from defects and can work properly.

Oversight function

  • The Supreme Court has the highest authority and has the role of overseeing various types of trials that are currently taking place in Indonesia and ensuring that these trials are carried out in accordance with existing regulations.
  • If detailed, there are several things that the Supreme Court needs to supervise in a trial, namely:
    • Judicial workers ranging from judges, juries, and other judicial officials who are involved in a trial.
    • Legal advisors and notaries concerned in court.

Setting Function

  • This institution is also tasked with arranging the details needed in a trial, be it small details or big details, if there are things that are not written on the legal basis of the Supreme Court.
  • Based on the explanation above, the Supreme Court is authorized to make additional regulations related to the judiciary if necessary.

Advice Function

  • The Supreme Court has the right to provide advice to other state institutions such as the MPR and DPR, as well as heads of state or the President regarding the acceptance or rejection of a pardon.
  • In addition, this institution is also allowed to ask for instructions, advice or other information from the judiciary.
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Administrative Functions

  • The judiciary is under the auspices of the Supreme Court both administratively and financially.
  • The Supreme Court is tasked with regulating and giving tasks related to judicial clerkships that will take place.

Other Functions

  • The Supreme Court may be assigned other duties if necessary.

In addition, the functions and duties of the Supreme Court that have been described above are also carried out not only based on the 1945 Constitution, but also other laws made so that law in Indonesia can run properly under the control of the Supreme Court.

Thanks to these rules, the Supreme Court has succeeded in resolving hundreds or even thousands of legal cases every year since it was first established. If any of the Sinaumed’s are interested in reading the results of the Supreme Court’s decision, you can read the book “RI Supreme Court Decision 1953-2008” .

Other Judicial Institutions

Even though the Supreme Court can be said to hold one of the highest powers in law in Indonesia, it would be a big mistake for Sinaumed’s to assume that the Supreme Court is the only state institution tasked with enforcing the law in Indonesia.

As we have alluded to earlier, the Supreme Court is part of the judiciary, an institution that is in charge of regulating and carrying out the functions of Indonesian state law. Apart from the Supreme Court, there are also 2 other institutions which are part of the judiciary.

The two institutions are the Constitutional Court (MK) and the Judicial Commission (KY) . Each of these institutions has their own roles and duties in maintaining the continuity of law in Indonesia so as not to deviate from the laws of this country.

In the final session as well as the closing session, we will briefly discuss the Constitutional Court and the Judicial Commission, starting from the definition, duties and functions of each institution. Hope you guys can get new information, Sinaumed’s!

Constitutional Court

Apart from the Supreme Court which we have discussed above, another institution that holds the highest authority over law in Indonesia is the Constitutional Court. However, slightly different from the Supreme Court which had been established since 1945, the new Constitutional Court was established on 18 August 2003.

The 5th President of Indonesia, Megawati Soekarnoputri, who had a hand in the founding of the Constitutional Court. Similar to the Supreme Court, this institution also has the authority to review laws that will later apply in Indonesia.

In addition, the Constitutional Court is also tasked with holding trials in areas outside the jurisdiction of the Supreme Court. The areas referred to are in the form of authority disputes between state institutions, the dissolution of political parties, and disputes over general election results.

Judicial Commission

Another judicial institution that also has an important role in the state legal system is the Judicial Commission. This institution is the youngest judicial institution among the other 2 judicial institutions. The Judicial Commission was established on 2 August 2005.

Basically, the Judicial Commission has authority over matters relating to judges. They have basic duties ranging from appointing justices for the Supreme Court, ensuring that the quality of judges in Indonesia is in accordance with applicable law, as well as carrying out the code of ethics and guidelines applied to judges.

In practice, the work of the Judicial Commission must not be disturbed by the interference of any party. They will be responsible to the DPR for their work, and are required to provide detailed and accurate reports on their work over the past year.

With this, the discussion on the Supreme Court has ended , starting from the definition of the institution, the history of the institution, the legal basis of the institution, and the functions and duties of this institution. Sinaumed’s has also studied matters related to other judicial institutions, namely the Constitutional Court and the Judicial Commission.

Hopefully, with this, Sinaumed’s will begin to realize how big the role these institutions play in establishing and implementing law in Indonesia. Apart from that, I hope you can understand how important the meaning of “state of law” is for Indonesia, and always want to try to uphold it if there is a chance.

If Sinaumed’s is interested in buying the recommended books above or looking for articles or other books related to the Indonesian government, you can visit our site at sinaumedia.com . We, sinaumedia, #Friends Without Limits , will always try to provide quality writing and reading books so that Sinaumed’s can get knowledge and information #MoreWithReading .

Author: M. Adrianto S.

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