SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 157, 2009 | (Explanation in Additional State Sheet of the Republic of Indonesia Number 5076) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 48 YEAR 2009
ABOUT
POWER OF JUSTICE
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weigh: a. that the power of the judiciary under the Constitution of the Republic of Indonesia in 1945 is an independent power undertaken by a Supreme Court and a judicial body that is located underneath it in the general judicial environment, the environment of the Constitution of the Republic of Indonesia. Religious justice, the environmental justice of the military, the judicial environment of the country's enterprise, and by a Constitutional Court, in order to hold the judiciary in order to uphold the law and justice;
B. that to realize the power of an independent judiciary and a clean and authoring judiciary need to be done with a unified judicial system;
c. that
Act No. 4 Year 2004 on the Power of Justice is no longer in compliance with the development of legal and constitutional needs according to the Constitution of the Republic of Indonesia of Indonesia Year 1945;
D. that based on the consideration as referred to in the letter a, the letter b, and the letter c need to form an Act on the Power of Justice;
Given: Article 20, Section 21, Section 24, Section 24A, Section 24B, Section 24C and Section 25 of the Constitution of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
And
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
SET A LAW ON THE POWER OF JUSTICE.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
1. Power of Justice is the power of an independent state to organize the judiciary to enforce laws and justice based on Pancasila and the Constitution of the Republic of Indonesia in 1945, for the sake of the State of Law Republic of Indonesia.
2. Supreme Court is the perpetrator of judicial power as referred to in the Basic Law of the Republic of Indonesia in 1945.
3. The Constitutional Court is the perpetrator of judicial power as referred to in the Basic Law of the Republic of Indonesia in 1945.
4. Judicial Commission is the institution of the state as referred to in the Basic Law of the Republic of Indonesia in 1945.
5. Judge is the judge on the Supreme Court and the judge on the judicial body that is under it in the general judicial environment, the religious justice environment, the military judicial environment, the judicial environment of the country ' s endeavour, and the judge on the court The special is in that judicial environment.
6. The Chief Justice is the judge on the Supreme Court.
7. The judge of the Constitution is the judge on the Constitutional Court.
8. Special Court is the court that has the authority to examine, prosecute and cut certain things that can only be formed in one of the judicial bodies that are under the Supreme Court set in the Law.
9. Judge ad hoc is a temporary judge who has the expertise and experience in a particular field to examine, prosecute, and cut off a case that his appointment is set up in law.
BAB II
ASAS HOSTING OF JUSTICE POWER
Section 2
(1) THE JUSTICE IS DONE "FOR THE SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD".
(2) The justice of the state applies and uphold the law and justice based on Pancasila.
(3) All courts in the entire country of the Republic of Indonesia are the courts of the country governed by law.
(4) The justice is done with simple, fast, and light costs.
Section 3
(1) In exercising its duties and functions, judges and constitutional judges are obliged to maintain judicial independence.
(2) Any interference in judicial affairs by other parties outside the powers of the judiciary is prohibited, except in matters as referred to in the Basic Law of the Republic of Indonesia in 1945.
(3) Any person who intentionally violates the provision as referred to in paragraph (2) is convicted in accordance with the provisions of the laws.
Section 4
(1) The court of prosecuting according to the law by not disseting the person.
(2) The court assists the seeker of justice and seeks to overcome all obstacles and obstacles to a simple judiciary, quick, and light costs.
Section 5
(1) Judges and constitutional judges are obliged to dig, follow, and understand the legal values and the sense of justice that lives in society.
(2) Judges and constitutional judges must have unreprehenable integrity and personality, honest, fair, professional, and experienced in the field of law.
(3) The judges and constitutional judges are required to obey the Code of Conduct and Guidelines of Judge ' s Conduct.
Section 6
(1) No one can be confronted in front of the court, unless the legislation determines another.
(2) No one can be sentenced, unless the court because of the legal proof of the law, it is believed that a person who is deemed responsible, has been guilty of the act of the impediation of the law. Her.
Section 7
No one can be subjected to arrest, detention, shakedown, and seizure, except for the written order of legitimate power in terms of and according to the manner set in law.
Section 8
(1) Any person who is dislocated, arrested, detained, prosecuted, or confronted in front of a court of law is deemed innocent before there is a court ruling that states his guilt and has obtained a fixed legal force.
(2) In considering the weight of a criminal offense, the judge is obliged to pay attention to the good and evil nature of the accused.
Section 9
(1) Any person who is arrested, detained, prosecuted, or tried for no reason under the law or due to misrepresentation of the person or law of it, is entitled to demand a change in damages and rehabilitation.
(2) Officials who intentionally perform the deed as referred to in paragraph (1) are convicted in accordance with the provisions of the laws.
(3) The provisions of the prosecution of the prosecution for damages, rehabilitation, and discharges of damages are set up in the law.
Section 10
(1) The court is prohibited from refusing to examine, prosecute, and severing a matter filed under the pretext that the law does not exist or is less clear, but rather obliged to examine and superhold it.
(2) The terms of this Agreement are not subject to the terms of the Agreement.
Section 11
(1) The court examines, prosecuting, and severing the case with the assembly order of at least 3 (three) judges, unless the law specifies otherwise.
(2) The judge as referred to in verse (1) consists of a presiding judge and two member judges.
(3) Judge in examining, prosecuting, and severing the matter aided by a panitera or a person assigned to a panitera job.
(4) In the case of a mandatory criminal presence is also a public prosecutor, unless the law determines another.
Section 12
(1) The court examines, prosecuting, and severing the criminal case with the presence of the accused, unless the statute specifies another.
(2) In the case the defendant is not present, whereas the examination is declared to be completed, the verdict may be spoken without the presence of the accused.
Section 13
(1) All court vetting hearings are open to the public, unless the legislation determines another.
(2) The termination of the court is only valid and has the power of law if it is spoken in an open hearing to the public.
(3) Not subject to the terms referred to in verse (1) and verse (2) resulting in the ruling void by law.
Section 14
(1) The severing of judges is based on a trial of a secret judge.
(2) In a deliberation hearing, each judge is required to submit a written judgment or opinion of the case which is being examined and becomes an inseparable part of the ruling.
(3) In the event of a deliberation hearing cannot be reached unanimously, a different judge ' s opinion is required to be contained in a ruling.
(4) The further provisions of the deliberations trial as referred to in paragraph (2) and paragraph (3) are governed in the Supreme Court Rules.
Section 15
The mandatory trial gave each other a requested aid for judicial interest.
Section 16
Criminal acts committed jointly by those who include the general judicial environment and the military judicial environment, are examined and tried by the courts in the general judicial environment, except in certain circumstances according to the Chairman's decision. The Supreme Court of the case should be examined and tried by the courts in the military judicial environment.
Section 17
On the Day of Judgment, the judgment of the judge shall be given to justice.
(2) The right to be judged by a judge to judge between him and his wife.
(3) A judge is required to resign from the trial if it is bound by a family relationship of blood or temporary to a third degree, or the relationship of a husband or wife despite having a divorce, with the chairman, one of the judges of the member, prosecutor, advocate, and the wife of the family. Or a panitera.
(4) The chief of the assembly, the judge of a member, the prosecutor, or the panitera shall resign from the court when it is bound by a blood or blood family relationship to the third degree, or the relationship of a husband or wife despite the divorce of the party. On trial or advocate.
(5) A judge or a panitera is required to resign from the trial if he has direct or indirect interest in the case of being examined, whether on his own or at the request of the litigers.
(6) In the event of a breach of the provision as referred to in paragraph (5), the verdict is declared invalid and against the judge or the panitera in question imposed administrative sanction or being convicted in accordance with the provisions of the rules It's
(7) Perkara as referred to in verse (5) and verse (6) is reexamined with a different arrangement of the assembly of judges.
BAB III
JUSTICE POWER OFFENDER
The Kesatu section
Common
Section 18
Judicial power is exercised by a Supreme Court and a judicial body that resides under it in the general judicial environment, the religious justice environment, the military judicial environment, the judicial environment of the country's enterprise, and by a The Constitutional Court.
Section 19
Judges and constitutional judges are state officials who do the judicial powers set up in the legislation.
The Second Part
The Supreme Court and the Judicial Agency in its Baws
Section 20
(1) The Supreme Court is the highest court of state of the judicial body which is within the four judicial environments as referred to in Article 18.
(2) Supreme Court authorized:
a. Trial on the severity of the ruling given at the last level by the courts in all judicial environments that are under the Supreme Court, unless the law specifies otherwise;
B. test the laws under the legislation against the legislation; and
c. Other authority provided by law.
(3) The termination of the non-production laws as a result of testing as referred to in paragraph (2) the letter b may be taken either in connection with examination at the level of the cassation or on the basis of a direct request to the Court of Justice. Great.
Section 21
(1) The organization, administration, and financial authority of the Supreme Court and the judicial body that are under it are under the power of the Supreme Court.
(2) The provisions of the organization, administration, and financial entity entities as referred to in paragraph (1) for each judicial environment are set forth in law according to the specificity of each respective judicial environment.
Section 22
(1) The Supreme Court may provide the information, consideration, and advice of legal issues to state institutions and government agencies.
(2) The provisions of the giving of information, consideration, and advice of legal matters to state institutions and government agencies are governed in the legislation.
Section 23
The court ' s ruling in the appeal level may be appealed to the Supreme Court by the parties concerned, unless the statute specifies another.
Section 24
(1) Against the court ruling that has obtained a fixed legal force, the parties concerned can submit a review to the Supreme Court, if there are certain circumstances or circumstances specified in the legislation.
(2) Against the return of the review could not be conducted a review.
Section 25
(1) The judicial bodies that are under the Supreme Court include judicial bodies in the general judicial environment, the judicial judiciary, the military judiciary, and the judicial system of the country ' s endeavour.
(2) The public justice as referred to in paragraph (1) authorities examine, prosecute, and disconnect criminal and civil matters in accordance with the provisions of the laws.
(3) The justice of the religion as referred to in verse (1) authorities examine, prosecute, disconnect, and resolve matters between those who are Muslims in accordance with the provisions of the laws.
(4) Military justice as referred to in paragraph (1) authorities examine, prosecute, and discontinue military criminal conduct in accordance with the provisions of the laws.
(5) The justice of the country 's business conduct as referred to in paragraph (1) authorities examine, prosecute, disconnect, and resolve the country' s regulatory disputes in accordance with the provisions of the laws.
Section 26
(1) The first degree of court breaks may be appealed to the high court by the parties concerned, unless the statute specifies otherwise.
(2) The first degree of trial, which is not a waiver of an indictment or a ruling out of any legal charge, may be appealed to the high court by the parties concerned, unless the law determines Another.
Section 27
(1) A special court may only be formed in one of the judicial environments which is under the Supreme Court as referred to in Article 25.
(2) The provisions of the establishment of a special tribunal as referred to in paragraph (1) are set forth in law.
Section 28
The arrangement, power, and law of the Supreme Court events and the judicial bodies that are under it as referred to in Article 25 are set in law.
The Third Part
The Constitutional Court
Section 29
(1) The Constitutional Court of competent authorities shall judge on the first and final level of which the verdict is final to:
a. test the legislation against the Basic Law of the Republic of Indonesia in 1945;
B. Severing the jurisdiction of the state institutions that were authorized by the Constitution of the Republic of Indonesia in 1945;
c. severing the dissolution of the political party;
D. cut off disputes about the general election result; and
e. Another authority granted by law.
(2) In addition to the authority referred to in paragraph (1), the Constitutional Court is required to grant a ruling on the opinion of the People's Representative Council that the President and/or the Vice President are alleged to have committed a violation of the law of treason against country, corruption, bribery, other severe criminal acts or despicable acts, and/or no longer qualify as President and/or Vice President.
(3) Susunan, power and law of the Constitutional Court events as referred to in paragraph (1) are governed by law.
(4) The organization, administration, and financial terms of the Constitutional Court are under the powers and authority of the Constitutional Court.
BAB IV
THE APPOINTMENT AND DISMISSAL OF THE JUDGE AND CONSTITUTIONAL JUDGE
The Kesatu section
The appointment of Judges and Constitutional Judges
Section 30
(1) The magistrates of the supreme judges come from career and noncareer judges.
(2) The magistrates of the supreme judges as referred to in verse (1) are elected by the House of Representatives of the name of the candidate proposed by the Judicial Commission.
(3) The provisions of the terms and conditions of the appointment of a supreme judge as referred to in paragraph (1) and paragraph (2) are set forth in law.
Section 31
(1) The court judge under the Supreme Court is the state official exercising the judicial powers that are on the judicial body under the Supreme Court.
(2) The judge as referred to in paragraph (1) cannot be conserved, unless the law specifies otherwise.
Section 32
(1) Judge ad hoc may be appointed to a special court to examine, prosecute, and discontinue matters that require the expertise and experience in certain fields within a given period of time.
(2) The provisions of the terms and conditions of appointment and dismissal of judge ad hoc as referred to in paragraph (1) are set forth in law.
Section 33
To be able to be appointed as a constitutional judge, one must be eligible as follows:
a. have unreprehenable integrity and personality;
B. fair; and
c. statesmen who control the constitution and the state ' s agility.
Section 34
(1) The constitutional judges are submitted each 3 (three) persons by the Supreme Court, 3 (three) persons by the House of Representatives, and 3 (three) persons by the President.
(2) The nomination of a constitutional judge as referred to in paragraph (1) is exercised transparently and partisently.
(3) The election of a constitutional judge as referred to in paragraph (1) is exercised objectively and accountable.
Section 35
The provisions on the terms and conditions of the appointment of a Constitutional Judge are set up by law.
The Second Part
Judge ' s dismissal and Constitutional Justice
Section 36
Judges and consit-judges can be dismissed if they have met the terms defined in the statute.
Section 37
The provisions regarding the manner of the judge ' s dismissal and consitusi judges are set in law.
BAB V
OTHER BODIES WHOSE FUNCTIONS ARE RELATED TO THE POWER OF JUSTICE
Section 38
(1) In addition to the Supreme Court and the judicial bodies under it and the Constitutional Court, there are other bodies whose functions are related to the power of the judiciary.
(2) The functions related to the rule of the judiciary as referred to in paragraph (1) include:
a. inquiry and investigation;
a. prosecution;
B. execution of the verdict;
c. legal services grant; and
D. Dispute resolution outside the court.
(3) The provisions of other bodies whose functions are related to the powers of the judiciary are governed by law.
BAB VI
THE SUPERVISION OF THE JUDGE AND THE CONSTITUTIONAL JUDGE
Section 39
(1) The highest oversight of the holding of the judiciary on all judicial bodies that are under the Supreme Court in organizing the judicial power is carried out by the Supreme Court.
(2) In addition to the supervision as referred to in paragraph (1), the Supreme Court conducts the highest oversight of the exercise of administrative and financial duties.
(3) Internal supervision over the judge ' s conduct is carried out by the Supreme Court.
(4) The supervision and authority as referred to in verse (1), verse (2), and verse (3) shall not reduce the freedom of Judges in examining and severing the matter.
Section 40
(1) In order to maintain and uphold the honour, the uran of dignity, as well as the conduct of the judges carried out external oversight by the Judicial Commission.
(2) In conducting oversight as referred to in paragraph (1), the Judicial Commission has the task of conducting oversight of the conduct of judges based on the Judge ' s Code of Conduct and Guidelines.
Section 41
(1) In carrying out the supervision as referred to in Article 39 and Article 40, the Judicial Commission and/or the Supreme Court are mandatory:
a. Obeying the norms and regulations of the legislation;
B. guidelines on the Judge ' s Code of Conduct and Guidelines; and
c. maintaining the confidentiality of the information or information obtained.
(2) The conduct of the task as referred to in verse (1) should not reduce the freedom of judges in examining and severing the matter.
(3) The Code of Conduct and Guidelines of Judge ' s Conduct as referred to in paragraph (1) the letter b is set forth by the Judicial Commission and the Supreme Court.
(4) The provisions of the supervision as referred to in Article 39 and Section 40 are set forth in the legislation.
Section 42
In order to maintain and uphold the honor, dignity, and judgment of judges, the Judicial Commission can analyze the court's ruling that has gained the power of the law as the basis of the recommendation to perform the judge's mutation.
Section 43
Judges who are alleged to have committed violations of the Code of Conduct and the Judge ' s Conduct Guidelines are examined by the Supreme Court and/or the Judicial Commission.
Section 44
(1) The supervision of a constitutional judge is conducted by the Honorary Assembly of the Constitutional Judge.
(2) The Oversight as referred to in paragraph (1) is governed by the law.
BAB VII
JUSTICE OFFICIAL
Section 45
In addition to judges, on the Supreme Court and the judicial bodies under it can be appointed panitera, secretaries, and/or bailiff.
Section 46
Panitera should not be caught up to:
a. judge;
B. guardian;
C. The regents;
D. advocates; and/or
e. Other judicial officials.
Section 47
Provisions regarding the appointment and dismissal of panitera, secretaries, and bailiff as well as duties and functions are set in law.
BAB VIII
THE JUDGE ' S SAFETY AND WELFARE GUARANTEE
Section 48
(1) The State provides the security and welfare guarantees of judges and constitutional judges in the exercise of duties and the responsibility of the holding of the judiciary.
(2) The security and welfare security of judges and judges of the constitution as referred to in paragraph (1) is governed in accordance with the provisions of the laws.
Section 49
(1) Judge ad hoc in the exercise of duty and the responsibility of holding the judicial power is granted special benefits.
(2) The specific improvement as referred to in paragraph (1) is governed in accordance with the provisions of the laws.
BAB IX
COURT VERDICT
Section 50
(1) The termination of the court other than having to contain the reasons and the basis of the ruling, also contains a certain section of the laws concerned or the source of unwritten law that is made the basis for prosecuting.
(2) Any court ruling shall be signed by the chairman as well as the judges who cut off and the panitages who took part in the trial.
Section 51
The assignment, summary of the deliberations meeting, and the news of the hearing of the hearing was signed by the judge assembly chairman and the panitera of the hearing.
Section 52
(1) The court is obliged to grant access to the public to obtain information relating to the ruling and the cost of the proceedings in the proceedings.
(2) The court is required to submit a copy of the verdict to the parties within a defined time term under the laws.
(3) In criminal cases, the ruling in addition to as referred to in the verse (2) is delivered to the instance associated with the implementation of the ruling.
Section 53
(1) In examining and severing the matter, the judge is responsible for the designation and ruling he made.
(2) The rededement and ruling as referred to in paragraph (1) must contain the legal considerations of judges based on the appropriate and correct legal and legal basis of the law.
BAB X
EXECUTION OF THE COURT RULING
Section 54
(1) The implementation of the court ruling in criminal cases is committed by the prosecutor.
(2) The implementation of the court ruling in the civil case is carried out by the panitera and the bailiff is led by the court speaker.
(3) The termination of the court is exercised with regard to the value of humanity and justice.
Section 55
(1) The court chief is obliged to oversee the execution of a court ruling that has gained the power of the law fixed.
(2) The oversight of the execution of the court ruling as referred to in paragraph (1) is conducted in accordance with the laws.
BAB XI
LEGAL ASSISTANCE
Section 56
(1) Any person snaggled the right to obtain legal assistance.
(2) The State bears the cost of the case for an inable justice seeker.
Section 57
(1) In each state court was set up a legal aid post to the seeker of justice who was unable to in obtaining legal aid.
(2) The aid of the law as referred to in paragraph (1), granted freely at all levels of justice until the ruling against the case has obtained a fixed legal force.
(3) The aid of legal and legal aid posts as referred to in paragraph (1) is exercised in accordance with the provisions of the negotiations of the negotiations.
BAB XII
THE SETTLEMENT OF THE DISPUTE OUTSIDE THE COURT
Section 58.
The perdata dispute settlement effort may be conducted outside the state court by arbitration or an alternative to dispute resolution.
Section 59
(1) Arbitration is a way of resolution of a civil dispute outside a court based on an arbitration agreement made in writing by the parties in dispute.
(2) The termination of arbitration is final and has the power of the law fixed and binding on the parties.
(3) In terms of the parties not carrying out voluntary arbitration rulings, the ruling is exercised on the basis of a state court chairman ' s order on the plea of one of the disputable parties.
Section 60
(1) The alternative to a dispute is a dispute resolution or a dispute over a procedure that is agreed upon by the parties, i.e., a settlement outside the courts in a manner of consultation, negotiation, mediation, conciliation, or judgment. Expert.
(2) The completion of the dispute through an alternative settlement dispute as referred to in paragraph (1) the result is poured in a written agreement.
(3) The agreement in writing as referred to in verse (2) is final and binding on the parties to be exercised in good faith.
Section 61
The provisions of arbitration and dispute settlement outside the court as referred to in Article 58, Section 59, and Section 60 are set in law.
BAB XIII
CLOSING PROVISIONS
Section 62.
At the time of this Act, Law No. 4 of the Year 2004 on the Power of Justice (State Sheet of the Republic of Indonesia of 2004 No. 8, the addition of the Indonesian Republic of Indonesia Number 4358) was revoked and declared to be not applicable.
Section 63
By the time this Act goes into effect, all provisions that are the rules of conduct relating to the rule of the judiciary are declared to remain in effect as long as it does not conflict with this Act.
Section 64
This Act goes into effect on the promulgable date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
Passed in Jakarta
on October 29, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on October 29, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
PATRIALIST AKBAR
ADDITIONAL
STATE SHEET RI
| No. 5076 | (explanation Of State Sheet 2009 Number 157) |
EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 48 YEAR 2009
ABOUT
POWER OF JUSTICE
I. UMUM
The Basic Law of the Republic of Indonesia in 1945 affirmed that Indonesia is a legal state. In accordance with these provisions, one of the key principles of the state of law is the guarantee of the establishment of an independent judiciary, free from the influence of other powers to hold the judiciary in order to enforce the law and the laws of justice. Justice. Article 24 paragraph (1) of the Basic Law of the Republic of Indonesia in 1945 asserts that the power of the judiciary is an independent power to organize a judiciary in order to enforce law and justice.
The change in the Constitution of the Republic of Indonesia in 1945 has brought about changes in the life of the state, especially in the exercise of the power of the judiciary. Such changes include:
-the powers of the judiciary are exercised by a Supreme Court and a judicial body that lies under it in the general judicial environment, the religious judicial environment, the military judicial environment, the judicial environment of the country's enterprise, and by a The Constitutional Court.
-The Supreme Court is authorized to judge at the rate of cassation, test the laws under the law, and have other powers vested in the law.
-The Constitutional Court is authorized to test the laws against the Constitution of the Republic of Indonesia in 1945 and cut the disputes over the authority of the institutions of state that the Constitution of the Republic of Indonesia (the Constitution of Indonesia) is granted 1945.
-The Judicial Commission is authorized to propose the appointment of a supreme judge and to have other powers in order to maintain and uphold honor, dignity, and the conduct of judges.
In essence the Law No. 4 Year 2004 on the Power of Justice has been in accordance with the changes in the Constitution of the Republic of Indonesia in 1945 above, but the substance of the Act has not yet been comprehensive about the The establishment of the judiciary, which is an independent power undertaken by a Supreme Court and a judicial body that lies under it in the general judicial environment, the judicial environment, the military justice environment, the courts of justice, the courts of justice, the courts of justice the judicial environment of the country ' s endeavour, and by a Constitutional Court, To hold the judiciary to uphold justice and justice.
In addition to the comprehensive arrangement, the Act also to fulfill the ruling of the Constitutional Court Number 005 /PUU/2006, which one of its amones has called off Article 34 of Law No. 4 of 2004 on the Power of Justice. The Constitutional Court ' s ruling has also overturned the provisions related to the oversight of judges in the 2004 Law Number 22 Act on the Judicial Commission.
In connection with this, as an attempt to strengthen the holding of judicial power and to embody the unified justice system (integrated justice system), then Act No. 4 of 2004 on the Power of Justice as a The foundation of justice needs to be replaced.
Important things in this Act are among others as follows:
a. Reformulation of the Law No. 4 Act 2004 on the Power of Justice is related to the comprehensive arrangement of the Act, for example, the existence of a separate chapter on the principle of the establishment of the judiciary.
B. General arrangements concerning the supervision of a judge and a constitutional judge in accordance with the laws and the Code of Conduct and the Rules of Judge ' s Conduct
C. General arrangements regarding appointment and dismissal of judges and constitutional judges.
D. Arrangements regarding special courts have the authority to examine, prosecute and break certain cases which can only be formed in one of the judicial bodies that are under the Supreme Court.
e. The setting about the judge ad hoc is temporary and has the expertise and experience in a particular field to examine, prosecute, and break up a matter.
f. A general setting of arbitration and an alternative to dispute resolution is outside the court.
G. General arrangements concerning legal assistance for uncapable justice seekers and arrangements regarding legal aid posts on each court.
h. General settings regarding security guarantees and the welfare of judges and judges of the constitution.
II. SECTION BY SECTION
Section 1
Pretty obvious.
Section 2
Verse (1)
The justice of the "SAKE OF JUSTICE BASED ON THE ALMIGHTY GOD" is in accordance with Article 29 of the Constitution of the Republic of Indonesia in 1945 which determined that the state is based upon the Almighty God and the state guarantees the Each and every one of the people of their religion, each and every one of their own people.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Verse (4)
The meaning of "simple" is the examination and resolution of the case carried out in an efesien manner and effective.
The meaning of "light costs" is the cost of a crime to be reached by the public.
Nevertheless, simple asas, fast, and light costs in the examination and resolution of the case in court do not rule out rigor and ingenuity in finding truth and justice.
Section 3
Verse (1)
The "judicial independence" is free from the interference of the outside and free from any form of pressure, both physical and psychic.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Section 4
Pretty obvious.
Section 5
Verse (1)
This provision is intended for the ruling of the judge and a constitutional judge in accordance with the law and the sense of public justice.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Section 6
Pretty obvious.
Article 7
In question, "legitimate power" is the law enforcement apparatus that is authorized to conduct investigations and investigations under the law. In the process of investigation and investigation, it is also included in the interception.
Article 8
Verse (1)
Pretty obvious.
Verse (2)
In determining the weight of the criminal to be dropped, the judge is required to pay attention to the nature of the accused, or the evil nature of the accused, so that the verdict is dropped according to and fair with the error he committed.
Article 9
Verse (1)
The "rehabilitation" is the restoration of a person's right by the court's ruling to its original position which concerns honor, goodwill, or other rights.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Article 10
Pretty obvious.
Article 11
Pretty obvious.
Article 12
Verse (1)
This provision applies to the first-degree trial.
Verse (2)
Pretty obvious.
Article 13
Pretty obvious.
Section 14
Pretty obvious.
Article 15
Mutual aid is carried out among other things in the administration of case files, an inventory of court rulings and the use of human resources.
Section 16
The meaning of "in certain circumstances" is seen from the weight point of the loss inflicted by such a criminal. If the weight point of the loss lies in the military's interest, it is tried by the court in the military judicial environment, but if the weight point of the loss lies in the general interest, then the case is judged by the court of law. in the general judicial environment.
Section 17
Verse (1)
Pretty obvious.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Verse (4)
Pretty obvious.
Verse (5)
"Direct or indirect interest" is included if a judge or panitera or other party has ever handled the case or the case was ever related to a job or office in question. Previously.
Verse (6)
Pretty obvious.
Verse (7)
What is meant by "different" in this provision is the assembly of judges that are not bound to the provisions of verse (5).
Article 18
Pretty obvious.
Section 19
Pretty obvious.
Section 20
Verse (1)
Pretty obvious.
Verse (2)
Letter a
Pretty obvious.
Letter b
These provisions govern the right of the Supreme Court ' s test against the lower laws of the legislation. Test rights may be performed either against the subject matter of the paragraph, section, and/or part of the laws in conflict with higher laws and against the establishment of laws.
Letter c
Pretty obvious.
Verse (3)
Pretty obvious.
Section 21
Pretty obvious.
Article 22
Pretty obvious.
Section 23
Pretty obvious.
Section 24
Verse (1)
The meaning of "certain things or circumstances" is the discovery of new evidence (novum) and/or the presence of the judge or the error of the judge in applying its law.
Verse (2)
Pretty obvious.
Section 25
Pretty obvious.
Article 26
Pretty clear.
Section 27
Verse (1)
The "special court" among others is the child courts, the court of commerce, the court of human rights, the courts of criminal corruption, the courts of industrial relations and the fisheries courts that are in the judicial environment. general, as well as the tax courts that are in the judicial environment of the country ' s enterprise.
Verse (2)
Pretty obvious.
Article 28
Pretty obvious.
Article 29
Verse (1)
Letter a
Pretty obvious.
Letter b
Pretty obvious.
Letter c
Pretty obvious.
Letter d
Pretty obvious.
Letter e
Under this provision includes the authority of checking, and severing the dispute over the outcome of the regional head election in accordance with the provisions of the laws.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Verse (4)
Pretty clear.
Article 30
Verse (1)
In question a "career judge" is a judge who is active as a judge on the judicial body that is under the Supreme Court nominated by the Supreme Court.
The "noncareer judge" is a judge that comes from outside the judicial body.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Article 31
Verse (1)
Pretty obvious.
Verse (2)
Referred to as "post" among others:
a. The guardian, the regents, and the officials associated with a matter that is examined by him;
B. entrepreneurs; and
C. advocate.
In the case of a Judge who is a businessman among others, the judge is the company's director, being the shareholder of the company, or holding another trade effort.
Section 32
Verse (1)
The intended "within a specified timeframe" is temporary in accordance with the provisions of the laws.
The goal of the judge a
dhoc is to help resolve cases that require special expertise such as banking crimes, tax crimes, corruption, children, industrial relations disputes, telematics
(cyber (crime)
Verse (2)
Pretty clear.
Section 33
Pretty obvious.
Article 34
Pretty obvious.
Section 35
Pretty obvious.
Section 36
Pretty obvious.
Section 37
Pretty obvious.
Article 38
Verse (1)
It is referred to as "other bodies" among other police, prosecutor, advocate, and correctional institutions.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Article 39
Verse (1)
The "highest oversight" in question is to include the internal oversight of the Supreme Court against all the judicial bodies that are under it.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Verse (4)
Pretty clear
Section 40
Pretty clear.
Section 41
Pretty obvious.
Article 42
The meaning of "mutation" in these provisions includes also promotion and demotion.
Article 43
Pretty obvious.
Section 44
Pretty obvious.
Section 45
Pretty obvious.
Section 46
Letter a
Pretty obvious.
Letter b
Pretty obvious.
Letter c
Pretty obvious.
Letter d
Pretty obvious.
Letter e
The "other judicial officials" are secretaries, deputy secretaries, deputy panitera, replacement panitera, bailiff, replacement bailiff, and other structural officials.
Section 47
Pretty obvious.
Section 48
Verse (1)
The "security guarantee in carrying out its duties" is a judge and a constitutional judge is given a security guard in attending and presiding over the trial. Judges and judges of the constitution must be granted security protection by a related apparatus, the police officers, so that judges and judges of the constitution are able to examine, prosecute and break the matter properly and properly without any pressure or intervention from the law. Any party. Welfare guarantees include principal pay, benefits, service fees, and pension as well as other rights in accordance with the laws.
Verse (2)
Pretty obvious.
Section 49
Pretty obvious.
Section 50
Pretty obvious.
Section 51
Pretty obvious.
Section 52
Verse (1)
Pretty obvious.
Verse (2)
Pretty obvious.
Verse (3)
It is referred to as "related agencies" among other correctional institutions, house of prisoners, and the prosecutor's office.
In the case of a copy of the ruling not being delivered, the chairman of the court in question is charged with administrative sanction of a written reprimand from the Chief Justice.
Section 53
Pretty obvious.
Section 54
Pretty obvious.
Section 55
Pretty clear.
Section 56
Verse (1)
The "legal aid" is the granting of legal services (for free) that includes the granting of legal consultation, exercising power, representing, accompanying, defending, conducting other legal actions for the benefit of the seeker of justice (who is the right to be used by the law). Can't afford it.
Verse (2)
The "incapable of uncapable justice" is an individual person or a group of economically incapable people who require legal services to deal with and solve legal problems.
Section 57
Pretty obvious.
Section 58
Pretty obvious.
Section 59
Verse (1)
What is meant by "arbitration" in this provision includes also sharia arbitration.
Verse (2)
Pretty obvious.
Verse (3)
Pretty obvious.
Section 60
Pretty obvious.
Section 61
Pretty obvious.
Section 62
Pretty obvious.
Article 63
Pretty obvious.
Section 64
Pretty obvious.
