Act No. 48 Of 2009

Original Language Title: Undang-Undang Nomor 48 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f25886c80854f313231393134.html

ACT 48-2009 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 157, 2009 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5076) legislation of the REPUBLIC of INDONESIA NUMBER 48 in 2009 ABOUT the POWERS of the JUDICIARY by the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the power of Justice according to the Constitution of the Republic of Indonesia in 1945, is an independent authority that is exercised by the Supreme Court and a judiciary that is underneath the judicial environment in General religious courts, environment, environmental, environmental justice military justice the State, and by a Constitutional Court, to uphold justice for the law and justice;
b. that to manifest the powers of an independent judiciary and a clean judicial and authoritative need to do the setup of an integrated justice system;
c. that Act No. 4 of 2004 concerning the powers of the Judiciary does not comply anymore with the development needs of the law and attempt to obey the Constitution of the Republic of Indonesia in 1945;
d. that based on considerations as referred to in letter a, letter b, letter c and the need to establish laws on the Judicial Power;
Remember: article 20, article 21, article 24, article 24A, 24B aircraft Article, article 24C and article 25 of the Constitution of the Republic of Indonesia in 1945;
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES: setting: the law on JUDICIAL POWER.
CHAPTER I GENERAL PROVISIONS article 1 In this law are: 1. the Judicial Power is an independent power of the State to organize the judiciary to uphold law and justice based on Pancasila and the Constitution of the Republic of Indonesia in 1945, for the sake of this Country the law of the Republic of Indonesia.
2. The Supreme Court is the judicial powers of the perpetrator as stipulated in the Constitution of the Republic of Indonesia in 1945.
3. The Constitutional Court is the judicial powers of the perpetrator as stipulated in the Constitution of the Republic of Indonesia in 1945.
4. The Judicial Commission was agencies State as stipulated in the Constitution of the Republic of Indonesia in 1945.
5. The judge is a judge on the Supreme Court and judges in the judiciary that are underneath it in an environment of public justice, environmental justice, environmental justice, environmental justice, and the State administrative judge at the Special Court in the judicial environment. 6. the Chief Justice is a judge on the Supreme Court.

7. The constitutional Judge is a judge on the Constitutional Court.
8. The Special Court is the Court which has the authority to inspect, judge and disconnected certain things that can only be formed in one of environmental justice under the Supreme Court are set forth in the Act.
9. Judge ad hoc is the temporary judges who have expertise and experience in a particular field to inspect, judge, and disconnect a matter that his appointment is set out in the Act.
CHAPTER II BASIC ORGANIZATION of the JUDICIAL POWER of article 2 (1) of the judiciary exercised "for the SAKE of FAIRNESS UPON the DIVINITY of the ONE TRUE GOD".
(2) the judicial State apply and enforce the law and justice based on Pancasila.
(3) All of the judiciary in all regions of the Republic of Indonesia is a country governed by judicial legislation. (4) the justice is done with a simple, fast, and lightweight.

Article 3 (1) in carrying out its duties and functions, the judge and the judge is obligated to keep the constitutional independence of the judiciary.
(2) any interference in the Affairs of the judiciary by other parties outside the powers of the judiciary are prohibited, except in the matters referred to in the Constitution of the Republic of Indonesia in 1945.
(3) any person who intentionally infringes the provisions referred to in subsection (2) are convicted in accordance with the provisions of the legislation.
Article 4 (1) of the courts prosecute according to law by not distinguishing the people.
(2) the Court of Justice and seeker trying to help overcome all barriers and obstacles to the accomplishment of the judiciary can be simple, fast, and lightweight.
Article 5 (1) the judge and the judge is obliged to dig, abreast of the Constitution, and to understand the values of law and a sense of Justice that lives in the community.
(2) the judge and the judge the Constitution must have integrity and despicable personality, honest, fair, professional, and experienced in the field of law.
(3) the judge and the judge is obligated to obey the Constitution and the code of conduct of the judge.
Article 6 (1) no one can be confronted in front of the Court, unless the law determines otherwise.
(2) no one shall be sentenced, unless the Criminal Court because a valid authentication tool according to the legislation, got the belief that someone who is considered to be responsible, has been guilty of acts that didakwakan upon himself.
Article 7 no one shall be subjected to arrest, detention, search, and seizure, except on the orders of a legitimate authority in terms and according to the manner provided for in the Act.

Article 8 (1) any person who is suspected, arrested, detained, prosecuted, or confronted in front of the Court is obliged to be presumed innocent before any court ruling that declared his mistakes and has acquired the force of law.
(2) in considering the weight of the ringannya criminal, the judge is obliged to pay attention also to the nature of good and evil from the defendant.
Article 9 (1) every person who is arrested, detained, prosecuted, or on trial for no reason based on law or because of confusion about the person or the law applied, has the right to demand damages and rehabilitation.
(2) the officials who do the deed as referred to in paragraph (1) are convicted in accordance with the provisions of the legislation.
(3) the provisions concerning the procedures for prosecution of damages, rehabilitation, and the imposition of damages is set out in the Act.
Article 10 (1) of the courts are prohibited from refusing to inspect, judge, and disconnect a lawsuit filed under the pretext that there is no law or less clear, but is obliged to check and put on trial.
(2) the provisions referred to in subsection (1) does not close the civil lawsuit settlement in peace.
Article 11 (1) the Court reviewed, judged, and hang up the matter with the Tribunal at least three (3) judges, unless the law determines otherwise.
(2) the order of a judge referred to in subsection (1) consists of a Chief Justice and two judges of the members.
(3) the judge in examining, adjudicate, and break things assisted by a Registrar or a clerk of the works assigned.
(4) in criminal cases compulsory present also a public prosecutor, unless the law determines otherwise.
Article 12 (1) the Court reviewed, judged, and break the criminal with the presence of the defendant, unless the law determines otherwise.
(2) in case the defendant is not present while examination revealed has been completed, the verdict can be pronounced without attended the defendant.
Article 13 (1) All court examinations Council is open to the public, unless the law determines otherwise.
(2) the Court ruling only legitimate and has the force of law when pronounced in the trial open to the public.
(3) is not the fulfillment of the provisions referred to in paragraph (1) and paragraph (2) resulted in the verdict annulled by law.
Article 14 (1) the award shall be taken on the basis of the trial judge are confidential consultative.
(2) in the Council of deliberation, each judge is obligated to deliver a written opinion or reasoning against things that are checked and become an integral part of the verdict.
(3) in case the Council consultative consensus cannot be reached, the opinion of the judge is obligated to load in the verdict.
(4) further Provisions regarding Consultative Council as referred to in paragraph (2) and paragraph (3) is set in the rules of the Supreme Court.
Article 15 the Court obliged the mutual assistance requested for the benefit of the judiciary.

Article 16 crime committed jointly by those general judicial including environmental and military judicial environment, examined and judged by the Court of Justice in General, except in certain circumstances according to the decision of the Chief Justice of the matter should be examined and judged by the Court of Justice in the military.

Article 5 (1) parties on trial have the right arsenal against judges who adjudicate the matter.
(2) the right referred to in paragraph disobedient (1) is a right of a person who tried to file the objection is accompanied by the reasons against a judge who adjudicate the matter.
(3) a judge is obliged to resign from the Council if the blood family relations or bound semenda to the third degree of relationship, or husband or wife despite having been divorced, with the Chairman, one of the members of the judges, prosecutors, advocates, or Registrar.
(4) the Chairman of the Tribunal, judge, Prosecutor, Member or the Registrar is obliged to resign from the Council if the blood family relations or bound semenda to the third degree of relationship, or husband or wife despite having been divorced with parties on trial or advocates.
(5) a judge or the Registrar is obliged to resign from the Council if he has a direct or indirect interest with things being examined, either upon his own or at the request of party litigants.

(6) in the event of breach of the provisions referred to in subsection (5), the verdict was declared invalid and against a judge or clerk of the corresponding administrative sanction imposed or are convicted in accordance with the provisions of the legislation.
(7) Matters referred to in subsection (5) and paragraph (6) checked back with the order of the Tribunal judges are different.
CHAPTER III the PERPETRATOR is considered part of the General JUDICIAL POWER Article 18 Powers of justice done by a Supreme Court and judicial bodies that are underneath it in an environment of public justice, environmental justice, environmental justice, environmental justice, and the country by a Constitutional Court.

Article 19 the judge and justice of the Constitution is State officials who conducted the judicial authority is regulated in the Act.

The second part of the Supreme Court and the Judiciary under article 20 (1) of the Supreme Court is the highest State Court of the judiciary in the fourth judicial environment as referred to in article 18. (2) the Supreme Court is authorized to: a. the judge on the level of Cassation against verdicts are given on the last level by courts in all environments of the judiciary under the Supreme Court, unless the Statute otherwise;
b. testing and regulations under the Act against the law; and c. other authorities given laws.
(3) the ruling regarding not legitimately legislation as a result of the testing referred to in paragraph (2) letter b can be taken both on the level of examination related to cassation or petition is based directly on the Supreme Court.
Article 21 (1) Organization, administration, and financial Supreme Court and judicial bodies that are under it are under the authority of the Supreme Court.
(2) provisions on the Organization, administrative, financial and judicial bodies as referred to in subsection (1) for each environment of the judiciary provided for in the legislation in accordance with the specificities of the respective judicial environment.
Section 22 (1) the Supreme Court may give information, considerations, and legal advice to State agencies and Government institutions.
(2) provisions on the giving of information, considerations, and legal advice to State agencies and Government institutions set forth in the Act.
Article 23 the Court ruling can be appealed in cassation to the Supreme Court requested by the parties concerned, unless the law determines otherwise.

Article 24 (1) against a court decision which has acquired permanent legal force, the parties concerned may submit a review to the Supreme Court, if there is a thing or certain circumstances specified in the Act.
(2) against the decision of a review can't be done review.
Article 25 (1) the judicial Bodies which are under the Supreme Court include justice in an environment of public justice, religious courts, the military, the judiciary and the State judiciary.
(2) General Judicial as referred to in subsection (1) is authorized to inspect, judge, and break the criminal and civil liability in accordance with the provisions of the legislation.
(3) religious courts referred to in subsection (1) is authorized to inspect, judge, lawsuit, and complete disconnect between people who are Muslim in accordance with the provisions of the legislation.
(4) Military Justice as referred to in subsection (1) is authorized to inspect, judge, and break things military criminal offence in accordance with the provisions of the legislation.
(5) the State of the Judiciary referred to in subsection (1) is authorized to inspect, judge, disconnected, and the State resolve disputes in accordance with the provisions of the legislation.
Article 26 (1) a ruling of the Court of first instance may appeal to the High Court requested by the parties concerned, unless the law determines otherwise.
(2) the ruling of the Court of first instance, which does not constitute exemption from charges or verdicts from all lawsuits, may appeal to the High Court requested by the parties concerned, unless the Statute otherwise article 27 (1) the Special Court can only be formed in one of the neighborhoods of the judiciary under the Supreme Court referred to in Article 25.
(2) the provisions concerning the establishment of a Special Court as intended in paragraph (1) is set out in the Act.
Article 28 Composition, authority, and law of the Supreme Court and the judicial bodies are underneath as stipulated in article 25 is set out in the Act.

The third part of the Constitutional Court of article 29 (1) the Constitutional Court is authorized to adjudicate on the first and last level that an award is final for: a. testing legislation against the Constitution of the Republic of Indonesia in 1945;
b. disconnect the disputes that its State agencies the authority granted by the Constitution of the Republic of Indonesia in 1945; c. disconnect the dissolution of political parties;

d. disconnect the disputes about election results; and e. any other authority provided by the Act.
(2) in addition to the powers referred to in subsection (1), required to provide constitutional court verdict over the opinion of the House of representatives that the President and/or Vice President is alleged to have committed violations of the law in the form of treason against the State, corruption, bribery, other heavy criminal acts or conduct reprehensible, and/or no longer qualify as the President and/or Vice President.
(3) the order, power and the law of the Constitutional Court referred to in subsection (1) is set by statute.
(4) Organization, administration, and financial Constitutional Court was under the power and authority of the Constitutional Court.
CHAPTER IV the APPOINTMENT and DISMISSAL of JUDGES and JUSTICES of the CONSTITUTIONAL Part is considered the appointment of Justices and judges of the Constitution of article 30 (1) the appointment of Chief Justice comes from the judge's career and nonkarier.
(2) the appointment of Chief Justice referred to in subsection (1) is elected by the House of representatives of the candidates proposed by the Judicial Commission.
(3) the provisions concerning the terms and procedures for the appointment of Chief Justice as referred to in paragraph (1) and paragraph (2) provided for in the Act.
Article 31 (1) a judge of the Court under the Supreme Court represents the State officials who exercise the powers of the judiciary in the judiciary under the Supreme Court.
(2) a judge referred to in subsection (1) may not be used, unless the law determines otherwise.
Article 32 (1) a judge ad hoc Special Court can be removed to inspect, judge, and break things that requires expertise and experience in a particular field within a certain period.
(2) provisions on the terms and procedures for the appointment and dismissal of judges ad hoc referred to in subsection (1) is set out in the Act.
Article 33 To be appointed as a judge of the Constitution, a person must be qualified as follows: a. have integrity and personality which is not reprehensible;

b. fair; and c. the statesman who ruled the Constitution and attempt.

Article 34 (1) of the Constitution a judge asked each of the three (3) person by the Supreme Court, three (3) person by the House of representatives, and three (3) person by the President.
(2) the nomination of the judges of the Constitution referred to in subsection (1) is carried out in a transparent and participatory.
(3) the election of the judges of the Constitution referred to in subsection (1) is carried out objectively and accountable.
Article 35 the provisions regarding the terms and procedures for the appointment of Judges of the Constitution are regulated by law.

The second part of the dismissal of judges and justices of the Constitutional Article 36 Judges and judges can be dismissed if the Constitution has met the requirements specified in the Act.

Section 37 of the Ordinance provisions on dismissal of judge and justice of the Constitution set forth in the Act.

Chapter V other agencies WHOSE FUNCTIONS are RELATED to the POWER of JUSTICE Article 38 (1) in addition to the Supreme Court and the judicial bodies underneath it as well as the Constitutional Court, there are other agencies that its functions related to the control of Justice.
(2) the functions relating to the powers of the judiciary referred to in subsection (1) include the following: a. investigation and investigation;

a. the prosecution;

b. implementation of the verdict;

c. the granting of legal services; and d. the dispute out of court.
(3) the provisions concerning other agencies that function with regard to the powers of the judiciary provided for in the Act.
CHAPTER VI SUPERVISORY JUDGE and JUDGE of the CONSTITUTION of Article 39 (1) highest Supervision towards the Organization of the judiciary in all judicial bodies that are under the Supreme Court's judicial power in performed by the Supreme Court.
(2) in addition to the supervision referred to in subsection (1), the Supreme Court did the Supreme supervision towards the implementation of the administrative and financial tasks.
(3) the internal Supervision over the conduct of judges is done by the Supreme Court.
(4) Supervision and authority as referred to in paragraph (1), subsection (2), and subsection (3) shall not reduce the freedom of Judges in check and break things.
Article 40 (1) in order to safeguard and uphold the honour, dignity, and the notability of the behavior of external supervision of judges by the judicial Commission.
(2) in conducting the surveillance referred to in paragraph (1), the judicial Commission has a duty to conduct surveillance against the behavior of judges based on the code of ethics and Conduct of judges.
Article 41 (1) in carrying out the scrutiny referred to in Article 39 and article 40, the judicial Commission and/or the Supreme Court is obliged:

a. comply with norms and regulations;

b. based on the code of ethics and Conduct of judges; and c. maintain the confidentiality of information or the information obtained.
(2) the execution of the tasks referred to in paragraph (1) shall not reduce the freedom of judges in check and break things.
(3) code of ethics and Conduct of the judge referred to in subsection (1) letter b defined by Judicial Commission and the Supreme Court.
(4) Provisions regarding the supervision referred to in Article 39 and article 40 provided for in the Act.
Article 42 in keeping and enforcing the honor, the dignity, and the notability of the conduct of judges, the judicial Commission can analyze the Court ruling which has acquired permanent legal force as the basis for the recommendation to perform mutations of the judge.

Article 43 the judge who allegedly have committed a violation of the code of ethics and Conduct of judges review by the Supreme Court and/or Judicial Commission.

Article 44 (1) the supervision conducted by the Constitution Tribunal judges Honor Justice of the Constitution.
(2) Supervision as referred to in subsection (1) is set by statute.
CHAPTER VII JUDICIAL OFFICERS other than judges, Article 45 on the Supreme Court and the judicial bodies underneath it can be appointed clerk, Secretary, interpreter and/or sita.

Article 46 the Court Clerk shall not concurrently be: a. the judge;

b. the trustee;

c. pengampu;

d. advocate; and/or e. other judicial officials.

Article 47 Provisions regarding the appointment and dismissal of the Registrar, the Secretary, and sita and the duties and functions set forth in the Act.

CHAPTER VIII GUARANTEES the SECURITY and WELL-BEING of JUDGES Article 48 (1) guarantee the security and well-being of judges and judges of the Constitution in the exercise of duties and responsibilities of the Organization of the judicial power.
(2) Guarantee the security and well-being of judges and judges of the Constitution referred to in subsection (1) is set in accordance with the provisions of the legislation.
Article 49 (1) ad hoc Judges in the exercise of duties and responsibilities of the Organization of the judicial power are given special allowances.
(2) special Allowance referred to in subsection (1) is set in accordance with the provisions of the legislation.
CHAPTER IX the COURT RULING of article 50 (1) in addition to the Court ruling shall contain the reason and basis of the verdict, also contains a specific article from the specified legislation or an unwritten law of the sources relied upon to adjudicate.
(2) Every court decision must be signed by the Chairman and judges of the disconnected and clerks who participated in session.
Article 51 the determination, provisional meeting overview, and news of the proceedings the hearing signed by the presiding judge and clerk of the Council.

Article 52 (1) of the courts required to provide access to the public to obtain information relating to fees and the verdict in the trial proceedings.
(2) the Court is obligated to deliver a copy of the ruling to the parties within the period determined by the legislation.
(3) in criminal cases, ruling other than as referred to in paragraph (2) is submitted to the agencies associated with the implementation of the verdict.
Article 53 (1) in checking and break things, the judge responsible for the determination and decision he had made.
(2) the determination and decision referred to in subsection (1) shall contain the legal considerations the judge based on the reasons and legal basis that is right and true.
CHAPTER X IMPLEMENTATION of the RULING of the COURT of article 54 (1) the implementation of court rulings in criminal cases conducted by prosecutors.
(2) the implementation of court rulings in civil litigation conducted by the clerk and interpreter of sita is led by the Chairman of the Court.
(3) the Court ruling was implemented by considering human values and justice.
Article 55 (1) the Chairman of the Court is obliged to supervise the execution of the Court decision which has acquired the force of law.
(2) the supervision of the execution of the Court decision referred to in subsection (1) is carried out in accordance with the legislation.
LEGAL AID CHAPTER XI of article 56 (1) every person who snagged the matter entitled legal aid.

(2) Countries bear the costs of litigation for seekers of Justice who couldn't afford it.

Article 57 (1) on any State Court established the post of legal aid to justice-seekers who are unable to obtain legal aid.
(2) legal aid as referred to in paragraph (1), given free of charge at all levels of the judiciary until the verdict against the matter has gained legal force anyway.
(3) legal aid and legal assistance as referred to in paragraph (1) was carried out in accordance with the provisions of the regulation militate in crustaceans.
CHAPTER XII SETTLEMENT of DISPUTES OUT of COURT dispute resolution Attempt Article 58 of the civil code can be done outside the State Court through arbitration or alternative dispute resolution.

Article 59 (1) of the arbitration is a dispute resolution ways civil suits out of court based on the arbitration agreement made in writing by the parties in dispute.
(2) the arbitral award shall be final and have the force of law and binding on the parties.
(3) if the parties do not comply voluntarily, the arbitration award shall be carried out on the orders of the Chairman the District Court upon petition of either party to the dispute.
Article 60 (1) alternative dispute resolution the dispute resolution institution or difference of opinion through procedures agreed by the parties, i.e. the settlement out of court by way of consultation, negotiation, mediation, conciliation, or expert judgement.
(2) resolution of disputes through alternative dispute resolution referred to in subsection (1) results poured in a written agreement.
(3) a written Agreement referred to in subsection (2) is final and binding on the parties to be implemented in good faith.
Article 61 provisions on arbitration and dispute resolution outside the courts as stipulated in article 58, article 59, Article 60 and set forth in the Act.

CHAPTER XIII CLOSING PROVISIONS Article 62 at the time of this Act applies, Act No. 4 of 2004 about the Power of Justice (State Gazette of the Republic of Indonesia No. 8 in 2004, an additional Sheet of the Republic of Indonesia Number 4358) revoked and declared inapplicable.

Article 63 at the time this law comes into force, all the provisions of the regulation implementation is related to the powers of the judiciary expressed still remains valid along does not conflict with this Act.

Article 64 of this Act comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

Ratified in Jakarta on October 29, 2009 the PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on October 29, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY PATRIALIS AKBAR RI No. 5076 (explanation of the 2009 State Gazette Number 157) EXPLANATION for the law of the Republic of INDONESIA NUMBER 48 in 2009 ABOUT the POWER of JUSTICE i. GENERAL the Constitution of the Republic of Indonesia in 1945 confirms that Indonesia is a State of law. In line with the provisions of the then one important principle of State of law is the guarantee of the Organization of the judicial power is independent, free from the influence of other powers to the judiciary in order to enforce the law and justice. Article 24 paragraph (1) of the Constitution of the Republic of Indonesia in 1945 asserts that judicial power is an independent power to conduct trials in order to enforce the law and justice.
Changes to the Constitution of the Republic of Indonesia in 1945 has brought changes in life's attempt, in particular in the implementation of the powers of the judiciary. These changes, among others, asserted that:-the power of Justice is exercised by the Supreme Court and a judiciary that is underneath the judicial environment in General, environmental justice neighborhood religious courts, the military, the judiciary of the State of the environment, and by a Constitutional Court.
-The Supreme Court is authorized to adjudicate on the level of Cassation, test regulations under the Act against the law, and the other has the authority granted by the Act.
-The Constitutional Court is authorized to examine legislation against the Constitution of the Republic of Indonesia in 1945 and the severing of disputes the authority of State institutions that those powers given by the Constitution of the Republic of Indonesia in 1945.
-Commission on judicial authorities proposed the appointment of Chief Justice and the other has the authority in order to safeguard and uphold the honour, dignity, and the notability of the judge's behavior.
Basically the Act No. 4 of 2004 concerning the powers of the Judiciary were in accordance with the changes of the Constitution of the Republic of Indonesia in 1945 at the top, but the substance of the legislation has not yet been set up in a comprehensive manner on the Organization of the powers of the judiciary, which is an independent authority that is exercised by the Supreme Court and a judiciary that is underneath the judicial environment in General, environmental justice neighborhood religious courts, military environmental justice, the State, and by a Constitutional Court, to uphold justice for the law and justice.

In addition to the settings in a comprehensive manner, the Act is also to meet the constitutional court verdict Number 005/PUU/2006, which is one of the amarnya has canceled the Article 34 of the Act No. 4 of 2004 concerning the powers of the Judiciary. The ruling of the Constitutional Court also cancelled the provisions related to the supervision of the judge in the Act No. 22 of 2004 about the judicial Commission.
With respect to such matters, as an effort to strengthen the Organization of the powers of the judiciary and realize integrated justice system (integrated justice system), then the Act No. 4 of 2004 concerning the powers of the Judiciary as the basis for the Organization of the powers of the judiciary need to be replaced.
The important things in this law include the following: a. Mereformulasi systematics Act No. 4 of 2004 about the Power of Justice associated with settings comprehensively in this legislation, such as the existence of a separate chapter on the basis of the Organization of the judicial power.
b. General settings regarding the supervision of judges and judges of the Constitution in accordance with the regulations and the code of ethics and Conduct of judges.
c. General arrangements regarding the appointment and dismissal of judges and justices of the Constitution.
d. Arrangements regarding the Special Tribunal which has the authority to inspect, judge and disconnected certain things that can only be formed in one of environmental justice under the Supreme Court.
e. the settings regarding the ad hoc judges are temporary and have expertise and experience in a specific area to inspect, judge, and disconnect a matter.
f. General settings regarding arbitration and alternative dispute resolution outside the courts.
g. General settings regarding legal assistance for those who can't afford justice seekers and arrangements regarding legal aid post at each court.
h. General settings regarding the guarantee of the safety and well-being of judges and justices of the Constitution.

II. For the SAKE of ARTICLE ARTICLE article 1 is pretty clear.

Article 2 paragraph (1) of the judiciary exercised "for the SAKE of FAIRNESS UPON the DIVINITY of the ONE TRUE GOD" is in accordance with article 29 of the Constitution of the Republic of Indonesia in 1945 who determines that a State based upon the divinity of the one true God and the State guarantees the independence of each population to embrace his religion and to worship according to his religion and beliefs were. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) does "simple" is the examination and settlement of the matter carried out by way of efficiently and effectively.

The definition of "small fee" means the fees that can be reached by the community.

However, the principle is simple, fast, and lightweight in the examination and settlement of the matter in the courts did not rule out the thoroughness and accuracy in the search for truth and justice.

Article 3 paragraph (1) the definition of "judicial independence" is free from outside interference and free from any form of pressure, either physical or psychic. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 4 is quite clear.

Article 5 paragraph (1) this provision was intended to the verdict of the judge and justice of the Constitution in accordance with the law and the community's sense of fairness. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 6 is quite clear.

Article 7 is a "legitimate power" is the authorized law enforcement investigations and investigation based on law. In the process of investigation and investigation included also in it intercepts.

Article 8 paragraph (1) is quite clear. Paragraph (2) in determining the weight of a criminal ringannya be dropped, the judge is obligated to pay attention to the nature of the good or the evil nature of the defendant so that the verdicts meted out appropriate and fair with the mistakes he does.

Article 9 paragraph (1) the definition of "rehabilitation" is the restoration of the rights of a person on the basis of the Court ruling on the original position concerning honour, good name, or other rights. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 10 is quite clear.

Article 11 is quite clear.

Article 12 the provisions of subsection (1) applies to the Court of first instance. Subsection (2) is quite clear.

Chapter 13 is quite clear.

Article 14 is quite clear.

Article 15 Mutual assistance conducted among others in terms of the administration of the docket, an inventory of the Court ruling and the use of human resources.

Article 16 is "in certain circumstances" is seen from the point of heavy losses caused by the criminal offence. If the point of weight loss lies in the interests of the military, the case was tried by a military court in the judicial environment, however if the loss weight point lies in the public interest, then the case shall be tried by the courts in the judicial environment.

Article 17 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear. Subsection (5) the definition of "direct or indirect interests" is included when the judge or clerk or other parties never handle the matter or the case had ever been associated with the job or position in question before. Subsection (6) is quite clear. Paragraph (7) is a "different" in this provision is the judge is not bound by the provisions in paragraph (5).

Article 18 is quite clear.

Article 19 is quite clear.

Article 20 paragraph (1) is quite clear. Paragraph (2) letter a is quite clear. Letter b this provision governing the right of the test the Supreme Court against the regulations of the Act. The right test can be done either against the charge of matter paragraph, chapter, or part of the legislation that is contrary to the higher legislation as well as the formation of legislation. The letter c is quite clear. Paragraph (3) is quite clear.

Clause 21 is quite clear.

Section 22 is quite clear.

Article 23 is quite clear.

Article 24 paragraph (1) the definition "or circumstances" include the discovery of new evidence (novum) and/or the presence of kekhilafan or fallacy of judges in applying paragraph (2) the law is quite clear.

Article 25 is quite clear.

Article 26 is quite clear.

Article 27 paragraph (1) the definition of "special courts", among others, is the juvenile court, the Court of Commerce, the Court of human rights, the Court of the crime of corruption, industrial relations court and the Court of fisheries that are on public trial environment, as well as the Tax Court who are in State administrative judicial environment. Subsection (2) is quite clear.

Article 28 is quite clear.

Article 29 paragraph (1) letter a is quite clear. The letter b is quite clear. The letter c is quite clear. The letter d is quite clear. The letter e In this provision includes the authority to inspect, and break the regional head election result disputes in accordance with the provisions of the legislation. Subsection (2) is quite clear. Paragraph (3) is quite clear. Subsection (4) is quite clear.

Article 30 paragraph (1) the definition "judge career" is the judge who is active as a judge in the judicial bodies which are under the Supreme Court are nominated by the Supreme Court.

What is meant by "judge nonkarier" was a judge from outside the environment of the judiciary. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 31 paragraph (1) is quite clear. Subsection (2) does "remaining term of" among other things: a. the trustee, and the official, pengampu relates to a matter which is examined by him; b. employers; and c. advocates.

In the event the judge who doubles as entrepreneurs, among others, the judge who doubles as Director of the company, became a shareholder of the company or hold other trade efforts.

Article 32 paragraph (1) the definition "particular period" is temporary compliance with the provisions of the legislation.

The purpose of the lifting of the judge adhoc was to help the settlement of matters requiring special skills such as banking crimes, tax crimes, corruption, children, industrial relations disputes, telematics (cyber crime). Subsection (2) is quite clear.

Article 33 is quite clear.

Article 34 is quite clear.

Article 35 is quite clear.

Article 36 is quite clear.

Article 37 is clear enough.

Article 38 paragraph (1) the definition of "other agencies" include police, prosecutors, advocates, and correctional institutions. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 39 paragraph (1) the definition of "highest scrutiny" is covering the internal supervision of the Supreme Court against all the judicial bodies. Subsection (2) is quite clear. Paragraph (3) is quite clear. Paragraph (4) of article 40 is pretty obvious is quite clear.

Article 41 is quite clear.

Article 42 is a "mutation" in this provision also includes the promotion and demosi.

Article 43 is quite clear.

Article 44 is quite clear.

Article 45 is quite clear.

Article 46 the letter a is quite clear. The letter b is quite clear. The letter c is quite clear. The letter d is quite clear. The letter e is meant by "other judicial officials" is the Secretary, Deputy Secretary, Deputy Clerk, clerk of the surrogate, the surrogate, the sita of sita, and officials of other structural.

Article 47 is quite clear.

Article 48 paragraph (1) the definition "guarantee security in carrying out its duties" is the judge and judge of the Constitution granted a security interest in the care of the attending and presiding the trial. Judge and justice of the Constitution must be given security protection by related authorities i.e. the police so that the judge and the judge is able to check the Constitution, adjudicate and disconnect things properly without any pressure or intervention from any party. Guarantee of well-being includes base salary, benefits, cost of service, and retirement as well as other rights in accordance with the legislation. Subsection (2) is quite clear.

Article 49 is quite clear.

Article 50 is quite clear.

Article 51 is clear enough.

Article 52 paragraph (1) is quite clear. Subsection (2) is quite clear. Paragraph (3)

The definition of "related agencies" among other correctional facility, home arrest, and prosecutors.

In the event a copy of the verdict is not delivered, the Chairman of the concerned court administrative penalties in the form of a written rebuke from the Chairman of the Supreme Court.

Article 53 is quite clear.

Article 54 is quite clear.

Article 55 is quite clear.

Section 56 subsection (1) the definition of "legal aid" is the granting of legal services (free of charge) which includes the granting of legal consultancy, running power, represents, to accompany, defend, conduct other proceedings in the interest of Justice seekers (who cannot afford). Subsection (2) does "Justice seekers who can't afford" is an individual person or a group of people who are economically incapable of requiring legal services to address and resolve the legal issues.

Article 57 is quite clear.

Article 58 is quite clear.

Article 59 paragraph (1) the definition of "arbitration" in this provision also included Sharia arbitration. Subsection (2) is quite clear. Paragraph (3) is quite clear.

Article 60 sufficiently clear.

Article 61 is quite clear.

Article 62 is quite clear.

Article 63 is quite clear.

Article 64 is quite clear. fnFooter ();