SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 77, 1986 | (ADMINISTRATION. JUSTICE. CIVIL SERVANTS. Aparatur. Citizens. ) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 5 YEAR 1986
ABOUT
JUSTICE OF THE STATE ENDEAVOUR
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the country of the Republic of Indonesia as a legal state based on Pancasila and the Constitution of the Constitution of 1945 aims to realize the life of the country and a prosperous nation, safe, calm, and orderly, which guarantees the equality of citizens. The public in the law, and the one that guarantees the best, balanced, balanced, and harmonized relationships between the apparatus in the field of the State of Enterprises with the citizens;
., b. That in the process of this life of life, by way of the gradual way of independence through national development, it was ushered in to build, perfect, and to be crucified in the area of the State Tata, in order to become a device that would be a tool. Efficient, effective, clean, and authoring, and that in carrying out its duties is always based on the laws of the spirit and the attitude of devotion to society;
., c. that although the national development is about to create a condition so that every citizen can enjoy the atmosphere and climate of order and certainty of the law that is indecisive justice, in its implementation there is a possibility arise. clash of interests, disputes, or disputes between the Agency or the State of the State Governing Body with citizens who can harm or hinder the course of national development;
., d. that to resolve the dispute is necessary for the Justice of the State Enterprise Justice which is able to uphold justice, truth, order, and legal certainty, so that it may provide a derlation to the public, especially in the relationship between State governing body or officials with the public;
., e. that in respect of such consideration, and in accordance with the Law Number 14 of the Year 1970 on the provisions of the Code of Power of Justice, it needs to be established by the Law on the Judicial Fair. Country:
.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), Section 24, and Section 25 of the Basic Law of 1945;
., 2. The Decree of the People's Consultative Assembly of the Republic of Indonesia Number IV/MPR/1978 is connected with the Decree of the People's Consultative Assembly of the Republic of Indonesia Number II/MPR/1983 on the Great Lines of the Country's bow;
., 3. Law Number 14 of the Year 1970 on the provisions of the Underlying Powers Of Justice (letter Of State Of 1970 Number 74, Additional Sheet Of State Number 2951);
., 4. Law No. 14 Year 1985 on Supreme Court (State Sheet 1985 Number 73, Additional Gazette State Number 3316);
With Approval
The House of Representatives of the Republic of Indonesia
DECIDED:
Establish: LEGISLATION ON THE STATE ' S GOVERNANCE JUDICIARY.
BAB I
UMUM PROVISIONS
The First Part
Understanding
Section 1
In this Act referred to:
., 1. The State Governance is the State Administration that carries out functions to host government affairs both at the center and in the area;
., 2. A Entity ID is an entity or entity that execues a government business under applicable law.
., 3. A State Governance Decision is a written assignment issued by the State Board of Work (s) that contain the legal actions of the Country Enterprise under applicable laws, which are concrete, individual, and final, which pose as a result of the law for a person or a civil legal entity;
., 4. A dispute over the State of the Country is a dispute arising in the field of State Enterprises between people or the legal entity of the data with the Agency or State Governing Officials, both at the center and in the area, as a result of the issuer decision of the Business. Country, including non-employment disputes under applicable laws;
. .5. A lawsuit is a plea that contains charges against the Agency or the State of the State Governing Body and is submitted to the Court to obtain a ruling;
., 6. A defendant is a State Entity or Entity who issues a decision based on the authority that is on him or which is devolve to it, which is sued by the person or the legal entity of the data;
., 7. A court is a court of the State of the State and/or the High Court of the State of the State in the Judicial Environment of the State Order.
., 8. The judge is the Judge of the State of the Court of State and/or Judge on the High Court of State of the State.
Section 2
Not included in the Order of the Country Enterprise Decision according to this Act:
a. The State Governance Decision which is the work of the civil law;
B. A State Governance Decision which is a common setting;
C. The State Efforts Decision which still requires approval;
., d. Decisions of State Governance are issued under the provisions of the Code of Criminal Law or the Law of the Criminal Proceed Law or other laws of the criminal law;
., e. Decisions of State Governance are issued on the basis of the results of the judicial body examination under applicable law provisions;
., f. Decision of State Governance regarding the efforts of the Armed Forces of the Republic of Indonesia;
., g. The decision of the Election Committee, both in the center and in the area, regarding the results of the general election.
Section 3
.,, (1) If the Agency or the State of the State Governing Entity does not issue a decision, while it is its duty, it is equated with the State Effort Decision.
.,, (2) If any State of the Agency or Service Officer does not issue a predetermined decision, while the term as determined by the laws of the Law is passed by, then the Agency or the State Governance Officer is considered to have refused to issue the intended decision.
.,, (3) In the case of the laws of the law does not specify the term as referred to in paragraph (2), then after the passage of four months from the publication of the request, the Agency or the State of the State of the Effort. is considered to have issued a rejection decision.
The Second Part
The position
Section 4
The Court of State Governance is one of the executors of justice for the people of justice for the dispute over the State Effort.
Section 5
.,, (1) The judiciary ' s power in the Judicial Environment of the State Tata Enterprises is exercised by:
., a., a. State Court Order Trial;
B. High Court of State Tata Enterprises.
.,, (2) The judiciary ' s power in the Judicial Environment of the State Tata Enterprises culminates in the Supreme Court as the Supreme Court of State.
The Third Part
The Position Place
Section 6
.,, (1) The Court of State Governance is based in the municipality or county capital, and its legal area includes a municipality or county area.
.,, (2) The High Court of State Tata Enterprises is based in the propinsi capital, and its legal area includes the province of the province.
The Fourth Part
Coaching
Section 7
(1) Judicial technical coaching for the Court is conducted by the Supreme Court.
.,, (2) The organization ' s coaching, administration, and financial services are conducted by the Department of Justice.
.,, (3) The coaching as referred to in paragraph (1) and paragraph (2) should not reduce Judge ' s freedom in examining and severing the State Efforts Dispute.
BAB II
COURT ARRANGEMENT
The First Part
Common
Section 8
The court consists of:
a. Court of State Governance, which is the first level trial;
., b. The High Court of State Order, which is the appellate court of appeal.
Section 9
The State Court Order Tribunal is set up with the Presidential Decree.
Section 10
The High Court of State Governance is set up by law.
Section 11
.,, (1) Susunan of the Court consists of the Chairman, Member Judge, Panitera, and the Secretary.
(2) The Chair of the Court is composed of a Chairman and a Vice Chairman.
.,, (3) The judge of the member on the High Court of State Effort is the High Judge.
The Second Part
Chairman, Vice Chairman, Judge, and Panitera Court
Paragraph 1
Chairman, Vice Chairman, and Judge
Section 12
(1) The judge is the official who carries out the task of power of justice.
., (2) The terms and conditions of the appointment, dismissal, as well as the execution of the Judge ' s duties are set forth in this Act.
Section 13
.,, (1) The coaching and general supervision of the Judge as a civil servant, is carried out by the Minister of Justice.
.,, (2) The coaching and supervision as referred to in paragraph (1), should not reduce Judge ' s freedom in examining and severing the State Efforts Dispute.
Section 14
.,, (1) To be able to be appointed to Judge on the State Tata Court, a candidate must meet the following terms:
., a., a. nationals of Indonesia;
B. Put your trust in the Almighty God;
c. faithful to Pancasila and the Basic Law of 1945;
., d. Not a former member of the outlawed organization of the Communist Party of Indonesia, including its mass organization or not someone directly or indirectly involved in the "G. 30.S/PKI Revolutionary Movement" or any other prohibited organization;
e. civil servants;
., f. legal scholar or other scholar who has expertise in the field of State Planning;
G. Low-time low-lived twenty-five years;
h. Fair, honest, fair, and unreprehenable conduct.
.,, (2) To be able to be appointed as Chairman or Vice Chairman of the State Order Court required the experience of at least ten years as a Judge on the State Tata Court.
Section 15
.,, (1) To be able to be appointed to Judge on the High Court of State Tata Enterprises, a candidate must meet the following terms:
.,
., a., a. terms as defined in Section 14 of the paragraph (1), the letter b, the letter c, the letter d, the letter e, the letter f, and the letter h;
B. long-lived forty years old;
., c. experienced at least five years as the Chairman or Vice Chairman of the State Administrative Courts, or at least fifteen years as a Judge on the State Court of Business.
.,, (2) To be able to be appointed Chair of the High Court of the State Order required the experience of at least ten years as a Judge on the High Court of the State of the State or at least five years for the Judge on the Court The Height Of The State Enterprises once served as the Chief Justice of the State System.
.,, (3) To be able to be appointed Vice Chairman of the High Court of State Effort required the experience of at least eight years as a Judge on the High Court of State of the State or at least three years for the Judge on The Supreme Court of State of the State that once served as the Chief Justice of the State Order.
Section 16
.,, (1) The Judge is appointed and dismissed by the President as the Head of State on the proposal of the Minister of Justice under the approval of the Chief Justice.
.,, (2) The Chairman and Vice Chairman of the Court were appointed and dismissed by the Minister of Justice based on the approval of the Chief Justice.
Section 17
.,, (1) Before my appointment of office, Chairman, Vice Chairman, and Judge of the Court shall be required to swear or promise according to religion or trust; the oath of oath or promise is as follows:
.,, "I swear/promise in earnest that I am to obtain my post this, direct or indirect, by using any name or any way too, not giving or promising anything to anyone as well".
"I swear/promise that I, to do or do not do something in this office, will not be immediately accepted directly or indirectly from anyone also a promise or a grant".
" I swear/promise that I will be faithful to and will maintain and observe Pancasila as the nation's view of life, the foundation of the country, and the national ideology:
The Basic Law of 1945, and all legislation, as well as other regulations that apply to the country of the Republic of Indonesia ".
I vow that I will keep my office honest, careful and undifferentiated, and will prevail in carrying out my obligations this is as well and as fair as it is for you. A good and honest Chief/Vice Chairman/Chief Justice in upholding the law and justice ".
.,, (2) Vice Chairman and Judge on the State Tata Court taken oath or promise by the Speaker of the State Tata Courts.
.,, (3) Vice Chairman and Judge on the High Court of State Enterprises As Well As The Chairman Of The State Order Tribunal was taken oath or promise by the Chairman of the High Court of State Tata Enterprises.
.,, (4) The Chairman of the High Court of State Order was taken oath or his promise by the Chief Justice.
Section 18
.,, (1) The Cual is either touched by or under the law, the Judge should not be confused to:
., a., a. trial of the court ruling;
., b. The guardian of the best, and the official with regard to the matter which he is given;
C. Businessman.
(2) The judge should not be caught up to legal counsel.
.,, (3) A position that the Judge should not be arrested in addition to the post as referred to in paragraph (1) and paragraph (2) is further set up with the Government Regulation.
Section 19
.,, (1) Chairman, Vice Chairman, and Judge dismissed with respect from his post because:
., a., a. the request itself;
B. Physical or spiritual pain continually continually;
., c. has been sixty years old for the Chairman, Vice Chairman, and Judge on the Court of State of the State and sixty-three years for the Chairman, Vice Chairman, and Judge on the High Court of State Tata Enterprises;
D. It's not a good thing to do it
., (2) The Chairman, Vice Chairman, and the Judge who died by themselves were honed with respect from office by the President as Head of State.
Section 20
.,, (1) Chairman, Vice Chairman, and Judge dismissed not with respect from his post with reason:
., a., a. Convicted of guilty of felony criminal conduct;
B. doing despicable deeds;
c. continuously labeling a liability in the running of its job duties;
D. breaking the oath or appointment of the post;
e. violates the prohibition as referred to in Article 18.
.,, (2) The dismissal of the dismissal is not with respect for the reason referred to in verse (1) the letter b until the letter e is done after the concerned is given the opportunity to defend itself before the Honorary Assembly of Judges.
.,, (3) The formation, arrangement, and order of the Honorary Assembly of the Judges as well as the manner of self-defense is set by the Chief Justice together with the Minister of Justice.
Section 21
A Judge who was dismissed from his post does not by itself be dismissed as a civil servant.
Section 22
.,, (1) Chairman, Vice Chairman, and Judge before being discharged not with respect as referred to in Article 20 paragraph (1), may be temporarily dismissed from his post by the President as Head of State on the proposal of the Minister of Justice based on The Chief Justice's approval.
.,, (2) Against the proposed temporary dismissal as referred to in paragraph (1), applies also provisions as referred to in Article 20 of the paragraph (2).
Section 23
.,, (1) If against a Judge there is an arrest warrant that is followed by detention, in itself the Judge is dismissed temporarily from his post.
.,, (2) If a Judge is prosecuted in advance of the Criminal Court in a criminal case as referred to in Article 21 paragraph (4) of the Law No. 8 of the Year 1981 on the Law of the Criminal Event without being held, then he may be temporarily dismissed from His office
Section 24
Further provisions on the manner of deference are respectfully, disrespectfully, and temporary disobedience, as well as the rights of the officials against whom the dismissal is imposed, are governed by the Government Regulation.
Section 25
(1) The Occupation of the Judge protocol is governed by the Presidential Decree.
.,, (2) Other improvements and conditions for the Chairman, Vice Chairman, and Judges are governed by the Presidential Decree.
Section 26
.,, (1) Chairman, Vice Chairman, and Judge may be arrested or detained only on the orders of the Attorney General after receiving approval from the Chief Justice and the Minister of Justice.
(2) In terms of:
., a., a. caught hand committing a felony felony, or
., b. The disnumeral has committed criminal acts of crime being threatened with a death criminal, or
., c. disnumeral has committed criminal crimes against state security.
The Chairman, Vice Chairman, and Judge may be arrested without command and consent as referred to in paragraph (1).
Paragraph 2
The panitera
Section 27
.,, (1) On each Court is set to be an overheating led by a Panitera.
.,, (2) In carrying out his duties Panitera The Court was assisted by a Deputy Panitera, several young Panitera people, and some Panitera Penitages.
Section 28
To be able to be elevated to the Panitera of the State Administrative Court, a candidate must meet the following terms:
a. nationals of Indonesia;
B. Put your trust in the Almighty God;
c. faithful to Pancasila and the Basic Law of 1945;
D. The low-deposit of a young scholar's law;
., e. Experienced at least four years as Vice Panitera or seven years as the Young Panitera Pengaditan Tata Enterprises, or serving as Deputy Panitera Panginjustice High Court of State Enterprises.
Section 29
To be elevated to the Panitera High Court of the State Tata Business, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, and letter c
B. berijdiplomal law;
., c. experienced at least four years as Deputy Panitera or eight years as the Young Panitera High Court of State Tata Enterprises, or four years as the Panitera Courts of State Tata Business.
Section 30
To be elevated to the Deputy Panitera of the State Administrative Courts, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, letter c, and letter d;
., b. Experienced at least four years as a Young Panitera or six years as the Panitera of the State Order of the Courts of State.
Section 31
To be able to be appointed Deputy Panitera High Court of State Tata Enterprises, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, and letter c
B. berijdiplomal law;
.,, c. experienced at least four years as a Young Panitera or seven years as a Panitera for the High Court of the High Court of State or four years as the Deputy Panitera of the State Administrative Courts of State, or serving as a The Panitera of the State Administrative Court.
Section 32
To be able to be appointed to the Young Panitera The State Administrative Courts of State, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, letter c, and letter d;
., b. Experienced at least three years as the Panitera of the State Order of the Courts of State Courts.
Section 33
To be able to be appointed to the Young Panitera High Court of State Tata Enterprises, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, letter c, and letter d;
., b. experienced at least three years as Panitera Replacement of the State or four years as a Young Panitera or eight years as the Panitera of the State Governing Tribunal's Courts, or serving as Vice. The Panitera of the State Administrative Court.
Section 34
To be able to be elevated to the Panitera of the State Administrative Courts ' Changing Courts, a candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, letter c, and letter d;
., b. Experienced at least five years as a civil servant in the State Court of Business.
Section 35
To be able to be appointed to Panitera The High Court of State Governing Courts, one, the candidate must meet the following terms:
., a., a. terms as referred to in Section 28 of the letter a, letter b, and the letter d
., b. Experienced at least five years as a Panitera for the State of the State Courts or ten years as a civil servant in the High Court of State Governing.
Section 36
.,, (1) Unless otherwise specified by or under the law, Panitera should not be conserved as regent, regents, and officials with whom he is acting as Panitera.
(2) Panitera should not be caught up to legal counsel.
.,, (3) The office that Panitera should not be arrested in addition to the post as referred to in rayat (1), and the verse (2) is further regulated by the Minister of Justice under the approval of the Chief Justice.
Section 37
Panitera, the Deputy Panitera, the Young Panitera, and the Panitera Replacement were removed from being dismissed from his post by the Minister of Justice.
Section 38
Before taking up his post, Panitera, Deputy Panitera, Youth Panitera, and Panitera Replacement took oath or promise according to his religion or belief by the Chairman of the Court concerned; the sound of an oath or promise it is as follows:
"I swear in earnest that I, to obtain my post this, directly or indirectly, by using any name or any way either, does not give or promise anything to anyone".
"I swear/shopped that I, to do or do not do something in this post, not once in a time will receive direct or indirect from anyone as well as a promise or a gift".
" I pledge that I will be faithful to and will maintain and observe the Pancasila as a view of the life of the nation, the foundation of the country, and the national ideology; the Constitution of 1945, and all the laws and regulations that the nation has. applies to the State of the Republic of Indonesia ".
I vow that I will keep my office honest, witness, and by not distingueking people, and will take effect in carrying out my duty as well and as fair, as it is for a man. Panitera/Vice Panitera/Young Panitera/Panitera The virtuous and honest exchange in upholding the law and justice ".
Section 39
The task as well as the responsibility, organizational arrangement, and severity of the Court's work is further set by the Supreme Court.
The Third Part
Secretary
Section 40
In each Court the secretariat is presided over by a Secretary and assisted by a Deputy Secretary.
Section 41
The position of Secretary of the Court is captured by Panitera.
Section 42
To be able to be appointed Deputy Secretary of the State Administrative Courts, a candidate must meet the following terms:
a. nationals of Indonesia;
B. Put your trust in the Almighty God;
c. faithful to Pancasila and the Basic Law of 1945;
., d. The low-deposit of a young law or a young scholar of administration;
e. experienced in the field of judicial administration.
Section 43
To be able to be appointed Deputy Secretary of the State Tata High Court, a candidate must meet the following terms:
., a., a. terms as referred to in Section 42 of the letter a, letter b, letter c, and the letter e;
B. a legal sadana or an administrative scholar.
Section 44
The Deputy Secretary was appointed and dismissed by the Minister of Justice.
Section 45
Before taking up his post, Secretary, Deputy Secretary taken oath or promise according to his religion or faith by the Chairman of the Court concerned; the sound of the oath or the promise is as follows. I vow:
" that I, to be appointed Secretary/Deputy Secretary, will be loyal and fully obedient to Pancasila, the Basic Law of 1945, state, and government ".
" that I will comply with all applicable laws and regulations. The duty of the dineness entrusted to me with full devotion, mindfulness, and responsibility. "
" that I will always uphold the dignity of the state, the government, and the dignity of the Secretary/Deputy Secretary, and will always maintain the interests of the state rather than its own interests, one person. or group ".
" that I will hold the secret of something that by nature or by command should I be secret ".
" that I will work honestly, orderly, meticulously, and energable for the benefit of the country ".
Section 46
.,, (1) The Secretary of the Court is responsible for organizing the general administration of the Court
.,, (2) The duties as well as the responsibility, suss of the organization, and the work of the secretariat are further regulated by the Minister of Justice.
BAB III
COURT POWER
Section 47
The court is in charge and authorities examine, disconnect, and resolve the State Effort dispute.
Section 48
.,, (1) In the event of a Body or State Governing Officer authorized by or under the laws to resolve the administrative dispute of a particular State Entity, it is void or invalid, with or without With the following:
.,, (2) The new trial authorities examine, disconnect, and resolve the State Efforts Dispute as referred to in paragraph (1) if the entire administrative effort in question has been used.
Section 49
The court was not authorized to check, cut, and resolve a particular State Enterprise dispute dispute in terms of the disputed decision was issued:
., a., a. In times of war, the circumstances of the danger, the state of the natural disaster, or the circumstances of extraordinary harm, under applicable laws;
., b. in an urgent state for the general interest under applicable laws.
Section 50
The State Administrative Court is in charge and authorities examine, disconnect, and resolve the State Effort dispute at the first level.
Section 51
.,, (1) The High Court of State Tata Efforts is in charge and authorities examine and discontinue the State Tata Effort dispute at the appeal level.
.,, (2) The High Court of State Order also is in charge and authorities examine and disconnect at the first and last level disputes the authority of prosecuting the State of the State Order in its legal area.
.,, (3) The High Court of Ngara Enterprises is in charge and authorities examine, disconnect, and resolve at the first level of the State Efforts Dispute as referred to in Article 48.
.,, (4) Against the High Court ruling of the State Efforts Tribunal as referred to in paragraph (3) may be submitted for the case of cassation.
Section 52
.,, (1) The Chair of the Court conducted oversight over the execution of the duties and mannerism of the Judge, Panitera, and the Secretary in his legal area.
.,, (2) In addition to the duties as referred to in paragraph (1) the Chairman of the High Court of State of the State of the State of the State of the State of the Law conducts oversight of the judicial course at the level of the Courts of State Enterprises and keep It's the same and the same as it is.
.,, (3) In carrying out the supervision as referred to in paragraph (1) and paragraph (2) the Chair of the Court may provide a hint, reprimand, and warning that is seen as necessary.
., (4) The Oversight as referred to in paragraph (1), paragraph (2), and paragraph (3) shall not reduce the freedom of Judges in examining and severing the State of State Dispute Dispute.
BAB IV
EVENT LAW
The First Part
The lawsuit
Section 53
.,, (1) A person or a data legal entity who feels its interests are harmed by a State Governing Decree may submit a written claim to the Court of competent authorities for the Decline Decision of the disputed State Efforts. It was declared null or invalid, with or without the demands of the loss of the loss and/or rehabilitation.
.,, (2) The reasons that can be used in the lawsuit as referred to in paragraph (1) are:
.,
., a., a. The decision of the State Planning Service is contrary to the applicable laws;
., b. The State of the Union or the State of the State Governing Entity at the time of issuing the decision as referred to in paragraph (1) has used its authority for other purposes of the intent of the authoring of such authority;
., c. The entity or the state of the State of the Effort at the time of issuing or not issuing a decision as it is referred to in verse (1) after considering all the interests that are stuck with the keputsan it should not be up to the take Or don't make that decision.
Section 54
.,, (1) The lawsuit dispute the State Efforts Dispute is submitted to the competent Court whose law areas include the place of the defendant ' s office.
.,, (2) If charged with more than one Body or State Governing Body and is located not in one jurisdiction of the Court, a lawsuit is filed to the Court whose law area includes the seat of one of the Agency or the Tata Officials State effort.
., (3) In the case of the defendant's seat is not in the legal area of the Court where the plaintiff's residence, then the lawsuit may be filed to the Court whose law area includes the plaintiff's place of residence for the next to be forwarded to The courts are concerned.
.,, (4) In certain matters in accordance with the nature of the disputed State Efforts Dispute which is set up with Government Regulation, a lawsuit may be submitted to the Court of competent authorities whose legal area includes the plaintiff ' s residence.
., (5) If the plaintiff and the plaintiff are located or are overseas, the suit is filed against the Court in Jakarta.
.,, (6) If the defendant is in the country and the plaintiff abroad, the lawsuit is filed against the Court in the place of the defendant's office.
Section 55
The lawsuit may be filed in just ninety days ' length from the time of the receipt or the decision of the Agency or State Effort officials.
Section 56
(1) The lawsuit must contain:
.,
., a., a. name, citizenship, residence, and plaintiff ' s work, or its ruler;
B. name, position, and place of the defendant's position;
c. The basis of the lawsuit and the matter requested to be decided by the Court.
.,, (2) If a lawsuit is made and signed by a plaintiff ' s power, then the lawsuit must be accompanied by a valid letter of power.
.,, (3) A suit as may also be accompanied by a State Order Decision. which is disputed by the plaintiff.
Section 57
.,, (1) disputable parties each may be accompanied or represented by a person or some of the power persons.
.,, (2) The giving of the power can be done with a special power letter or can be performed orally at the trial.
.,, (3) A letter of power made outside the country of its form must meet the requirements in the country concerned and known by the Representative of the Republic of Indonesia in the country, as well as being translated into Indonesian by translator Official.
Section 58.
If a judge is required to order both sides of the dispute to come facing themselves to the trial, even if it is represented by a powerful man.
Section 59
.,, (1) To file a lawsuit, the plaintiff pays the advance of the case fee, which is the magnitude of which is feared by the Panitera Courts.
.,, (2) After the plaintiff pays the advance of the case fee, the suit is noted in the list of matters by Panitera Courts.
(3) (3), no later than thirty days after the claim, the judge determined the day, the hour, and the place of the trial, and ordered the two sides to be present at the appointed time and place.
.,, (4) The summons to the defendant is accompanied by a copy of the lawsuit with the notice that the suit may be answered in writing.
Section 60
.,, (1) The plaintie may apply to the Speaker of the Court to be free with free-only.
.,, (2) The plea was filed at the time the plaintiff submitted his lawsuit accompanied by an uncapable letter from the village head or lurah at the applicant ' s residence.
.,, (3) In the caption it must be sung that the applicant is absolutely unable to pay the case fee.
Section 61
.,, (1) The application of the geway referred to in Article 60 should be examined and set by the Court before the subject matter is checked.
(2) This penetration is taken at the first and last level.
.,, (3) The Redemption of the Court which has granted the plaintiff for a dispute with free-only in the first degree, also applies at the level of appeal and cassation.
Section 62.
.,, (1) In a deliberation meeting, the Chairman of the Court of authorities decided by a designation which was supplemented by consideration that the filed suit was declared not acceptable or unfounded, in terms of:
.,
., a., a. The subject of the suit is real not included in the Court's authority;
., b. The terms of the lawsuit as referred to in Article 56 are not met by the plaintiff even though he has been informed and warned;
c. The lawsuit is not based on a viable reason;
., d. What was prosecuted in the actual lawsuit was fulfilled by the Decree of the State Effort which was sued;
e. The lawsuit was filed premed before time or time.
.,, (2) a. He said: "O ye who believe!" (It is) a trial appointed by the parties, and (the law) that ye may be sent down to the Day of the Day of the Day of the Day
.,
., b. The summoning of both parties is carried out by a letter recorded by Panitera Courts on the orders of the Chief Justice.
.,, (3) a. In the case of a chapter (1) it may be appealed to the Court in the middle of the fourteen days after it is pronounced;
.,
., b. The resistance was filed in accordance with the provisions as referred to in Article 56.
.,, (4) The Resistance as referred to in paragraph (3) is examined and broken up by the Court with a short event.
(5) In the case of the resistance is justified by the Court, then the designation of what is meant by the verse (1) fall by law and the subject of the suit will be examined, broken up and resolved according to the usual event.
.,, (6) Against the ruling regarding the resistance it cannot be used by legal efforts.
Section 63
.,, (1) Before the underlying inspection of the dispute began, the Judge obliged to hold a preparatory examination to supplement the less clear suit.
(2) In preparation checks as referred to in paragraph (1) Judge:
.,
., a., a. must advise the plaintiff to correct the lawsuit and depose it with the required data within thirty days;
., b. can request an explanation for the Agency or the State Efforts Officials Concerned.
.,, (3) If in the timeframe as referred to in paragraph (2) the letter a plaintiff has not perfected the suit, then the Judge states with the ruling that the lawsuit is not acceptable.
.,, (4). Against the ruling as referred to in verse (3) it cannot be used by legal efforts, but may be filed a new lawsuit.
Section 64
.,, (1) In determining the day of the trial, the Judge must consider the remote proximity of the residence both parties from the premises of the trial.
.,, (2) The term between the summoning and the day of the trial should not be less than six days, except in the case of such dispute must be checked with a quick event as set up in the Second Part of Paragraph 2.
Section 65
The call to the concerned party is considered valid, if each has received a call letter sent with a recorded letter.
Section 66
.,, (1) In the event of either party of the party or outside of the territory of the Republic of Indonesia, the Chairman of the Court in question is making the call to continue the trial of the court day and the copy of the lawsuit to the State Department of the Republic of Indonesia.
.,, (2) The State Department immediately delivers a certificate of trial day and a copy of the lawsuit as referred to in paragraph (1) through the Representative of the Republic of Indonesia outside the country of the territory in which the area is located or Come on
.,, (3) The Representative of the Republic of Indonesia within seven days of the summoning, it is mandatory to report to the Court in question.
Section 67
.,, (1) The lawsuit does not delay or hinder the decision of the Agency or the State Effort Officer as well as the actions of the State Sued Agency or the State Governing Body's actions.
.,, (2) The defendant may apply for the execution of the State Order Decision that was postponed during a dispute over the State Efforts Dispute, until there is a Court ruling that gains a fixed legal force.
.,, (3) the invocation as referred to in verse (2) can be filed at once in a lawsuit and may be broken up first from the subject of the question.
(4) The delay request as referred to in paragraph (2):
.,
., a., a. can be granted only if there is a very urgent circumstance resulting in the plaintiff's interest to be severely disadvantaged if the Decree of the State Sued Entity remains in place;
., b. It cannot be granted if the common interest in the development frame requires that decision be made.
The Second Part
Examination at First Level
Paragraph 1
Examination With The Ordinary Event
Section 68
.,, (1) The court examines and dissolves the State Attempted Dispute Dispute with three Judges.
(2) The court convenes on the day specified in the call letter.
.,, (3) Examination of the State Undertaking Dispute in the trial presided over by the Court ' s Chief Justice.
(4) The Chief Justice of the Court is required to keep the order in order to keep the trial on each and all his orders are well-held.
Section 69
.,, (1) In the courtroom each person is obliged to show the attitude, deeds, manneries, and utopies that juggle the high wibring, dignity, and honor of the Court by obeying the order of the trial.
(2) Any person who disobeys the order of the trial as referred to in verse (1), after receiving a warning from and on the orders of the Speaker of the Assembly, is issued from the courtroom.
.,, (3) The act of the Judge Speaker on the violation of the order of order as is tabled in verse (2), does not reduce the likelihood of the prosecution, if the offence is a criminal offence.
Section 70
.,, (1) For the purposes of inspection, Hakiin Chairman of the Assembly opened the trial and declared it open to the public.
.,, (2) If the Majehs Hakim views that the disputed dispute concerns public order or state safety, the trial may be declared closed to the public.
., (3) Not subject to the provisions as referred to in paragraph (1) may cause the limit of the ruling by law.
Section 71
., (1) In the case of the plaintiff or his power not present at the trial on the first day and on the appointed day in the second call for no reason to be accounted for, even though each time is called upon, the lawsuit is not in place. The fall and the plaintiff will have to pay the case
(2) In the event referred to in verse (1) the plaintiff is entitled to enter the lawsuit once more after paying the advance of the case fee.
Section 72
.,, (1) In terms of the defendant or his language not present at the trial of two consecutive hearings and/or not responding to a lawsuit without any reason to be held accountable even if each time it has been called upon, then the Speaker of the Assembly. with the letter of assignment asking the defendant to order the defendant's complaint and/or respond to the lawsuit.
(2) In the matter of after two months after it is delivered with the letter of the designation as referred to in verse (1) not received the news, either from the defendant or the defendant, then the Speaker of the Assembly appointed the day of the trial. Next and a dispute check is continued according to the usual event, without the presence of the defendant.
.,, (3) The termination of the subject matter may be dropped only after an examination of the terms of the proof is done in a tunnated.
Section 73
.,, (1) In the event there is more than a defendant and one or more of them or his power is not present at the trial without any reason to be accounted for, the examination of the dispute may be postponed until the day of the hearing. Judge the Chairman.
.,, (2) The delay of the hearing was notified to the attending party, being against a party not present by the Court Chief Justice ordered to be summoned once again.
(3) If on the day of the postponing of the trial as referred to in verse (2) the defendant or the ruler is still absent, the trial is continued without its presence.
Section 74
.,, (1) The examination of the dispute begins by reading the contents of the lawsuit and the letter containing the answer by the Court ' s Chief Justice, and if there is no answer letter, the defendant is given the opportunity to submit the answer.
.,, (2) The Court of the Chair provides the opportunity to both sides to explain the passage of the matter submitted by each of them.
Section 75
.,, (1) The prosecution may change the underlying reason the lawsuit is only up to the replics, the origin of which is sufficient reason as well as not harming the defendant's interests, and that it must be sacraalized by the Judge.
., (2) The defendant may change the underlying reason only up to the duplicates, for the origin of sufficient reason and no harm in the interests of the plaintiff and that it should be considered in the same way by the Judge.
Section 76
.,, (1) The Defendant may at any time revoke his lawsuit before being sued gives an answer.
.,, (2) If the defendant has already given the answer to the suit, the repeal of the lawsuit, by the plaintiff will be granted by the Prince only if it is agreed to be sued.
Section 77
.,, (1) The exception of the absolute authority of the Court may be submitted at any time during examination, and although there is no exception about the absolute authority of the Court if the Judge is aware of it, he is due to his mandatory office stating that The court is not authorized to judge the dispute over the matter.
.,, (2) The exception of the relative authority of the Court is submitted before being delivered the answer to the subject matter, and the exception must be broken up before the subject matter is checked.
.,, (3) Another exception that does not regarding the Court ' s authority can only be severed along with the subject of dispute.
Section 78
., (1) A Judge is obliged to resign from the trial if it is bound by a blood family relationship, or a temporary to a third degree, or a husband or wife's relationship despite the divorce, with either a Member Judge or Panitera.
(2) A Judge or Panitera is required to resign from the trial when bound by a family of blood or a semane to a third degree, or a husband or wife's relationship despite being divorced by the defendant, plaintiff, or counsel. the law.
(3), (3) Judge or Panitera as referred to in verse (1) and paragraph (2) must be replaced, and if not replaced or not resigned while the dispute has been severed, then the dispute is mandatory immediately with the arrangement. Another.
Section 79
.,, (1) A Judge or Panitera is required to resign if he is directly or indirectly in the event of a dispute.
., (2) The resignation as referred to in paragraph (1) can be carried out on the will of the Judge or Panitera, or at the request of either one or the parties to the dispute.
(3) If there is any doubt or difference of opinion as to what it is in verse (2) then the authority of the Court of Justice is determined.
(4) Judge or Panitera as referred to in verse (1) and verse (2) must be replaced and if not replaced or not resigned while the dispute has been broken up, then the dispute is mandatory immediately with the arrangement. Another.
Section 80
For the sake of dispute over dispute, the Court's Court of Justice is entitled to the hearing providing clues to the disputing parties regarding the legal efforts and the evidence that they can use in dispute.
Section 81
With the permission of the Chair of the Court, the plaintiff, the plaintiff, and legal counsel can study the case files and other official papers in question in the heat and make the quote as necessary.
Section 82
The parties concerned may make or request to make copies or to interpret any of its trade checks, at their own expense after obtaining the Court Chairman's permission.
Section 83
.,, (1) As long as the examination takes place, any person of interest in the dispute the other party is being examined by the Court, whether on its own initiative by applying for, or on the preface of the Judge, may enter into dispute Governance of the State, and act as:
., a., a. party defending its right; or
B. The participants who joined one of the parties in dispute.
.,, (2) the request as referred to in paragraph (1) may be granted or rejected by the Court with a ruling that is listed in the news of the event of the hearing.
.,, (3) The appeal against the Court ' s ruling as referred to in verse (2) cannot be filed in its own right, but must be together with an appeal against the final ruling in the subject matter.
Section 84
(1) If in the trial of an act which exceeds the limit of its authority, the power-giver may submit a disclaible, with demands for the act to be declared null and void.
(2) If the disclaiations referred to in verse (1) are granted, then the Judge is required to specify in a ruling which is contained in the news of the hearing that the act of power was declared null and removed from the news of the examination.
.,, (3) The termination as referred to in paragraph (2) is read and/or notified to the parties concerned.
Section 85
.,, (1) For the benefit of the examination and if the Speaker of the Assembly views the need he may order a check on the letter held by the State Undertaking Officials, or any other official who keeps the letter, or requests an explanation and The question is about something concerned with the dispute.
(2) (2) In addition to the case in verse (1) the Court of Justice may order that the letter be presented to the Court in the trial to be determined for that purpose.
.,, (3) If the letter is part of a list, before being shown by its deviation, it is made a copy of the letter in exchange for the original during the original letter not yet received back from the Court.
.,, (4) If the examination of the truth of a letter elicits the living person that the letter is falsified by him, the Court Chief Justice may send this concerned letter to the authorized investigator, and Dispute resolution of the State System can be delayed until the verdict of the criminal charges is dropped.
Section 86
.,, (1) At the request of either party, or because of his post, the Court Chief Justice may order a witness to be heard in the trial.
(2) If the witness did not come without any reason to be accounted for, even though the judge had been summoned, and the judge had reason to believe that the witness was willfully not coming, the Magistrate of the Assembly could give the order so that he might not be able to do it. Witnesses were taken by police to the trial.
., (3) A witness who does not reside in the legal area of the Court in question is not required to come in the Court, but the examination of the witness may be handed over to the Court whose law area includes the residence. Witness.
Section 87
(1) The witness is called to the trial of one by one.
.,, (2) The Speaker of the Assembly enquire to witness a full name, place of birth, age or date of birth, gender, citizenship, residence, religion or his beliefs, employment, degree of family relations, and working relationship with the plaintiff Or being sued.
., (3) Before giving the captions, witnesses are required to recite an oath or promise according to his religion or belief.
Section 88
The one not to be heard as a witness is:
., a., a. A family of seblood or cement according to the line of descent straight up or down to the second degree of one of the disputable parties;
., b. The wife or husband of one of the disputed parties, despite their divorce;
c. The child who is not seventeen years old;
D. memory pain people.
Section 89
(1) The person who can ask for the resignation of the obligation to give testimony is:
.,
., a., a. Brothers and sisters, brothers-in-law and the women of one of the parties;
., b. any person who is due to his dignity, work, or office is obliged to sew everything in contact with dignity, work, or office.
(2) There is, or is not the basis of the obligation to conceal everything as it is referred to in verse (1) the letter b, submitted to the judgment of the Judge.
Section 90
.,, (1) The question submitted to the witness by one of the parties is delivered through the Court ' s Chief Justice.
.,, (2) If the question is according to the consideration of the Justice Chairman has nothing to do with the dispute, the question was rejected.
Section 91
.,, (1) If the plaintiff or the witness does not understand Indonesian, the Court Chief Justice can appoint an expert on language.
.,, (2) Before carrying out the duty of the linguist it is required to recite an oath or promise according to religion or his trust in order to divert the language understood by the plaintiff or the witness as referred to in verse (1) into the language Indonesia and the opposite is well-known.
.,, (3) The person who is a witness in a dispute should not be appointed as a linguist in the dispute.
Section 92.
.,, (1) In terms of plaintiff or a silent witness, and/or deaf and unable to write, the Court ' s Chief Justice can lift a person who is good at hanging out with a plaintiff or a witness as a scribe.
(2) Before carrying out the duty of the scribe, as referred to in verse (1) to either swear or swear by religion or to his trust.
(3) In the matter of the plaintiff or the witness of the dumb and/or the deaf but the good of writing, the Judge of the Assembly may ask to write down the question or rebuke him, and instructest the inscription to the plaintiff or the witness with an order. So that he may write the answer, then all questions and answers must be read.
Section 93
The official called upon as a mandatory witness came alone at the trial.
Section 94
.,, (1) The witness is required to recite an oath or a promise and is heard in the trial of the Court by being attended by the parties disputing.
(2) If the dispute has been called for, but does not come for no responsibility, then the witness can be heard of without the presence of the disputed party.
.,, (3) In terms of witnesses who will be heard not to be present at the trial because of the impediatable impediation by the law, Judge is assisted by Panitera arriving at the witness ' s residence to take an oath or promise and hear the witness.
Section 95
.,, (1) If a dispute cannot be resolved at one day of trial, the prosecutor dfproceed on the day of the next trial.
.,, (2) Advanced hearings must be notified to both parties, and for them this notice is likened to the call.
., (3) In terms of one of the parties that came on the day of the first trial it turned out not to come on the day of the next trial Judge the Speaker of the Court told the party the next time, the day, and date of the next trial.
.,, (4) In terms of the parties as in paragraph (3) remain absent without any responsibility which may be accounted for even if he has been duly informed, then the examination may be continued without its presence.
Section 96.
In the event during a dispute check there is an action to be performed and requires a fee, the fee must be paid in advance by the party who submitted the request for the action.
Section 97
(1) In the case of dispute resolution is resolved, both sides are given the opportunity to express their final opinion of each other's conclusions.
(2) After the two sides posited the conclusion in verse (1), then the Speaker of the Assembly stated that the trial was adjourn to give the Assembly a deliberation in a closed room for a meeting of the Assembly. Consider all things to the verdict of the dispute.
(3) The termination of the deliberation of the assembly led by the Chief Justice of the Assembly is unanimously a result, unless it is done that, in earnest, it cannot be reached by a unanimous consensus, the verdict is taken with the most votes.
(4) If the deliberation of the assembly as referred to in verse (3) cannot result in a ruling, the deliberation is postponed until the next assembly's deliberations.
.,, (5) Apabil in the deliberations of the next assembly cannot be taken the most votes, then the final vote of the Judge Speaker of the Assembly is decisive.
.,, (6) The severing of the Court may be dropped on that day also in a hearing that is open to the public, or postponed on another day that should be notified to both sides.
(7) The Court Disconnect may be:
., a., a. lawsuit rejected;
B. a lawsuit is granted;
c. The lawsuit is not accepted;
D. A dead suit
.,, (8) In the event the lawsuit is granted, then in the ruling the Court may be set to be required by the Agency or the State Governing Officials issuing the State Governance Decision.
(9) The obligation as referred to in paragraph (8) is:
., a., a. the revocation of the Country Enterprise Decision in question; or
., b. The revocation of the State Enterprises Decision is in question and publishes a new Country Enterprise Decision; or
.,, c. The publishing of the State Governance Decision in terms of the lawsuit is based on Article 3.
.,, (10) Liability as referred to in paragraph (9) may be accompanied by an indemnation of damages.
(1) In the case of the judgment of the Court as it is in verse (8) concerning the adminisation, then in addition to the obligation as referred to in verse (9) and verse (10), may be accompanied by a grant of rehabilitation.
Paragraph 2
The Check With The Quick Show
Section 98
.,, (1) If there is sufficient plaintiff ' s interest that must be deduced from the reasons of his plea, the plaintiff in his lawsuit may plead to the Court to be an expedited dispute check.
(2), (2) the Chief Justice in the term of fourteen days after receiving a request as contemplated in a paragraph (1) issue a designation about being granted or not obscured of such application.
.,, (3) Against the designation as referred to in paragraph (2) cannot be used any legal effort.
Section 99
(1) Examination with a quick event is done with a Single Judge.
.,, (2) In the event of a request as referred to in Section 98 of the paragraph (1) granted, the Speaker of the Court within seven days after the issuer of the designation as referred to in Article 98 of the paragraph (2) determines the day, place, and time of the trial without going through the preparatory examination procedure as referred to in Article 63.
.,, (3) the time for the answer and the proof for both parties, each is determined not to exceed fourteen days.
The Third Part
Proof
Section 100
(1) The evidence tool is:
., a., a. letter or writing;
B. expert captions;
c. witness description;
D. The parties ' recognition;
e. Judge knowledge.
(2) The circumstances that have been known to the general do not need to be proven.
Section 101.
The letter as a proof tool consists of three types is:
., a., a. An authentic deed, a letter made by or in the presence of a general official, who according to the laws of authority makes the letter with the intent to be used as a proof tool about events or legal events. listed in it;
., b. the deed under the hand, which is a letter made and signed by the parties concerned with the intent to be used as a proof tool about the events or events of the law set forth therein;
C. other letters that are not the deed.
Section 102
.,, (1) The expert ' s account is the opinion of the person given under oath in the trial about the things he knows according to his experience and knowledge.
.,, (2) A person who should not be heard as a witness under Article 88 should not provide expert captions.
Section 103
.,, (1) At the request of both parties or either party or because the office of the Court Chief Justice can appoint someone or some expert.
(2) (2) An expert in the trial must provide good with letters and orally, which are corroborated by oath or promise according to the truth throughout his best knowledge.
Section 104
A witness's description is considered a piece of evidence if the description relates to the matter experienced, seen, or heard by the witness himself.
Section 105
The parties ' recognition cannot be retracted except for the basis of a strong and acceptable reason for the Judge.
Section 106
Judge ' s knowledge is the thing by which it is known and believed to be the truth.
Section 107
The judge determines what to prove, the burden of proof and the judgment of proof, and for his proof of proof is required at least two evidence tools based on the Judge's conviction.
The Fourth Part
Court verdict
Section 108.
(1) The severing of the Court should be spoken in an open hearing to the public.
.,, (2) If either party or both parties are not present at the time the Court ruling is spoken, at the order of the Chief Justice of the Court a copy of the ruling is delivered with a recorded letter to the concerned.
., (3) Not subject to any provision as referred to in verse (1) resulted in the ruling of the Court invalid and without the power of the law.
Section 109
(1) The Court Disconnect must contain:
.,
., a., a. The head of the verdict reads: "FOR JUSTICE BASED ON THE ALMIGHTY GOD";
., b. the name, title, nationality, place of residence, or place of the disputed party;
c. The summary of the lawsuit and the answer is clear;
., d. the consideration and judgment of any submitted evidence and the thing that occurred in the trial during the dispute was examined;
e. the legal reasons that are the basis of the ruling;
f. Amar rulings on dispute and case costs;
., g. the day, the date of the verdict, the name of the judge who disconnected it, the name of Panitera, as well as the description of the presence or absence of the parties.
.,, (2) Not subject to any of the provisions as referred to in paragraph (1) may cause the limit of the Court's ruling.
(3), (3) At least thirty days after the verdict of the Court is said, the ruling must be signed by the ruling Judge and the Panitera who was in the hearing.
., (4) If the Chief Justice of the Assembly or in the case of examination with the swift event the Speaker of the Assembly impeded the signing, then the verdict of the Court is signed by the Chief Justice by declaring his views of the Chief Justice of the Assembly or the Judge. The Chairman of the Court.
.,, (5) If the Assembly of Councillors impedilate signs, then the Supreme Court ruling is signed by the Chief Justice of the Assembly by declaring the Assembly of the Council of Councillors to be ruled.
Section 110
The defeated party for the whole or partially punished paid the cost of the matter.
Section 111
Included in the case fee is:
a. the cost of heat and meterai charge;
., b. Witness fees, experts, and language with the record that the party requesting the examination of more than five witnesses should pay the fee for the more witnesses even if the party is won;
.,, c. fee checks elsewhere from the courtroom and other charges necessary for the termination of the dispute on the orders of the Court ' s Chief Justice.
Section 112
The number of cases that the plaintiff and/or the plaintiff must pay is referred to in the amar of the Court's final ruling.
Section 113
.,, (1) The severing of the Court which is not the final ruling despite being said in the hearing, was not made as its own ruling but rather simply inscribed in the news of the event of the hearing.
.,, (2) A party of direct interest to the Court ruling may request that it be given to him a formal copy of that ruling by paying a copy fee.
Section 114.
.,, (1) On each examination, Panitera must make news of a hearing event containing everything that happened in the hearing.
.,, (2) The news of the hearing is signed by the Judge of the Assembly and Panitera; if one of them is impeded, then it is stated in the news of the event.
.,, (3) If the Judge of the Speaker and the panitera impeded the sign, then the news of the event was signed by the Chief Justice by declaring his views on the Judges and Panitera's Judges.
The Fifth Part
The Execution Of The Court Ruling
Section 115
Only the Court ' s ruling that has gained the legal power remains that can be implemented.
Section 1
.,, (1) A copy of the Court ' s ruling that has obtained a fixed legal force, sent to the parties with a letter recorded by the Panitera of the local Court on the orders of the Speaker of the Court who administers it in the first degree at no later than In fourteen days.
.,, (2) In terms of four months after the Court ' s ruling that has obtained the force of the law remains as referred to in paragraph (1) the defendant does not carry out its obligations as referred to in Article 97 of the paragraph (9) letter a, then The disputed decision of the disputed State Government did not have any legal force anymore.
.,, (3) In the case of the defendant is set to carry out its obligations as referred to in Article 97 of the letter b and the letter c, and then after three months it turns out that the obligation is not implemented, then the plaintiff proposes. A plea to the Chair of the Court as referred to in verse (1), in order for the Court to order the defendant to carry out the ruling.
.,, (4) If the defendant still does not want to undertake it, the Chief Justice submitted this to his superior agency according to the office of office.
.,, (5) The employer of the superior as referred to in paragraph (4), within two months after receiving notice from the Speaker of the Court should already order the official as referred to in verse (3) carry out the ruling of the Court.
.,, (6) In the case of a superior instance as referred to in paragraph (4), not heed the provisions as referred to in paragraph (5), then the Chairman of the Court submitted this to the President as the highest government power holder for the ordered the official to carry out the Court ' s ruling.
Section 117
(1), (1) All concerning the obligations as referred to in Article 97 of the paragraph (11) if the defendant cannot or may not be able to improperly execute the judgment of the Court, which has obtained the power of the law, is due to the change. The circumstances that occurred after the verdict of the Court were dropped and/or obtained a fixed legal force, he was obliged to inform the Chairman of the Court as referred to in Article 116 of the paragraph (1) and the plaintiff.
.,, (2) Within thirty days after receiving the notice as referred to in paragraph (1) the plaintiff may apply to the Speaker of the Court who has sent the verdict. A court that has acquired the powers of such a fixed law in order to be accused of being charged with the obligation of paying a sum of money or other compensation it wants.
.,, (3) The Chair of the Court after receiving a plea as referred to in paragraph (2) ordered calls on both parties to attempt to obtain an agreement on the amount of money or other compensation that must be charged to the defendant.
(4), when it is sent to the right to reach the agreement, no word can be obtained to agree on the amount of money or other compensation, the Chair of the Court with the designation which is accompanied by sufficient consideration for the amount of money. Or any other compensation.
.,, (5) The Appointments of the Court Chair as referred to in verse (4) may be appealed either by the plaintiff or by the defendant to the Supreme Court to be re-established.
(6) The severing of the Supreme Court as referred to in verse (5), shall be subject to both sides.
Section 118
(1) In the case of a Court ruling as referred to in Article 116 of the paragraph (1) contains the obligation to be judged as in Article 97 of the paragraph (9), paragraph (10), and verse (11), third party that has not taken part in or included. During the time of the examination of the dispute concerned according to the provisions of Article 83, he feared that his interests would be harmed by the resolution of a ruling that had obtained the power of the law. the execution of the Court ' s ruling to the Court of prosecuing it on Level one.
(2) The act of resistance as referred to in verse (1), may only be submitted at the time before the ruling of the Court which has obtained the power of the law it is exercised by loading the reasons on its appeal according to the the provisions as referred to in Article 56; towards the invocation of the resistance applies the terms as referred to in Article 62 and Section 63.
(3) The act of resistance as referred to in verse (1) does not by itself result in the execution of a Court ruling that has gained the legal power of such a fixed term.
Section 119
The Speaker of the Court is obliged to oversee the execution of a Court ruling that has gained the power of the law nonetheless
The Sixth Part
Indemnation
Section 120
.,, (1) A copy of the Court 's ruling containing the liability of pay damages is transmitted to the plaintiff and is sued within three days after the Court' s ruling obtained the legal force fixed.
.,, (2) A copy of the Court ' s ruling containing the obligation of pay damages as referred to in paragraph (1), sent by the Court to the Agency or the State of State Services charged with the obligation to pay for such damages in the time three days after the Court ' s ruling gained the legal force fixed.
.,, (3) the damages of compensation and the manner of the implementation of provisions as referred to in Article 97 of the paragraph (10) are further regulated by the Government Regulation.
The Seventh Part
Rehabilitation
Section 121
.,, (1) In the case of a lawsuit relating to the field of employment is granted in accordance with the provisions as referred to in Article 97 of the paragraph (11), a copy of the Court ' s ruling containing the obligation about rehabilitation is sent to the plaintiff and was sued within three days after the ruling gained a fixed legal force.
.,, (2) A copy of the Court ' s ruling containing the obligation about rehabilitation as referred to in paragraph (1), sent by the Court to the Agency or Acting State Governing Body is charged with the rehabilitation of such rehabilitation. within three days after the verdict gained the power of the law fixed.
The Eighth Part
The examination at the Appeal Level
Section 122
Against the decision of the State Order Court may be asked for an appeal hearing by the plaintiff or be sued to the High Court of State Tata Enterprises.
Section 123
.,, (1) The appeal of an appeal is filed in writing by the applicant or his special will be made to it to the Court of State of the State which dropped the verdict in the middle of the fourteen days after the verdict. The court was told to him legally.
.,, (2) The appeal of the appeal is accompanied by payment of the advance charge of the case of appeals first, whose magnitude is feared by Panitera.
Section 124
The State Administrative Court ruling that is not the final ruling can only be moveted on appeal checks together with the final verdict.
Section 125
(1) The appeal of appeal is recorded by Panitera in the list of matters.
(2) Panitera informs the party of the appeal.
Section 126
And, behold, at least thirty days after the request of the appeal was recorded, Panitera told both of them that they were able to see the case file in the office of the State of the State of the State of the State of the State of the State of the Courts of the State of the State of the State. Days after they received the notice.
.,, (2) A copy of the ruling, the news of the event, and the other letter in question must be sent to the Panitera High Court of State of the State of the State no later than sixty days after the statement of appeal of the appeal.
.,, (3) the parties may submit the memory of the appeal and/or counter of memory of the appeal as well as the letter of testimony and the evidence to the Panitera High Court of State Order provided that a copy of memory and/or a counter memory is given to the party The other with the Penitera Court.
Section 127
.,, (1) The High Court of State Tata Enterprises examines and breaks the appeal case with at least three Judges.
.,, (2) If the High Court of State Tata argued that the examination of the State Order Court is less complete, then the High Court may hold its own session to hold additional checks or order The Court of State of the State in question carried out an additional examination.
., (3) Against the ruling of the Court of State Tata Undertaking which states it is not authorized to examine the matter submitted to him, the High Court of State of State Tata argued another, the High Court can examine and cut off on its own It was or ordered the Court of State of the State of the State concerned to examine and break it.
.,, (4) The Panitera of the High Court of State Governance within thirty days of sending a copy of the High Court ' s ruling as well as the examination letter and other letters to the Court of State Governance which cut off in the first degree inspection.
Section 128
.,, (1) The provisions as referred to in Article 78 and Section 79 apply also to the examination at the level of appeal.
(2) The provisions of the relation of the family as referred to in Article 78 of the paragraph (1) apply also between Judges and/or Panitera at the level of appeal with the Judge or Panitera at the first level who have examined and cut the same matter.
., (3) If a Judge who breaks in the first degree then becomes a Judge on the High Court, then the Judge is prohibited from examining the same case at the appeal level.
Section 129
Before the appeal of an appeal is severed by the State Tata High Court, the request may be revoked again by the applicant, and in the case of an appeal of appeal it has been revoked, it can no longer be submitted despite the term. time to apply for an appeal check not yet past.
Section 130
In the event one of the parties has already received both the State Administrative Court ruling, he is unable to revoke such a statement even though the term to apply for an appeal check is not past tense.
The Ninth Part
Examination at the Cassation Level
Section 131
.,, (1) Against the final level ruling the Court can be moveed the examination of the cassation to the Supreme Court.
.,, (2) The event of a cassation examination as referred to in paragraph (1) is conducted according to the provisions as referred to in Article 55 of the paragraph (1) of the Law No. 14 of 1985 on the Supreme Court.
The Tenth Part
The Review Check Back
Section 132.
.,, (1) Against the Court ' s ruling that has obtained the legal force it can still be submitted a review plea to the Supreme Court.
.,, (2) The event of a sermon review review as referred to in paragraph (1) is conducted according to the provisions as referred to in Article 77 of the paragraph (1) of the Law No. 14 of 1985 on the Supreme Court.
BAB V
LAIN PROVISIONS
Section 133
The Court Chair arranges the division of the judges ' duties.
Section 134.
The Court Chair handed out all the files and/or other letters related to the dispute submitted to the Court to the Assembly of Judges to be completed.
Section 135
.,, (1) In terms of the Court examining and severing the case of certain State Tata Enterprises which require special aleness, then the Chair of the Court may appoint a Judge Ad Hoc as a Member of the Assembly.
.,, (2) To be able to be appointed as Judge Ad Hoc a person must fulfill the terms as referred to in Article 14 of the paragraph (1) except the letter e and the letter f.
.,, (3) Prohibition as referred to in Article 18 of paragraph (1) the letter c does not apply to Judge Ad Hoc.
.,, (4) The order of the appointment of Judge Ad Hoc on the Court as referred to in paragraph (1) is governed by the Government Regulation.
Section 136
The head of the Court establishes a matter which must be examined and disconnected by order of order, but in the case of certain matters concerning the common interest and which should be checked immediately, then the examination of the case is required.
Section 137
The Court's Panitera is responsible for organizing the administration of the case and setting up the duties of the Vice Panitera, the Young Panitera, and the Changing Panitera.
Section 138.
Panitera, Deputy Panitera, Young Panitera, and Panitera Replacement helped Judge to follow and record the course of the Court hearing.
Section 139.
(1) The Panitera is required to make a list of all the matters received in the heat.
.,, (2) In this list of cases each case is numbered in order and made a short note about its contents.
Section 140
The Panitera makes a sarnan of the Court ' s ruling according to the provisions of the laws applicable.
Section 141
.,, (1) Panitera is responsible for the affairs of matter files, rulings, documents, certificates, list books, case fees, third-party funds, valuable letters, evidence, and other letters that are stored in the heat.
.,, (2) All lists, notes, treatises, event news, and case files must not be brought outside the workspace of the heat, except for the permission of the Chief Justice under applicable law provisions.
BAB VI
THE TRANSITION PROVISION
Section 142
.,, (1) The State of the Statutes Dispute which by the time of the Court under this Act has not been broken up by the Court in the General Judicial environment remains examined and broken up by the Court in the General Judicial environment.
.,, (2) The State Governance Dispute that is at the time of this Act is already submitted to the Court in the General Judicial environment but has not been examined, devolve to the Court in the Judicial Environment of the Tata Business. The country.
Section 143
.,, (1) For the first time at the time the Act came into force of the Minister of Justice after the opinion of the Chief Justice of Augng governing the position of Chief Justice, Vice Chairman, Judge, Panitera, Vice Panitera, Youth Panitera, Panitera Replacement, and Deputy Secretary to the Court of Justice in the Judicial Environment of the State Department.
.,, (2) The Rapture in the post of Chairman, Vice Chairman, Judge, Panitera, Deputy Panitera, Panitera the Younger, Panitera Replacement, and Deputy Secretary as referred to in paragraph (1) may deviate from the requirements specified in this Act.
BAB VII
CLOSING PROVISIONS
Section 144
The Act may be called the "State Administration Judicial Act".
Section 145
The law came into effect on the date of promulgations and its application is governed by the Government Regulation no later than five years since the Act is promulred.
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.
.,, Dislocated in Jakarta
on December 29, 1986
PRESIDENT OF THE REPUBLIC OF INDONESIA
SUHARTO
Promulgated in Jakarta
on December 29, 1986
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA
SUDHARMONO, S.H.
