1. Read this Article!
The Supreme Court has exclusive jurisdiction in disputes between courts of the different
court systems and between courts located in different regions. It can annul decisions of high (appellate)
courts on points of law, not fact. On request, it can give advisory opinions to the government and
guidance to lower courts. However, its powers of judicial review are limited to decisions on whether
administrative regulations and local regulations conform to the laws as passed by the DPR. Another
reform to strengthen the system of cheques and balances was the 2004 shift of administrative and
financial control over the lower courts from the Department of Justice (now called the Department of
Justice and Human Rights) to the Supreme Court.
Four different court systems operate below the Supreme Court. First, there are courts of
general civil and criminal jurisdiction. District courts are the courts of first instance. High courts (at
the provincial level) are appellate courts. Following the Dutch legal system, cases are decided by panels
of judges rather than juries. Sources of law on which parties to a dispute may base their claims include:
international law (to date rarely used); modern Indonesian civil law, which has replaced but is often
rooted in colonial-era Roman-Dutch civil law; and adat (customary) law, which differs widely among
ethnic groups. The court system remains highly corrupt, with verdicts in both civil and criminal cases
influenced by bribery by both plaintiffs and defendants. Although judicial reform is the key to
consolidating
2. democracy and establishing a more favorable investment climate, efforts at judicial reform
have so far been half-hearted and largely ineffective.
Second, religious courts exist throughout Indonesia to resolve disputes between
Muslims in matters of marriage, divorce, inheritance, and gifts. These district-level courts
base their decisions on Islamic law. As in the secular court system, religious high courts are
appellate courts at the provincial level. One of the persistent tensions between Muslims and
the state arises from efforts to expand the jurisdiction of the religious courts.
Third, the state administrative court system resolves matters pertaining to the
decisions of government officials. In addition, the Taxation Review Board adjudicates
taxation disputes. Other administrative courts were eliminated as part of the government’s
effort to simplify and standardize the court system.
Fourth, military courts have jurisdiction over TNI (Army) members. After the 1965
coup attempt, temporary special military courts were given authority to try military personnel
and civilians alleged to be involved in the abortive coup. Hundreds of sentences ranging
from 20 years’ imprisonment to death were meted out by the special military courts, with
executions occurring more than two decades after the event. The DPR has included a
provision in a draft military law that would require all military personnel accused of
nonmilitary crimes to be investigated by civilian prosecutors and tried by the civil court
system. The military leadership opposed this provision, and it is still being debated. Another
court, the Corruption Crimes Court (Tipikor Court), was established in 2003 to confront
widespread corruption in Indonesia, especially in cases of financial loss to the state and as a
deterrent to future corruption. In 2006, however, the Constitutional Court ruled that the
Tipikor had no legal basis and gave the DPR and the government until December 2009 to
pass a law to justify the court’s continued existence. Tipikor was allowed to continue to
function during this period, and in September 2009 the DPR complied with appropriate
enabling legislation, thus ensuring the court’s constitutionality.
3. After reading the article, please decide the statements below as true or false!
1. Supreme Court shall present advice to the government and lower courts when
needed;
2. Kidnapping and torturing someone will be prosecuted on state administrative court;
3. The case of rebellion in 1965 is the reason why the House of Representative (DPR)
made a submission for provision in the establishment of military court;
4. Muslims and Indonesia government never have any problem dealing with the influence
and area of jurisdiction of religious court;
5. Except the Taxation Review Board, other unnecessary administrative courts were
abolished by the government to make them easier to do illegal activities freely;
6. The Constitutional Court never pressed an issue about legal basis on the Corruption
Crimes Court (Tipikor Court) until 2009;
7. International law, modern Indonesian civil law, and customary law are the sources of
courts of general civil and criminal jurisdiction;
8. Tipikor Court was established in 2003 and disbanded in 2006;
9. Religious court solves cases for Muslims, for instance marriage and divorce
10.Civil and criminal court in Indonesia was stained with corruption and bribery.
4. Key words
1.Abortive Coup : kudeta yang gagal
2. Administrative Regulations: undang-undang administrasi
3. Appellate : naik banding
4. Civilians : warga sipil
5. Corruption Crimes Court : Pengadilan Tindak Pidana Korupsi
6. Debated : diperdebatkan
7. Department of Justice and Human Rights : Kementrian Hukum
dan HAM
8. Financial Loss : kerugian finansial; kerugian keuangan
9. Guidance : pedoman; petunjuk; bimbingan
10.Half-Hearted : setengah hati; ragu-ragu; lemah
11.Judicial Reform : reformasi peradilan
12.Judicial Review : peninjuauan ulang
13.Local Regulations : peraturan daerah 1
14.Lower Courts : pengadilan tingkat rendah
15.Standardize : membakukan; menstandarisas
