INDONESIA LAW AND PRACTICE Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
ABNR Counsellors at Law Graha CIMB Niaga 24th Floor Jl. Jend. Sudirman Kav. 58 Jakarta 12190 Indonesia Tel: +62 21 250 5125/5136 Fax: +62 21 250 5001
Email: info@abnrlaw.com Web: www.abnrlaw.com
1. Legal System 1.1 Legal System and Judicial Order The Indonesian legal system adopts the civil law system, where statutory law constitutes the primary source of law. While judicial precedents may be considered by judges in rendering deci - sions, they do not carry binding authority as they do in common law systems. The basic organisation of the judicial order in Indonesia is structured under the authority of the Supreme Court ( Mahkamah Agung ) and consists of four branches of courts, each with a two-tiered structure (first instance and appellate level), as follows. • General Court ( Peradilan Umum ), which has jurisdiction over civil and criminal cases involving the general public. • State Administrative Court ( Pengadilan Tata Usaha Negara ), which has jurisdiction over disputes arising from state administrative decisions (eg, issuance of government per - mits or sanctions).
• Religious Court ( Pengadilan Agama ), which has jurisdiction over personal and family law matters for Muslims (eg, marriage, divorce and inheritance). • Military Court ( Pengadilan Militer ), which has jurisdiction over criminal offences committed by members of the military. In addition to the Supreme Court, Indonesia also has the Constitutional Court ( Mahkamah Konsti- tusi ), which functions as a judicial body of first and final instance, with decisions that are final and binding. The Constitutional Court has juris - diction over the following matters: • judicial review of laws against the constitu - tion; • disputes concerning the authority of state institutions; • disputes regarding the results of general elec - tions; • the dissolution of political parties; and • the impeachment of the president or vice president.
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