A Critical Review of Indonesian Judicial System

Azhari Yahya

《律師法學期刊》 6期 (2021/06) Pp. 1-25

摘要

The 1945 Constitution is a basic law upon which every law and regulation should be based. Since the 1945 Constitution is supreme, all laws and regulations should be in line with it. Indonesia's complex justice system evolved from three inherited sources of law, namely customary law (traditionally the basis for resolving interpersonal disputes in the village environment), Islamic law (sharia) often applied to settle disputes between Muslims, and Dutch colonial law which is formally used to resolve general legal disputes. In accordance with the 1945 Constitution, the judicial power in Indonesia is carried out by the Supreme Court and the Constitutional Court. The Supreme Court is the highest institution that holds judicial power within the Republic of Indonesia. The Supreme Court represents judicial power which oversees the judiciary in general court, religious court, state administrative court, and military court. In accordance with the provisions of Article 25 of Law Number 48 Year 2009 concerning Judicial Power, there are four judicial bodies currently exist in Indonesia namely general judiciary, religious judiciary, state administrative judiciary, and military judiciary. All these judiciaries are under the supervision of the Supreme Court. The Constitutional Court holds a power to conduct judicial review of all the laws that contradict with the 1945 Constitution, both materially and formally. If it is found the laws are contradicting with 1945 Constitution, those laws are void.

關鍵字

review ； Indonesian ； judicial system