INDONESIA LEGAL SYSTEM AND PROCEDURES IN
ENFORCEMENT OF CIVIL CASE JUDGMENT
By: Ms Nur Aslam Bustamam
PRELIMINARY:
Based on Article 2 paragraph (1) of Act 48 Year 2009 on the Judicial
Power Justice is done for the sake of justice in the name of God and under
the provisions of Article 11 paragraph (1) of the Act determined that the Court
adjudicate cases by arrangement Assembly judge of at least 3 (three) judges,
unless the Act provide another ;
Based on the Article 11 (1) of Act 48 Year 2009 on Judicial Power The
Bench is composed of a Chief Justice and two Judges or more as the Act
said and for the court hearing the bench assisted by a Registrar or a person
assigned to work as a Registrar ;
According to Article 18 of Law 48 Year 2009 on Judicial Power in
relation to Article 25 paragraph (1) of the Act, the Judicial Authority carried
out by a Supreme Court and the Courts and they are Public Courts, Religion
Courts, Military Courts, State Administrative Courts and Constitutional Court;
According to Article 25 paragraph (2) of Act 48 Year 2009 on Judicial
Power the authority of General Court is to adjudicate criminal and civil cases
in accordance under the provisions of laws and regulations;
Under Article 25 and Article 27 paragraph (1) of Act 48 Year 2009 on
Judicial Power a special court can be formed under the Supreme Court and
the provisions regarding the establishment of the special court in accordance
with Article 27 paragraph (2) of Act 48 Year 2009 on Judicial Power
stipulated in the Act: the Commercial Court for Bankruptcy, Suspension of
Payment cases and Intellectual Property Rights cases such as Copyrights,
Trademark, Patent, Industrial Design, Integrated Circuit;
All the decision from the Indonesian court can be open to public base
on Act No.14 Year 2008 on Public Information Disclosure, Supreme Court
Decision of the Republic of Indonesia Number 1-144/KMA/SK/I/2011 on
Court Information Service and Supreme Court Decision of the Republic of
Indonesia Number 026/KMA/SK/II/2012 on Standard of Court Services .
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CAPACITY BUILDING AND TRAINING OF JUDICIAL OFFICER, RECENT
DEVELOPMENT AND INNOVATIONS IN ENFORCEMENT OF CIVIL
JUDGMENTS:
Renewal and supporting functions referred to the blue print of the
Supreme Court since 2010 and closely connected with the Judge, Registrar,
Secretary and Court Bailiffs are strengthening through the Resources dan
Development of the Supreme Court who manage knowledge (knowledge
management) through research and analysis as the basic for the verdict
through the existing rule of law, the decision is legally binding and has been
classified and supporting literature resources, strengthening human
resources through research and training, facilities and infra structure,
including information technology;
Since 2003 Indonesia Supreme Court (namely Mahkamah
Agung/MA) have the policy paper of permanent Judicial Education System
Reform and since that time we have Judicial Training Models for Judicial
Officer: A. Comparison with other country (initial training model in the civil law
legal system with France and the Netherland, In service training model in
the common law legal system with United States of America and Australia,
Integrated Training Institute model in Japan), B. External factor affecting the
success of Judicial Training (1.Legal Education System in general)- 2.work
culture within the internals of a court -3.infra structure and financial resources
-4.Status of members of the Judiciary as Civil Servants.
Training Organization for the Judiciary are usually autonomous or
semi autonomous institutions, be it under the coordination of the supreme
court, a special internal body within the supreme court or under the auspice
of the Ministry of Justice or an independent Judicial Commision;
For stucture of training institute both Center for Reseach and
Development (namely Puslitbang/Diklat) MA and Center for Reseach and
Development (namely Puslitbang/Diklat) Ministry of Justice and Human
Right/Depkeh & HAM have always been established as work units at a level
equivalent to echelon II in the respective institution.
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EXTERNAL RELATIONS AND COOPERATION (BILATERAL
/MULTILATERAL):
External relation and cooperation (bilateral/multilateral) can be made
with Center for Reseach and Development (namely Puslitbang/Diklat) MA
and Center for Reseach and Development (namely Puslitbang/Diklat)
Ministry of Justice and Human Right/Depkeh & HAM to strengthen capacity
building, training of judicial officer and innovations in recent development of
civil judgments enforcement or with The Supreme Court’ Chief Justice related
tho the legal issues, for example: implementation of court decisions outside
Indonesia must go through the Supreme Court, can not be straight to the
judge or panel of judges who are handling the case because it would violate
the rules of the Judicial Code of Conduct number 4 (being independent) and
number 7 (upholding the dignity) and it referred by the