INDONESIA
   
Composition and structure
Court functions
Advisory functions

Name of the institution : Supreme Court of the Republic of Indonesia (Mahkamah Agung)

President :
Hon. Chief Justice Th. KETUT SURAPUTRA, President of the Supreme Court
Hon. Justice ZAKIR, President of the administrative chamber

Representative of the IASAJ :
Paulus Effendie LOTULUNG

Address :
Jalan Merdeka Utara n° 11 - 13
Jakarta Pusat 10-110
RÉPUBLIC OF INDONESIA

Phone Number :
(62) 21.720.30.75
(62) 21.34.35.41 (Court)
(62) 21.37.26.89 (Secretary's office)
(62) 21.36.75.69 (President)

Fax :
(62) 21.38.10.361

 

Composition and structure

Number of members :
44 as follows : the Chief of the Supreme Court, Deputy Chief of the Supreme Court, 6 Junior Deputy Chiefs of the Supreme Court and 36 Supreme Court Judges.

Recruitment procedures and incompatibilities :
Recruitment procedures for the Supreme Court Judges are based on a career system. Moreover, to be qualified and appointed as Supreme Court Judge, a candidate must fulfill the following qualifications :
-be an Indonesian Citizen, be devoted to Almighty God, having reached a law graduate title or another graduate title ;
-having expertise and experience in the fields of law ;
-be at least fifty years old ; having an experience of at least five years as Chief Judge of an Appelate Level Court or ten years as a Judge of an Appelate Level Court ; having dignity, being honest, just and having good manners.
However, a Supreme Court Judge, in accordance with a particular condition, has a possibility to be appointed on a non career basis, with the condition of having fifteen years of experience in the field of law.

Internal organization :
- Chief of the Supreme Court and Deputy Chief of the Supreme Court ;
- Six Junior Deputy Chiefs, each deputy having an obligation to deal with problems of a specific field of law (Private Law, Private Law and Customs Affairs, General Public Law Affairs, Religious Judicial Affairs, Administrative Judicial Affairs and Military Judicial Affairs) ;

Publications :
- " Jurisprudensi Indonesia", a publication of the collection of the important Supreme Court decisions ;
- " GEMA PERATUN", an administrative law magazine ;
- "VARIA PERADILAN", essays on various fields of law, court decisions and regulations concerning court procedures.

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Court functions

Jurisdiction :
The Supreme Court has a jurisdiction on four branches of the judicature : the general courts of justice, the islamic courts of justice, the military courts of justice, the administrative courts of justice.

Organization of the courts system :
The general courts of justice : the district court as the first instance, the High Court as the court of appeal, the Supreme Court for cassation.
The islamic courts of justice : the islamic court as first instance, the Islamic High Court as the court of appeal, the Supreme Court for cassation.
The military courts of justice : the military court, as the first instance for personnel of the armed forces from soldiers to the rank of captain ; the High Military Court as the court of appeal and as the first instance for the rank of major to general ; the Military Supreme Court as the court of appeal for personnel from the rank of major to general ; the Supreme Court for verdicts of all Military Courts.
The administrative courts of justice : the administrative court as the first instance, the Administrative High Court as the court of appeal or second instance, the Supreme Court for the cassation. .

Powers of the Judge :
The Supreme Court has the duty and jurisdiction to examine and make decision on :
- petitions for cassation ;
- disputes concerning the competence of the courts authority to try a case ;
- petitions for re-examination of a court's decision that has force of precedent.

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Advisory functions

Existence and extent of an advisory authority :
The Supreme Court gives legal advice to the President of the Republic of Indonesia as the head of State in the context of granting or denying pardon ("grasi"), and gives legal opinion to other High State organs, in cooperation with the government. The Supreme Court acts as a supervisor to legal advisors and notaries.

Authority and publicity of the advisory opinions :
The publication of the Supreme Court advisory opinions can be authorized directly by the Chief of the Supreme Court. In highly important occasions, the publication of advisory opinions has to be authorized by the plenary council (Majelis Pleno) of the Supreme Court, which is composed of all the Supreme Court judges.

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