The Indonesian Legal System and Legal Research--LEGAL EDUCATION20110318
The Indonesian Legal System and Legal Research By Alamo D. Laiman, Dewi Savitri Reni, Ronald Lengkong, Sigit Ardiyanto
Alamo D. Laiman completed his first law degree from Parahyangan Catholic University in 2003. He obtained an LL.M. in Corporations Law from New York University School of Law in 2009 as one of the Hauser Global Scholars. Alamo is admitted in all courts in Indonesia and has previously worked for Baker & McKenzie Indonesia, Christian Teo & Associates Law Offices and a private equity fund based in South East Asia.
Dewi Savitri Reni received her LL.M in intellectual property at the University of California, Berkeley. She is a Fulbright Scholar and a member of the New York Bar. She currently works at Soewito Suhardiman Eddymurthy Kardono.
Ronald Lengkong is an associate at the Law Office of Barry Silberzweig, P.C. in New York, NY. He holds a B.A. degree in Philosophy from Driyarkara School of Philosophy, an LL.B. from Faculty of Law University of Indonesia, and LL.M in corporate law from NYU School of Law as Hauser Global Scholar. He is a member of New York Bar.
Sigit Ardianto is a senior associate lawyer at DNC Law Firm, Indonesia. He completed his first law degree from State University of Padjadjaran in 2003 and attended the Enterprise and Investment Lawyers Course held by IDLO in Rome, 2007. He obtained an LL.M. in Comparative Legal Thought from Cardozo School of Law, New York, in 2009 as a Dean?s Merit Scholar. His law articles have been published in local and international journals and media.
Published September 2009
Table of Contents
Overview of Indonesian Law (including history)
Dutch Era
Japanese Era
Independence Era
Reform Era
Notes, References and Resources
Separation of Powers
Executive
Central Government
Departments & Ministry
Non Department Government Institutions Independent Bodies
Regional Government
Provincial Government
District Government
Judiciary
Hierarchy
Supreme Court
Appellate
District
Types of Courts
General
Industrial Relations Dispute Court Fishery
Religion
Administrative
Military
Tax
Constitutional
Legislative
Central
MPR
DPR
DPD
Regional – SA
Provincial HOR
City HOR
Sources of Law
Written Laws
Constitution
Acts/Government Regulation in Lieu of Act Government Regulation
Presidential Decree
Regional Regulation
Unwritten Laws
Custom
Adat Law
Syariah Law Principles
Doctrine
Jurisprudence
Legal Profession
Overview of Indonesian Law (including history)
An extremely vast archipelago of more than 13,667 islands, Indonesia is home for at least 300 ethnic and sub-ethnic groups. Over 668 languages and dialects are native to Indonesia. For centuries before its exposure to Western civilization, each group had developed its own customary law, officially called adat law (hukum adat), and almost all were influenced by Hinduism, Buddhism, and Islam. Not to a lesser degree, Islamic law is also a parallel independent legal system.
Dutch Era
In 1512 the Portuguese established its trade connection in Indonesia. They introduced Roman Catholicism, left few vocabularies that remain in the national language “Bahasa Indonesia” and local dialects spoken in the chain of Spice Islands of Maluku, and these particularly had political and cultural significance in East Timor or Timor Leste, which was part of Indonesia from 1976 to 1999.
Yet it is the Dutch who established the Roman-Dutch civil law legal system to facilitate its trade and political-economic interest. This era of 350 years comprises of a period of exclusive trade by a company with a maritime power- the Dutch East India Company or Vereenigde Oost-Indische Compagnie (VOC) starting in 1596, and a period of official colonization by the Dutch starting in early 1800. In the latter period Indonesia was referred to as the Netherlands East Indies. It should be noted however, that the Dutch did not dominate the whole archipelago at the same time, but slowly. The longest presence of three and a half century was in Jawa Island. Aceh, on the other hand, is among the shortest. Resistance from local kingdoms and communities were the strongest factor. The British ruled for a short period from 1811-1816 but did not make significant changes to the existing legal system for this purpose.
Facing the diversities of Indonesians, the Dutch popularized the use of Malay language throughout Indonesia. This language later evolved into “Bahasa Indonesia”. Roman script was used as official writing system. The Dutch did not deal with or govern the Indonesians directly, but through the aristocrats and the oriental settlers. Accordingly, population was divided into three classes: the Europeans to whom codified civil law was applicable, the foreign Orientals to whom part of civil law system controlled, and the indigenous to which Adat law and Islamic law rules applied. The segregation was in the area of commerce, land, family, inheritance, and
most of private or civil laws. Quite differently, the criminal legal system was once dualistic, for Indonesians and Europeans, but in 1918 it was unified.
Administration of justice was extended to the Islamic indigenous Indonesians at a minimum degree relative to the rest of the populations. The first legislation relating to application of Islamic law was the 1882 Royal Decree establishing Priest Court in the islands of Jawa and Madura with jurisdiction over family and inheritance law. The following list of major legislations set the social and legal policy in the Netherlands East Indies:
?Civil Code or Burgerlijk Wetboek voor Indonesie S. 1847-23 (Kitab Undang-undang Hukum Perdata).
?Commercial Code of 1847 or Wetboek van Koophandel voor Indonesie S.1847-23 (Kitab Undang- undang Hukum Dagang).
?The rules of civil and criminal procedure: the Herziene Inlandsch/Indonesisch Reglement or
HIR (S.1848-16, as amended afterwards) was applicable to indigenous Indonesians in Jawa and Madura, and Rechtsreglement Buitengewesten or Rbg (S.1927-227) for those indigenous in other Indonesian territories. Separate set of rules, the Reglement op de Burgerlijke Rechtsvordering or RBRv (S.1847-52, S.1849, 63, as amended afterwards) was applicable to European population.
?Criminal Code or Wetboek van Strafrecht voor Indonesie S. 1915-732(Kitab Undang-undang
Hukum Pidana).
Note: the codified laws are heavily, if not translated, influenced or derived from the French codified laws as a result of French occupancy of the Netherlands during the Napoleonic Wars.
These legislations are available at http://legislasi.mahkamahagung.go.id.
Japanese Era
Propelled by acquisitive motive for war supplies the Japanese entered Indonesia relatively easy due to their ability to fit in with the political trend of the time. Introducing themselves as “the leader, protector, light of Asia” and “older brother”, the Japanese?s true legacy was the creation of opportunities for indigenous Indonesians to participate in politics, administration, and the military. This period of exploitation (1942-1945) under Japanese martial law caused serious
hardship but also set the positive political circumstances leading to the declaration of independence on August 17, 1945.
Independence Era
Modern and Independent Indonesia was established pursuant to the 1945 Constitution (Undang Undang Dasar 1945). Transitional Provision Article I and II of the 1945 Constitution states that all legislations and institutions from the colonial period remain valid and in place until they are revoked and replaced. On that ground, not surprisingly, most colonial legislations are still valid with revocations of particular articles or body of law even until now.
As in any other country, political trend shapes the development and characters of Indonesian legal system. The independence era can be classified as: Early independence era, Guided Democracy (Demokrasi Terpimpin), New Order (Orde Baru) and Reformation Era (Reformasi). Early independence era was characterized with arm conflicts against the former colonial ruler and struggles to overcome separatist movements. In fact, the 1945 Constitution was replaced by the 1949 Constitution of Federations (or United States) of Indonesia from 1949 to 1950 and by the 1950 Provisional Constitution from 1950 to 1959. Not until the Guided Democracy era was the development of a national legal system taken seriously.
During President Soekarno?s administration as the Supreme Leade r of Revolution (Pemimpin Besar Revolusi), the Basic Agrarian Law of 1960 (Undang-undang Pokok Agraria) was enacted.
It unifies dualistic substantive adat and codified civil law concerning land law into one system.
It revokes the relevant part of Civil Code or Burgerlijk Wetboek voor Indonesie S. 1847-23 (Kitab Undang-undang Hukum Perdata) as far as land is concerned, and is still in effect to present.
Post World War II competition between leading ideologies affected Indonesia due to the perceived spread of communism which was considered a threat to Indonesia due to Indonesia?s official ideology namely the five principles (Pancasila), but more specifically the first principle “Believe in one and only God”. In this historical context, the beginning of New Order era was drawn. Since the second Indonesian President Soeharto took office, several legislations were enacted with the view of further developing the national legal system:
?Law No. 14/1970 on Judicial Powers (Undang-undang Pokok Kehakiman).
?Marriage Law of 1974 (Undang-undang Perkawinan 1974) with its elaboration in Implementing Regulation No. 9/1975 on Marriage Law.
?Law No. 8 of 1981 on Criminal Procedure (Kitab Undang-undang Hukum Acara Pidana).
This law replaced the Herziene Inlandsch/Indonesisch Reglement(HIR) and Rechtsreglement Buitengewesten (Rbg) as far as criminal procedure is concerned.
?Law of Religious Court of 1989. Serving as non authoritative but important resource is Compilations of Islamic Law (Kompilasi Hukum Islam) authored by government officials in the Ministry of Religion and Supreme Court Judges in 1991 on family, inheritance, wakaf (religious foundation), and shadaqah (religious donation or tithe).
?Various legislations concerning commercial activities such as Banking Law of 1992 as amended in 1998, Company Law of 1995, and Capital Market Law of 1995 among others, supplements the Commercial Code of 1847 or Wetboek van Koophandel voor Indonesie S.1847-23.
However, New Order era had its downsides. With the view to stabilize ideological and political unrests and unruly competitions, a set of legislations and institutions, including the infamous Anti Subversion Law of 1969, was put in place. Additionally, the judiciary was consistently marginalized and stripped of its power as an equal branch of the government. Administration of justice was conducted by the executive branch: the Department of Justice covered general courts of first instance and appeals, the Department of Religious Affairs covered religious courts, and the Department of Defense covered the military courts.
Violation of human rights was one of several issues that drew worldwide criticism. The Judiciary lost its respect in the eyes of the public. Corruption, collusion, and nepotism were fairly associated with the executive, judiciary, and legislative branch of the government.
Creation of National Commission on Human Rights (Komisi Nasional Hak Asasi Manusia) with Law No. 7/1993 did not solve the systemic and manpower problems in New Order government. When the opposing powers gained the momentum, President Soeharto resigned in May 1998, and a new era started.
Reform Era
Since the resignation of former President Soeharto until now, the 1945 constitution has been amended 4 times, in October 1999, August 2000, November 2001, and August 2002. Among other things, these amendments deal with far reaching issues such as limitation of power and term of office of the President; decentralization o f central government?s authority to provincial and regional governments; and creation of additional state bodies such as House of Regional Representative (Dewan Perwakilan Daerah), Constitutional Court (Mahkamah Konstitusi), and Judicial Commission (Komisi Yudisial).
Anti Subversion Law of 1969 was repealed in 1999. Law No. 39/1999 was enacted, giving the preexisting National Commission of Human Rights an independent status, equal to other state bodies.
Most importantly, pursuant to Law No. 4/2004 on Judicial Powers that repealed Law No.
14/1974 as amended by Law No 35/1999, the Supreme Court assumes all organizational, administrative, and financial responsibility for the lower courts from the Department of Justice and Human Rights, Department of Religious Affairs, and Department of Defense. One roof system of administration of justice under the Supreme Court was finally created.
Accordingly amendments to preexisting legislations are consistently made to fit in the new political framework and administration of justice.
Notes, References and Resources
For reference and further research of the foregoing, please find the following links:
?Federal Research Division of the Library of Congress, “A Country Study: Indonesia” at https://www.360docs.net/doc/cc888226.html,/frd/cs/idtoc.html
?Hikmahanto Juwana (Chief Editor), “Legal System in Indonesia (Legal System in ASEAN,
2005)” at https://www.360docs.net/doc/cc888226.html,/legal-indonesia.html
?Statistics Indonesia (Biro Pusat Statistik) at www.bps.go.id
?Timothy Lindsey (Editor), “Indonesia: Law and Society”. Review of the book in Melbourne
University Law Review is available at https://www.360docs.net/doc/cc888226.html,.au/au/journals/MULR/1999/21.html
?Under Secretary for Public Diplomacy and Public Affairs, Bureau of East Asian and Pacific
Affairs of the US Department of State “Background Note: Indonesia” at https://www.360docs.net/doc/cc888226.html,/r/pa/ei/bgn/2748.htm#history
Separation of Powers
Indonesia adopts democracy which means that sovereignty is vested in the people and implemented pursuant to a rule of law. The basic rule of law is represented in the Indonesian constitution, i.e., the Principle Laws of 1945 (“1945 Constitution”). It divides the power
horizontally by making a separation of powers into equal functions of state institutions which control each other based on checks and balances system. These functions, although not strictly so, are generally ascribed to executive, legislative, and judicative power which suggested the adoption by Indonesia of trias politica.
The executive power is held by the President and Vice President which are elected directly by the people in a general election every five years. The President is both the head of state and the head of government. The President may appoint ministers heading departments or ministries as his aides in the government.
The legislative power is held by the House of Representative (Dewan Perwakilan Rakyat –“DPR”) and the Senate (Dewan Perwakilan Daerah –“DPD”) who are chosen through general elections every five years which also hold equal position towards other state institutions. DPR?s power extends beyond the narrow interpretation of legislating or lawmaking. It also holds the budgeting authority and the more important function of representing the people in supervising the executive power. This is exemplified by the right to conduct interpellation, i.e., questioning the executive on an aspect of government policy and the requirement that the President should obtain its approval in entering into international treaties that substantially affects the people?s livelihood and to declare war. To supplement DPR?s supervisory role, an independent audit agency called the Financial Audit Agency (Badan Pemeriksa Keuangan –“BPK”) with an authority clearly represented by its name, is formed.
DPD, Indonesia?s version of the senate, acting independently, is weaker than its parliamentary counterpart with authorities confined to preparing bills and making recommendations (without voting or legislative power to enact them) related to issues of regional autonomy, relationship and economic balances between central and regional power, formation, expansion, and merger of regions, management of natural and other economic resources. Its supervisory function is limited to handing the result of the supervision to DPR.
On several authorities, the DPR and DPD congregate as People?s Consultative Assembly (Majelis Permusyawaratan Rakyat –“MPR”) which consists of the members of DPR and DPD. Among the functions of these authorities is the amending of the 1945 Constitution, appointing President and/or Vice President in the case of vacancy in the position, inaugurating the President and/or Vice President, and to impeach the President and/or Vice President in accordance with the 1945 Constitution. With the existence of MPR as a separate entity, jurist ascribed Indonesia?s legislative power to “tricameralism” (as opposed to “bicameralism”).
The judicative power developed as one system which culminated at the Supreme Court and the Constitutional Court, both independent of each other. The Constitutional Court?s authority in conducting judicial reviews over laws and in adjudicating whether the President and/or Vice President has violated the law, by conducting treason, corruption, bribery, etc., which is
required before DPR can propose impeachment of the President, demonstrates its checks and balances function.
Separation of powers, checks and balances among the powers, as well as protection of human rights indicates Indonesia?s adoption of the modern conception of constitutionalism.
A good source of research on separation of powers of modern Indonesia are Konstitusi dan
Konstitusionalisme(Constitution and Constitutionalism) (2004) and Konsolidasi Naskah UUD 1945 Setelah Perubahan Keempat(Consolidation of the 1945 Constitution after the Fourth Amendment) (2002), both books written by Jimly Asshiddique, former Chief Justice of the Indonesian Constitutional Court, and Panduan Pemasyarakatan Undang-undang Dasar Negara Republik Indonesia Tahun 1945 (1945 Constitution Socialization Guidelines) (2008), issued by MPR, all written in Bahasa.
Executive
Central Government
In Indonesia, the power of the Executive Branch is vested in the Office of the President. The Office of the President is the central government. It has the power to manage national affairs and, under the Constitution, it is responsible for relations of Indonesia with other foreign nations.
The central government of Indonesia consists of the President, the Vice President, and the Cabinet members. Under the Constitution, the President is the head of state and head of government, as well as the Commander-in-Chief of the armed forces. As the head of state, the President represents the country at official ceremonial events. As the head of government, the President acts as the top administrative leader that manages the daily government activities.
The Constitution requires the President and the Vice President to be an Indonesian citizen since birth and to have never held other citizenship. The President and the Vice President are elected for five-year terms by direct vote of the people. Before 2004, the People?s Consultative Assembly chose the President and the Vice President. It should be noted that the First Amendment to the Constitution, ratified on November 19, 1999, limits the president and the vice president to two terms of office.
The Constitution describes the specific conditions under which the Vice President is empowered to take over the office of the President. The Vice President will replace the President in the event that the President dies, resigns, is impeached, or unable to perform the presidential duties. In the case where the Vice President becomes the President, the Peop le?s Consultative Assembly shall convene a special session to elect a new Vice President from a list of two candidates proposed by the President. The rationale of this is because the Constitution does not allow the office of the Vice President to remain vacant for more than 60 days.
The Constitution also specifies the order of succession after the vice president. At present, should both the president and vice president vacate their offices; the Minister of Foreign Affairs, the Minister of Internal Affairs, and the Minister of Defense shall assume the Office of the President temporarily. Then, in the next thirty days, the Parliament shall choose the next President and Vice President from the two candidates nominated by the political parties whose candidates were the winner and the runner-up in the past presidential election.
The Constitution also provides for the President to be impeached and removed from the office if the President is viewed unfit to perform his duties and has committed crimes such as corruption or treason against the state. In addition, the Parliament can summon the Supreme Court to try the President and ask the Constitutional Court to look into the matter. In a case like this, the President would be given the chance to defend himself/h erself before the People?s Consultative Assembly decides to impeach him/her or not.
Departments & Ministry
The Constitution of the Republic of Indonesia, as amended, stipulates that the President has the constitutional power to name and remove Ministers, Secretaries, Attorney General, and Commander of Police and Armed forces. The collection of those top high-ranking advisers to the President and Vice President shall be addressed collectively as the Cabinet.
The Cabinet headed departments consist of the following members:
Non Department Government Institutions
Beside the departments and ministries, there are several non-departmental government institutions (Lembaga Negara Non Departemen or LPND) which are established by and responsible to the President.
The LPNDs are coordinated through the ministries and departments. These institutions are established by virtue of various Presidential Decrees in the past; but since 2001, they have been renamed, reorganized, abolished or established by a single Presidential Regulation, which is amended from time to time solely for this purpose and lastly by the Presidential Regulation No. 11 of 2005 on Fifth Amendment on Presidential Decree No. 103 of 2001 on Stance, Undertaking, Function, Authority, Organizational Structure and Administration of Non Department Government Institutions (“PR 11 2005”).
Under PR 11 2005, there are 22 agencies which are coordinated through the ministries and departments. The following is a list of these agencies and their respective websites [1]:
?National Institute of Public Administration (Lembaga Administrasi Negara or LAN): https://www.360docs.net/doc/cc888226.html,n.go.id/
?National Archive of Republic of Indonesia (Arsip Nasional Republik Indonesia or ANRI): http://www.anri.go.id/
?National Civil Service Agency (Badan Kepegawaian Negara or BKN):
http://www.bkn.go.id/inforenglish.php
?National Library of Republic of Indonesia (Perpustakaan Nasional Republik Indonesia or PERPUSNAS): http://www.pnri.go.id/home/idx_en.asp
?National Planning and Development Agency (Badan Perencanaan Pembangunan
Nasional or
BAPPENAS): http://www.bappenas.go.id/
?Centre of Statistic Agency (Badan Pusat Statistik or BPS): http://www.bps.go.id/aboutus/
?National Standardization Agency of Indonesia (Badan Standardisasi Nasional or BSN): http://www.bsn.or.id/index.php?&language=en
?Nuclear Energy Supervisory Agency (Badan Pengawas Tenaga Nuklir or BAPETEN): http://www.bapeten.go.id/
?National Atomic Energy Agency (Badan Tenaga Nuklir Nasional or BATAN)
http://www.batan.go.id/en2008/
?National Intelligence Agency (Badan Intelijen Negara or BIN)
?National Cryptogram Agency (Lembaga Sandi Negara or LEMSANEG)
?National Coordination of Family Planning Agency (Badan Koordinasi Keluarga
Berencana
Nasional or BKKBN): http://www.bkkbn.go.id/
?National Agency of Space Flight (Lembaga Penerbangan Antariksa Nasional or LAPAN): https://www.360docs.net/doc/cc888226.html,pan.go.id/
?National Coordinating Agency for Surveys and Mapping (Badan Koordinasi Survei dan Pemetaan Nasional or BAKOSURTANAL)
?Financial and Development Supervisory Agency (Badan Pengawasan Keuangan dan Pembangunan or BPKP): http://www.bpkp.go.id/
?Indonesian Science Agency (Lembaga Ilmu Pengetahuan Indonesia or LIPI):
http://www.lipi.go.id/
?Technology Review and Application Agency (Badan Pengkajian dan Penerapan Teknologi or
BPPT): http://www.bppt.go.id/
?Investment Coordinating Board (Badan Koordinasi Penanaman Modal or BKPM): http://www.bkpm.go.id/
?National Terrestrial Agency (Badan Pertanahan Nasional or BPN): http://www.bpn.go.id
?National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan or BPOM):
http://www.pom.go.id/e_default.asp
?National Tenacity Institute (Lembaga Ketahanan Nasional or LEMHANNAS):
http://www.lemhannas.go.id/v2/index.php/english/Home.html
?Meteorology and Geophysics Agency (Badan Meteorologi dan Geofisika or BMG):
http://www.bmg.go.id/
Independent Bodies
In addition to the LPNDs, other institutions are formed by Laws and Presidential Regulations as independent bodies. Sometimes, a law is promulgated to specifically establish the agency (e.g., the National Narcotic Agency was formed by virtue of Presidential Decree No. 116 of 1999 on National Narcotic Agency as amended by Presidential Decree No. 17 of 2002) and sometimes they are formed as part of Law to support the underlying policy (e.g., the Disaster Management Agency was established by virtue of Law No. 24 of 2007 on Disaster Management). On other occasions, these independent bodies are mandated by the Constitution as in the case of Judicial Committee and General Election Commission.
The independent bodies are established as agencies, commissions, committees, state-owned legal entity (BHMN) or state-owned business enterprises (BUMN), depending on the type of work they are mandated to carry. Most of these bodies are responsible to the President and they often work closely with the respective executive branch, while others with the House of Representatives.
The following is the list of these independent bodies:
?General Election Commission (Komisi Pemilihan Umum or KPU): http://www.kpu.go.id
?Judicial Commission (Komisi Yudisial): http://www.komisiyudisial.go.id/
?National Law Committee (Komisi Hukum Nasional): http://www.komisihukum.go.id/
?Indonesian Ombudsman (Ombudsman Republik Indonesia):
http://www.ombudsman.go.id/index.php/home.html
?Presidential Advisory Committee (Dewan Pertimbangan Presiden or DPP)
?National Committee of Human Rights (Komisi Nasional Hak Asasi Manusia or
KomNasHAM): http://www.komnasham.go.id/portal/en
?Truth and Friendship Committee (Komisi Kebenaran dan Persahabatan or KKP) [in relation
to East Timor]
?Sidoarjo Mudflow Management Agency (Badan Penanggulangan Lumpur Sidoarjo)
?National Commission on Violence Against Women (Komisi Nasional Perempuan or Komnasperempuan): http://www.komnasperempuan.or.id/
?Indonesian Child Protection Commission (Komisi Perlindungan Anak Indonesia): http://www.kpai.go.id/
?Corruption Eradication Committee (Komisi Pemberantasan Korupsi or KPK):
http://www.kpk.go.id/modules/news/index.php?lang=english
?Indonesian Police Committee (Komisi Kepolisian Indonesia or KKI):
https://www.360docs.net/doc/cc888226.html,/
?Public Attorney Commission (Komisi Kejaksaan)
?National Narcotic Board (Badan Narkotika Nasional or BNN): http://www.bnn.go.id/
?Supervisory Committee of Business Competition (Komisi Pengawas Persaingan Usaha or KPPU): http://www.kppu.go.id/baru/index.php
?Bank Indonesia or BI: www.bi.go.id/web/en
?Indonesian Financial Transaction Reports and Analysis Centre (Pusat Pelaporan dan Analisis Transaksi Keuangan or PPATK): http://www.ppatk.go.id/index_eng.php
?Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan or LPS): http://www.lps.go.id/v2/home.php
?Indonesian Export Financing Institution or Indonesian EximBank (Lembaga Pembiayaan Ekspor Indonesia or LPEI)
?Executive Agency for Upstream Oil and Gas Activity (Badan Pelaksana Kegiatan Usaha Hulu
Minyak dan Gas Bumi or BPMIGAS): https://www.360docs.net/doc/cc888226.html,/English/Default.asp
?Managing Agency for Downstream Oil and Gas Activity (Badan Pengatur Hilir Minyak dan
Gas Bumi or BPH Migas)
?National Information and Communication Technology Council (Dewan Teknologi Informasi
dan Komunikasi Nasional or DeTIKNas)
?Indonesian Telecommunication Regulatory Body (Badan Regulasi Telekomunikasi Indonesia
or BRTI): http://brti.or.id/index_en.php
?Indonesian Broadcasting Commission (Komisi Penyiaran Indonesia):
http://www.kpi.go.id/
?National Film Review Agency (Badan Pertimbangan Perfilman Nasional or BP2N)
?Film Censor Agency (Lembaga Sensor Film): http://www.lsf.go.id/
?National Agency of Professional Certification (Badan Nasional Sertifikasi Profesi)
?National Agency of Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia or BNP2TKI):
http://www.bnp2tki.go.id/
?National Transportation Safety Committee (Komite Nasional Keselamatan Transportasi or
KNKT): http://www.dephub.go.id/knkt/
?Disaster Management Agency (Badan Nasional Penanggulangan Bencana or BNPB): http://www.bakornaspb.go.id/website/
Regional Government
Provincial Government
District Government
Judiciary
One court of general jurisdiction and three courts of limited but special jurisdiction (religious, military, administrative court) are outlined in Law No. 4/2004 on Judicial Powers (Undang-undang Pokok Kehakiman tahun 2004).
Hierarchy
General information such as name and address of the Supreme Court as well as Court of Appeals and Court of First Instance of general jurisdiction and special jurisdictions, are listed under “Direktori Pengadilan” window at the Supreme Court official website http://www.mahkamahagung.go.id/
Supreme Court (Mahkamah Agung)
The Constitutional Court and the Supreme Court form the judicial branch of the government.
Elaborating the 1945 Constitution, the Law No. 14/1985 as amended by Law No. 5/2004 states the powers and organization of the Supreme Court. While the Constitutional Court has the power to determine constitutionality of Law (Undang-Undang), the Supreme Court has power of judicial review over legislative products or legislation lower than the Law.
It has oversight over the court of appeals and courts of first instance. It can hear a cassation appeal (kasasi) which is a final appeal from these lower courts. It can also conduct a case review or reexamination of a case (Peninjauan Kembali) if certain requirements are satisfied.
It has supreme jurisdiction covering general court and special courts.
Supreme Court judges are selected by the Judicial Committee, appointed by the People?s Representative Council (Dewan Perwakilan Rakyat), the legislature, and confirmed by the President. There are 60 supreme justices and one of them serves as chief justice.
Court of Appeals
High Court (Pengadilan Tinggi)
The appeal from the District Court is heard before the High Court. There is one in each province and special region.
Religious High Court (Mahkamah Islam Tinggi)
It hears appeals from Religious Court.