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Journal articles on the topic 'Supreme Court of Indonesia'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Krisyulaeni. "EKSISTENSI PEMBERLAKUAN SISTEM E-COURT DALAM PERADILAN TATA USAHA NEGARA DI INDONESIA." Yustitia 7, no. 2 (2021): 209–23. http://dx.doi.org/10.31943/yustitia.v7i2.140.

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The massive rate of technological development that is happening in Indonesia today, has led various judicial bodies in all parts of the world, including Indonesia to then begin to adopt and take advantage of these technological developments. The procurement of e-court itself began to be implemented after the Supreme Court Regulation Number 3 of 2018. PTUN which stands for the term State Administrative Court is one of the judicial institutions in Indonesia whose position is under the Supreme Court. The Supreme Court itself has made various efforts through convenience in terms of administrative

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2

Arinanto, Satya. "Constitutional Court in Indonesia." Jurnal Hukum & Pembangunan 26, no. 5 (2017): 387. http://dx.doi.org/10.21143/jhp.vol26.no5.1071.

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This idea is a reflection of the aspiration of the lndonesian people to build up a democratic and justice society. The problem is where is the position of this institution in our state structure? The author express the alternative outlook that place "Pengadilan Tata Negara" (as the translation of Constitutional Court) under the Supreme Court and paralel with the four courts sub-system; not separate from the Supreme Court which is used the term "Mahkamah Konstitusi" as the other translation of the word Constitutional Court. To make this idea come true, the House of People's Representative (DPR)

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3

Purkon, Arip, Ahmad Hidayat Buang, and Mohd. Hafiz Jamaludin. "The Role of Supreme Court Jurisprudence in Development of Islamic Family Law in Indonesia." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 9, no. 2 (2022): 362–76. http://dx.doi.org/10.32505/qadha.v9i2.4111.

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The development of Islamic family law is carried out in all countries where the majority of the population is Muslim. New ideas in the field of Islamic family law are generally stated in the form of legislation. In Indonesia, the final court decision in the field of Islamic family law decided with the judges of Indonesian Supreme Court. The decision of Supreme Court judge will be jurisprudence. This study aims to examine the role of Supreme Court's jurisprudence in development of Islamic family law. The research conducted was library research. This study concluded: First, Judges of the Supreme

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4

Zainal Abidin. "Position and Authority of the Constitutional Court in the Constitutional System of the Republic of Indonesia." JUSTICES: Journal of Law 2, no. 4 (2023): 221–27. http://dx.doi.org/10.58355/justices.v2i4.38.

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The Constitutional Court is the only institution with the same position as the Supreme Court, which means that these two courts are the two highest institutions in the judiciary. The Supreme Court is influenced by the Constitutional Court's status as an independent state institution in the judicial sector. Previously, the Supreme Court, which supervised other courts, was the highest institution, but after the establishment of the Constitutional Court, justice was organized by the judiciary. Even with the existence of the Constitutional Court, the power of the Supreme Court in terms of judicial

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5

Wicaksono, Dian Agung, and Faiz Rahman. "Influencing or Intervention? Impact of Constitutional Court Decisions on the Supreme Court in Indonesia." Constitutional Review 8, no. 2 (2022): 260. http://dx.doi.org/10.31078/consrev823.

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The third amendment of Indonesia’s 1945 Constitution, conducted in 2001, had significant implications for the nation’s judiciary. It transformed the judiciary from a single to a dual structure. Consequently, there are two apexes of the judiciary: the Supreme Court and the Constitutional Court. Furthermore, the establishment of the Constitutional Court divided judicial review authority between the two apex courts. The Constitutional Court can review laws against the Constitution, while the Supreme Court has the power to review whether regulations, made under laws, contradict such laws. Although

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6

Handoyo, Samuel Tirta, and Cut Memi. "KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN." Jurnal Hukum Adigama 2, no. 2 (2019): 646. http://dx.doi.org/10.24912/adigama.v2i2.6581.

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One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regula

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7

Negara, Dharma Setiawan, Husban Husban, Samuel Dharma Putra Nainggolan, and Lufsiana Lufsiana. "REORGANIZATION OF THE TAX COURT WITHIN THE STATE ADMINISTRATIVE COURT POST CONSTITUTIONAL COURT DECISION NO 26/PUU-XXI/2023." IBLAM LAW REVIEW 3, no. 2 (2023): 234–41. http://dx.doi.org/10.52249/ilr.v3i2.323.

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Pursuant to Article 24 paragraph (2) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) it is stated that judicial power is exercised by a Supreme Court and judicial bodies under it within the realm of general courts, religious courts, military courts, state administrative courts and by a Constitutional Court. Based on Article 1 number 8 of Law Number 48 of 2009 Concerning Judicial Power (UU 48/2009) there is a special court that has the authority to examine and hear and decide on certain cases which can only be formed within one of the judic

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8

Bachmid, Fahmi Hafid, and Ahmad Yulianto Ihsan. "POLA DAN MEKANISME PENGISIAN JABATAN HAKIM AGUNG PADA MAHKAMAH AGUNG REPUBLIK INDONESIA MENURUT SISTEM KETATANEGARAAN INDONESIA BERDASARKAN UUD 1945." PALAR | PAKUAN LAW REVIEW 8, no. 1 (2022): 374–400. http://dx.doi.org/10.33751/palar.v8i1.4309.

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AbstrakSalah satu cara untuk menjamin independensi lembaga peradilan maupun hakim, UUD 1945 mengatur sedemikian rupa proses dan mekanisme pengisian jabatan hakim agung, yaitu dengan menyerahkan pengusulan calon hakim agung kepada suatu organ konstitusional yang independen yaitu KY yang dibentuk berdasarkan UUD 1945. Latar belakang pemberian kewenangan pengusulan calon hakim agung kepada KY, tidak terlepas dari pengalaman pengangkatan hakim agung sebelum perubahan UUD 1945 berdasarkan Undang-Undang Nomor 14 Tahun 1985 tentang Mahkamah Agung yang menentukan bahwa hakim agung diangkat oleh Presid

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Azmi, M. Hijratul, Amiruddin, and Rina Khairani Pancaningrum. "The Existence of Supreme Court Regulation of the Republic of Indonesia No. 02 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code Towards the Law Enforcement Process." RESEARCH REVIEW International Journal of Multidisciplinary 9, no. 6 (2024): 214–23. http://dx.doi.org/10.31305/rrijm.2024.v09.n06.027.

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This research aims to analyze the position of Supreme Court Regulation No. 02 of 2012 in determining minor offenses in the criminal law enforcement process and to analyze the binding force of Supreme Court Regulation No. 02 of 2012 in law enforcement practice. The research method used is normative legal research with statutory and conceptual approaches. The research results show: 1) Supreme Court Regulation No. 2 of 2012 concerning the Adjustment of the Limitation of Minor Offences and the Amount of Fines in the Criminal Code is not included in the hierarchy of Laws and Regulations, but the Su

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A Arief, Supriyadi, Sofyan Piyo, Ramadhan Usman, Janwar Hippy, and Irlan Puluhulawa. "The Practice Of Deligitimization Decisions Court Due to The Intersection Of Judicial Review in Indonesia." Journal of Law and Policy Transformation 9, no. 2 (2024): 264–77. https://doi.org/10.37253/jlpt.v9i2.10120.

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The Post-Decision Intersection Between the Supreme Court and the Constitutional Court in Indonesia. The Constitutional Court Decision No. 70/PUU-XXII/2024 and the Supreme Court Decision No. 23/P/HUM/2024, both addressing the age eligibility requirements for candidacy in the 2024 simultaneous regional elections, have reignited tensions between two branches of judicial power. This tension is further exacerbated by the decision of the House of Representatives (DPR), through a Working Committee meeting, to favor the Supreme Court’s ruling. This study aims to analyze the extent of the intersection

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Maizal, Arif Zunzul, Yusnita Eva, and Syaiful Marwan. "Kewarisan Beda Agama dalam Putusan-Putusan Hakim di Indonesia." Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum 20, no. 2 (2022): 143–55. http://dx.doi.org/10.32694/qst.v20i2.1927.

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This study aims to examine cases of inheritance from different religions that have been decided by the Religious Courts, High Religious Courts, and the Supreme Court in Indonesia. Inheritance from different religions can be classified into inheritance from Muslim heirs to non-Muslim heirs and inheritance from non-Muslim heirs to Muslim heirs. This study uses a judicial case study approach by examining five decisions, consisting of two religious court decisions, two cassation decisions, and one Supreme Court jurisprudence. This study shows that in cases of inheritance from non-Muslim heirs to M

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12

Huis, Stijn Cornelis van. "Creating Legal Unity in a Rapidly Changing World: Indonesia and the Netherlands Compared." E3S Web of Conferences 426 (2023): 02111. http://dx.doi.org/10.1051/e3sconf/202342602111.

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Confronted with rapid and complex changes in the digital era, both the Indonesian and Dutch Supreme Court have been granted the powers of providing legal solutions at an early stage of the legal process. The Dutch Parliament introduced the Law on Prejudicial Questions whereas the Indonesian Supreme Court reinstated the chamber system. Each year, pressing legal issues are discussed by the Supreme Court judges in the chambers and the legal solutions published in a circular (Surat Edaran Mahkamah Agung, SEMA) as guidelines to be followed by lower courts. In this paper we compare both ‘legal short

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13

Widjatmiko, Kusuma Febry Puspitasari, and Yunanto. "IMPLEMENTATION OF THE DECISION OF THE 416 SUPREME COURT OF THE REPUBLIC OF INDONESIA ON HEIR GRANTS." Awang Long Law Review 6, no. 2 (2024): 417–21. http://dx.doi.org/10.56301/awl.v6i2.1175.

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The decision of the Supreme Court of the Republic of Indonesia 225K/SIP/1960 discusses the implications of heir grants in the context of Indonesian law. This ruling may outline the legal considerations and interpretations given by the Supreme Court to cases relating to heir grants in 1960. However, because I do not have direct access to the contents of the ruling. In a general context, Supreme Court decisions often serve as an important guide for legal practitioners in understanding and applying law in Indonesia.

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14

Taqiyya, Zidny, Asropi, and Ratri Istania. "Human Resources Management Strategy in the Military Justice Environment: Study of State Civil Apparatus Management at the High Court of the Supreme Court of the Republic of Indonesia." International Journal of Science and Society 5, no. 5 (2023): 298–320. http://dx.doi.org/10.54783/ijsoc.v5i5.889.

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The Supreme Court is a judicial institution vested with authority to exercise judicial power in four separate branches of the judiciary, namely the General Courts, Religious Courts, Administrative Courts, and Military Courts. The Military Court, in particular, serves as the judicial body responsible for upholding the law and justice for members of the Indonesian National Armed Forces (TNI). Unlike the other three branches of the judiciary, the Military Court system consists of three appellate courts and one main court. The existence of these four courts is governed by Law Number 31 of 1997 on

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15

Siregar, Muhammad Yusuf. "IMPLEMENTASI PERATURAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR 1 TAHUN 2016 TENTANG PROSEDUR MEDIASI DI PENGADILAN (Study Putusan Pengadilan Agama Rantauprapat No. No.487/Pdt.G/2020/PA-RAP Jo Putusan Pengadilan Tinggi Medan No.73/Pdt.G/2020/PTA-MDN)." JURNAL ILMIAH ADVOKASI 8, no. 2 (2020): 72–81. http://dx.doi.org/10.36987/jiad.v8i2.1854.

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This study aims to analyze the legal aspects of the implementation of the Supreme Court Regulation No. 1 of 2016 on Mediation Procedures in Courts (Study of Rantauprapat Religious Court Decision No. 487 / Pdt.G / 2020 / PA-RAP Jo Medan High Court Decision No. 73 / Pdt.G / 2020 / PTA-MDN. This research is Normative Empirical, which is research by looking at conditions in the field by linking the source of laws and regulations in force in the Republic of Indonesia. The benefits that will be received from the results of this study are to find out and analyzing the legal position of the Supreme Co

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16

Maskanah, Ummi. "TANTANGAN DALAM PEMBAHARUAN SISTEM PERADILAN MELALUI PERKEMBANGAN TEKNOLOGI: E-COURT DAN E-LITIGASI SEBAGAI SARANA MENUJU PERADILAN MODEREN DI INDONESIA." Jurnal Hukum Mimbar Justitia 9, no. 2 (2023): 235. http://dx.doi.org/10.35194/jhmj.v9i2.3776.

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Futuristically people are reluctant to settle their cases through the Courts. Not It is not uncommon for sharp criticism to be raised that the judiciary is considered slow and long, very expensive and unresponsive to justice, formalistic and technical (rechnically), and less uptodate, so that it is less efficient and effective, making it difficult for the public to obtain justice through the courts. Obtaining justice through the courts. Technological developments are utilized by the Supreme Court as a solution and at the same time to implement the principle of simple, fast, and light cost. Thi

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Sri Anggraini Kusuma Dewi. "Legal Arrangements Regarding Dispute Resolution Through Mediation In Civil Cases." YURISDIKSI : Jurnal Wacana Hukum dan Sains 20, no. 1 (2024): 66–72. http://dx.doi.org/10.55173/yurisdiksi.v20i1.230.

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Settlement of land disputes can be done through mediation or a peace process, meaning that the parties to the dispute submit the resolution to a mediator to achieve a fair final result, without wasting huge costs. The requirement to carry out mediation applies to court case processes, both in general and religious courts. One of the provisions of article 2 of the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court is that the provisions that must not be ignored are that the decision is null and void if the mediation procedure is not carried out based on the Repub

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18

Ulfa, Rusda, Asasriwarni Asasriwarni, and Zulfan Zulfan. "SISTEM PERADILAN ISLAM DI BAWAH WILAYAT AL-FAQIH: KAJIAN KOMPARATIF ANTARA IRAN DAN INDONESIA." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 10, no. 2 (2024): 319–46. https://doi.org/10.24952/almaqasid.v10i2.14110.

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This study examines the influence of the Wilayat al-Faqih principle on the Islamic judiciary system in the Islamic Republic of Iran and compares it to the religious court system in Indonesia. The focus is on how Shia Imamiyyah doctrine shapes Iran's legal and judicial structures, including the Supreme Court and Revolutionary Courts, highlighting the strong interplay between religion and politics. Conversely, Indonesia separates religious authority from the state, with its religious courts under the Supreme Court and free from political ideologies. A qualitative descriptive method, based on pri

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Peremana, I. Made Widi Adi, A. A. Sagung Laksmi Dewi, and Ni Made Sukaryati Karma. "Tinjauan Yuridis Pengajuan Permohonan Peninjauan Kembali pada Perkara Pidana dalam Sistem Hukum Indonesia." Jurnal Preferensi Hukum 1, no. 2 (2020): 99–105. http://dx.doi.org/10.22225/jph.1.2.2347.99-105.

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The study of this research is the submission of requests for reconsideration in criminal cases in the Indonesian legal system which became a polemic after the issuance of the Constitutional Court Decision Number 34 / XI-PUU / 2013 and Circular Letter of the Supreme Court (SEMA) Number 7 of 2014 concerning Submission of Reappeals in Cases Criminal. The research objectives to be achieved, in this case, are the regulation of legal reconsideration efforts in Indonesia and the procedure for submitting a request for review in the Indonesian system. Researchers use a normative juridical approach or l

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Wati, Herina, Tan Kamello, and Marlia Sastro. "The Development of Procedural Law Through the E-Court System After Pandemic in Indonesia." Veteran Law Review 6, SpecialIssues (2023): 15–27. http://dx.doi.org/10.35586/velrev.v6ispecialissues.4957.

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Technological developments and Covid 19 Pandemic "forced" the Supreme Court (MA) to make breakthrough in procedural law, namely by launching E-Court application, through MA rules Number 3 of 2018 which was exchanged for rules Number 1 of 2019 concerning Case Administration and Trial in E-Courts. E-Court is instrument in court for service of case registration depositing case money to court summons and trial and online delivery of court documents. This study aims to analyze and provide an overview to public of breakthroughs made by the MA for Development of Procedural Law through e-court system.

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Siswajanthy, Farahdinny, Edi Rohaedi, and H. Abid. "Mediation as an Alternative Dispute Resolution in Religious Court Systems in Indonesia." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (2019): 370. http://dx.doi.org/10.18415/ijmmu.v6i5.1121.

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Mediation is one of the most flexible alternatives of dispute resolution since mediating a dispute can be conducted through non-litigation means. In other words, it can be carried out by involving a complete absence of lawsuit in a court of law, or through litigation after the dispute is submitted to the court of law. The legal basis for mediation in the Supreme Court is regulated in the Supreme Court Regulations (Perma) Number 1 Year 2016 on The Procedure of Mediation in the Supreme Court as part of the revision process from the Supreme Court Regulations Number 1 Year 2008. In this case, the

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Suharsono, A., and N. Prasetyoningsih. "Effectiveness of e-litigation in religious courts in Indonesia." BIS Humanities and Social Science 1 (October 20, 2024): V124022. https://doi.org/10.31603/bishss.201.

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The Indonesian Supreme Court has implemented an e-court for efficient, fast, low-cost trial processes. However, its Effectiveness in religious courts is lower than in district and state administrative courts, prompting a study for improvement recommendations. This socio-legal research uses a legal substance, structural, and cultural approach, using primary and secondary data, after being collected and analyzed using systematic content analysis in a polyangulation manner. The results showed that the Effectiveness of e-litigation in religious courts was influenced: First, aspects of legal struct

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Siswajanthy, Farahdinny, and Abid . "GUGATAN SEDERHANA DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH DI INDONESIA." PALAR | PAKUAN LAW REVIEW 7, no. 2 (2021): 147–59. http://dx.doi.org/10.33751/palar.v7i2.3737.

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ABSTRAKSengketa ekonomi syariah diselesaikan di pengadilan agama sesuai dengan Undang-Undang Nomor 50 Tahun 2009 tentang Perubahan Kedua Atas Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama, Peraturan Mahkamah Agung Nomor 2 Tahun 2008 tentang Kompilasi Hukum Ekonomi Syariah (KHES) dan Peraturan Mahkamah Agung Nomor 14 Tahun 2016 tentang Tata Cara Penyelesaian Perkara Ekonomi Syariah, dimana penyelesaian sengketa ekonomi syariah tersebut biasa disebut dengan gugatan biasa dan dianggap tidak efektif dan efisien, karena penyelesaian sengketanya memakan waktu yang lama sebagai akibat dari

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Suadi, Amran. "Court Decision Publication and Judicial Reform Based on Electronic Court and Its Implication to Public Trust in Indonesia." Journal of Social Sciences Research, no. 64 (April 5, 2020): 365–73. http://dx.doi.org/10.32861/jssr.64.365.373.

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This paper is motivated by the spirit of judicial reform in Indonesia in the reformation era. The right to access information on judicial institutions is an integral part of the constitutional rights that guaranteed by the Indonesian Constitution and must be fulfilled. The question proposed in this paper is how far the court decisions publication and judicial reform based on electronic courts implicated to increase public trust to judicial institutions in Indonesia? On the one hand, public information disclosure is a demand for democracy, transparency, and accountability of judicial institutio

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Suryanto, Ade, and Rizqy Pratama Putra. "RANCANG BANGUN SISTEM INFORMASI KEARSIPAN PADA BAGIAN KEARSIPAN DAN DOKUMENTASI MAHKAMAH AGUNG RI." INTI Nusa Mandiri 15, no. 1 (2020): 73–80. http://dx.doi.org/10.33480/inti.v15i1.1441.

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The Indonesian Supreme Court Archives and Documentation Sub-Section requires an information system that supports and provides satisfactory services for archivists, because the current system is still operated conventionally and has not been computerized. The Supreme Court of the Republic of Indonesia as a judicial institution that applies a modern judicial body, currently records management is still using the manual method, namely by using paper. This can cause several problems including corrupted or lost archive data and spending a lot of time in the process of collecting new records. The bes

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Putra, Dedi. "A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING." Jurnal Hukum dan Peradilan 9, no. 2 (2020): 275. http://dx.doi.org/10.25216/jhp.9.2.2020.275-297.

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The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform

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Kusumadara, Afifah. "PEMAKAIAN HUKUM ASING DALAM HUKUM PERDATA INTERNASIONAL: KEWAJIBAN DAN PELAKSANAANNYA DI PENGADILAN INDONESIA." Arena Hukum 15, no. 3 (2022): 443–70. http://dx.doi.org/10.21776/ub.arenahukum.2022.01503.1.

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This article is reviews the application of foreign law by Indonesian courts as governed by the Indonesian Private International Law (PIL). The review is based on Acts and regulations related to PIL, case-laws, and text-books on PIL. The result demonstrates that Indonesian judges often do not implement the principle of iura novit curia in the application of foreign law; ignore foreign elements in their cases; and keep applying Indonesian law even though the rules of Indonesian PIL lead to the foreign law. Therefore, the Bill of Indonesian PIL shall be passed and enacted soon so that there are n

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Candra, Regina Cyrilla. "THE USE OF JURISPRUDENCE IN INDONESIAN LAW COURT AS A CIVIL LAW COUNTRY." Problematika Hukum 6, no. 1 (2024): 53. http://dx.doi.org/10.33021/ph.v6i1.5154.

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<p>Jurisprudence refers to the decisions made by earlier judges regarding cases that are not covered by the law and which serve as a model for later judges when deciding cases of a like nature. The Supreme Court is an entity with judicial authority in Indonesia and has the authority to publish rulings. As a civil law country, Indonesian law courts do not use jurisprudence as a main legal source. Court judgments under this system are predicated on pertinent laws and regulations, such as the 1945 Constitution, MPR Decrees, Laws, Government Regulations, Presidential Decrees, Supreme Court,

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Al-Fatih, Sholahuddin. "MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI." Jurnal Ilmiah Hukum LEGALITY 25, no. 2 (2018): 247. http://dx.doi.org/10.22219/jihl.v25i2.6005.

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Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to revi

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MOSEPA, ANDRI, AGUS ABDUR RAHMAN, and FEBRIANSYAH ROZARIUS. "PEMBANGUNAN ZONA INTEGRITAS DI PENGADILAN TATA USAHA NEGARA TANJUNGPINANG / DEVELOPMENT OF THE INTEGRITY ZONE IN TANJUNGPINANG ADMINISTRATIVE COURT." Jurnal Hukum Peratun 1, no. 2 (2018): 183–202. http://dx.doi.org/10.25216/peratun.122018.183-202.

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Lembaga pengadilan harus mendapatkan kepercayaan penuh dari masyarakat Indonesia dengan mewujudkan proses peradilan ke dalam suatu proses yang sederhana, cepat dan dengan biaya yang ringan tanpa mengesampingkan ketelitian dan kecermatan dalam mencari kebenaran dan keadilan. Salah satu hal yang dapat membantu mewujudkan hal tersebut adalah dengan penerapan Reformasi Birokrasi serta pelaksanaan Pembangunan Zona Integritas Menuju Wilayah Bebas dari Korupsi dan Wilayah Birokrasi Bersih dan Melayani. Pada tahun 2018, Mahkamah Agung RI melalui Sekretaris Mahkamah Agung RI menunjuk Pengadilan Tata Us

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Fitri, Winda, Shelvi Rusdiana, and Windi Regina Anggia Putri. "PERMASALAHAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA: STUDI KOMPARATIF." JURNAL HUKUM MEDIA JUSTITIA NUSANTARA 14, no. 1 (2024): 53–70. http://dx.doi.org/10.30999/mjn.v14i1.2938.

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Over time, there has been a surge in interfaith marriages between men and women, which has led to a number of social and legal challenges. The Indonesian Conference on Religion and Peace (ICRP) registered 1,655 interfaith weddings from July 19, 2023, and 2005. The year 2023 has drawn significant attention, particularly after the South Jakarta District Court approved interfaith marriages by referring to Article 35, Letter A of Law No. 23 of 2006. Supreme Court Circular Letter No. 2 of 2023, which offers guidance for judges in making decisions pertaining to the registration of marriages between

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Robuwan, Rahmat. "REDISTRIBUSI KEKUASAAN NEGARA DAN HUBUNGAN ANTAR LEMBAGA NEGARA DI INDONESIA." PROGRESIF: Jurnal Hukum 12, no. 1 (2018): 2056–82. http://dx.doi.org/10.33019/progresif.v12i1.957.

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The relationship between state agencies basically can not be separated from the system used by the state government itself. Indonesia as a country that adopts a presidential government certainly has a pattern of distribution of power, although theoretically the presidential government system power state agency separate (separation of power), but the relationship between institutions is not a relative. The mechanism of checks and balances of power destribusi state institutions. Before the amendment, the agency is the State Supreme People's Representative Coun

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Sano, Sano, Anggawira Anggawira, and Suhandi Cahaya. "Penerapan Sistem Kamar di Mahkamah Agung Republik Indonesia dalam Rangka Meningkatkan Profesionalisme dan Kualitas Putusan para Hakim Agung." Syntax Literate ; Jurnal Ilmiah Indonesia 8, no. 7 (2023): 5412–24. http://dx.doi.org/10.36418/syntax-literate.v8i7.13258.

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At the end of December 2016, the Supreme Court (MA) issued Circular Letter (SEMA) No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court. The agreement on the results of the formulation of new plenary legal rules of this chamber has been held every year since 2012, especially judicial technical discussions in handling cases in each chamber of the Supreme Court. So, this Chamber System is based on the specialization of the field of law mastered by each Supreme C

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Felicia, Felicia. "Kedudukan Mahkamah Konstitusi Dalam Sistem Hukum Ketatanegaraan Indonesia." Jurnal Indonesia Sosial Teknologi 3, no. 5 (2022): 573–85. http://dx.doi.org/10.36418/jist.v3i5.422.

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In the Indonesian constitutional law system, it is known as the Constitutional Court, which is a high state institution which is the holder of judicial power together with the Supreme Court. It can be said there are two actors of judicial power, namely the Constitutional Court and the Supreme Court. The problem in this article is what is the position and authority of the Constitutional Court in the Indonesian constitutional law system. The Constitutional Court here has an equal and high position with the Supreme Court, which means that no one has a position below it. The authority of the Const

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Hidayati, Tri, Ajeng Hijriatul Aulia, and Risna Wendy Wiraganti. "The Application Of The Principle Of Judges Freedom On SEMA Number 2 Of 2023." Al-Adl : Jurnal Hukum 16, no. 1 (2024): 103. http://dx.doi.org/10.31602/al-adl.v16i1.12790.

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This study aims to determine the position of the Supreme Court Circular Letter in the judicial system in Indonesia and the binding force of Supreme Court Circular Letter Number 2 of 2023 concerning Guidelines for Judges in Handling Applications for Registration of Marriages of Different Religions (Supreme Court Circular Letter number 2 of 2023) on the freedom of District Court judges in handling applications for registration of marriages of different religions in Indonesia. This research is normative legal research, using statutory and conceptual approaches and analyzed using content analysis

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Suparto, Suparto. "The Problematics Implementation of Law and Regulations Testing in Indonesia." Yuridika 37, no. 1 (2022): 75–92. http://dx.doi.org/10.20473/ydk.v37i1.28627.

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One of the results of the constitutional change, particularly during the 3rd amendment in 2001 is related to the arrangement of judicial powers exercised by two state institutions; the Supreme Court (MA) and the Constitutional Court (MK). Both as executors of judicial power are given different duties regarding the object of testing a statutory regulation. The Supreme Court is based on Article 24A Paragraph (1) of The Constitution of 1945 relating to the authority to test the legality of statutory regulations under the law against laws, while the Constitutional Court is given the authority to e

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Subiyanto, Achmad Edi. "Mendesain Kewenangan Kekuasaan Kehakiman Setelah Perubahan UUD 1945." Jurnal Konstitusi 9, no. 4 (2016): 661. http://dx.doi.org/10.31078/jk944.

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After the Amendment of the 1945 Constitution of The Republic of Indonesia, The Judicial Power has become the most fundamentally power and also as a part of the axis of power which its function is to enforce justice. According to the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power in the structure of state power, is still placed at the power that is free from intervention or influence from other power in exercising its authority. In the structure of state power, after the Amendment of the 1945 Constitution of The Republic of Indonesia, the judicial power shal

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Armia, Muhammad Siddiq, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, and Armiadi Musa. "Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?" Journal of Indonesian Legal Studies 7, no. 2 (2022): 525–56. http://dx.doi.org/10.15294/jils.v7i2.56335.

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Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Co

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Yuniar, Vania Shafira, Jihan Syahida Sulistyanti, and Dian Latifiani. "The Court Role in Providing E-court System Education to Community: Post-Enactment of Supreme Court Regulation Number 1 of 2019." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 1 (2021): 34–42. http://dx.doi.org/10.25134/unifikasi.v8i1.3697.

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The judicial system in Indonesia has now begun to adapt to the developments in information and technology to improve court case administration services which are realized through the digitization of court cases or known as the electronic justice system (e-court). E-court is a case processing service. It involves registration, payment of fees, and court summons via electronic media and online. The implementation of e-court in Indonesia is based on supreme court regulation No.1 of 2019 on Electronic case and trial administration in courts. This e-court system is designed to create an effective,

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Nisa, Ardina Khoirun. "The Effectiveness of Implementing the Supreme Court Ordinance Number 3 of 2022 on Electronic Mediation in Courts." LEGAL BRIEF 12, no. 1 (2023): 87–96. http://dx.doi.org/10.35335/legal.v12i1.731.

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The emergence of the Pandemic in Indonesia announced in March 2020 has impacted on the restrictions preventing crowds, including the implementation of the judiciary. To overcome the issues, the Supreme Court Ordinance Number 3 of 2022 comes into existence. This study aims to find out the provisions for electronic mediation in court based on Supreme Court Ordinance Number 3 of 2022 and to investigate whether the implementation of Supreme Court Ordinance Number 3 of 2022 has been implemented properly. This study employed normative legal research methods aimed at examining the content of positive

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Lailam, Tanto, and M. Lutfi Chakim. "A PROPOSAL TO ADOPT CONCRETE JUDICIAL REVIEW IN INDONESIAN CONSTITUTIONAL COURT: A STUDY ON THE GERMAN FEDERAL CONSTITUTIONAL COURT EXPERIENCES." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 10, no. 2 (2023): 148–71. http://dx.doi.org/10.22304/pjih.v10n2.a1.

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The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially

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Hanifah, Mardalena. "PERBANDINGAN TUGAS MEDIATOR PADA PENGADILAN AGAMA INDONESIA DENGAN MAHKAMAH SYARIAH MALAYSIA." ADHAPER: Jurnal Hukum Acara Perdata 6, no. 2 (2021): 101. http://dx.doi.org/10.36913/jhaper.v6i2.134.

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Article 3 (2) Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures, Case Examining Judges in the consideration of a decision must state that the case has been pursued peace through mediation by mentioning the mediator. The court is not only tasked with examining, trying, and resolving cases it receives but also seeks to reconcile the parties. The court, which has been impressed as a law enforcement and justice institution, now appears as an institution that seeks peaceful solutions for the parties. The implementation of Regulation of the

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Wardana, Dodi Jaya. "OVERCOMING DUALISM: THE IMPORTANCE OF CONSOLIDATING LAW AND REGULATION TESTING IN INDONESIA." Kanun Jurnal Ilmu Hukum 26, no. 2 (2024): 359–73. http://dx.doi.org/10.24815/kanun.v26i2.31400.

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This article highlights the significance of unifying the testing of all laws and regulations under the authority of the Constitutional Court in Indonesia. Currently, the testing of laws and regulations is divided between two state institutions, namely the Constitutional Court and the Supreme Court, resulting in dualism in the evaluation of laws and regulations. Through a normative-juridical approach, examining existing laws and theories, this article reveals that the dualism of testing laws and regulations is a problem that needs to be addressed. The problem arises from the differences in deci

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Desyanti, Desyanti, Sudarsono Sudarsono, Muchamad Ali Safa’at, and Tunggul Anshari Setia Negara. "The Original Intent of Settings Judicial Review of Local Regulations in Indonesia." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (2021): 300. http://dx.doi.org/10.18415/ijmmu.v8i9.3001.

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There are differences in the characteristics of judicial review in the Supreme Court and in the Constitutional Court in terms of the object being tested and the use of test stones that are indeed by the authority granted by the 1945 Constitution. The principle of audi et alteram partem is a general principle in the study of law, so the judicial review process in the Supreme Court which is only one-way and closed should not be carried out. This article analyzes and explores the original intent of granting judicial review authority to regional regulations at the Supreme Court. This article is no

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Yuliani, Rizki Amalia. "Legal Certainty of Suspension of Debt Payment Obligations Proceedings during The Covid-19 Pandemic Period." Jurnal Penelitian Hukum De Jure 22, no. 3 (2022): 371. http://dx.doi.org/10.30641/dejure.2022.v22.371-386.

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During the Covid-19 pandemic period, the Suspension of Debt Payment Obligations (PKPU) Proceedings at the Commercial Court in Indonesia are now carried out online. The implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online in the Commercial Court during the Covid-19 pandemic period was carried out based on the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 1 of 2019 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020. However, the implementation of Suspension of Debt Payment Obl

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Satriawan, Iwan, Farid Sufian Shuaib, Tanto Lailam, Rofi Aulia Rahman, and Devi Seviyana. "A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia." Journal of Indonesian Legal Studies 7, no. 2 (2022): 633–76. http://dx.doi.org/10.15294/jils.v7i2.60862.

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The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of exec

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Lufsiana, Lufsiana. "SOLUSI HUKUM MENGATASI MASALAH MENUMPUKNYA PERKARA DI TINGKAT KASASI MAHKAMAH AGUNG RI (Usulan Perubahan Kelima UUD RI Tahun 1945)." Perspektif Hukum 17, no. 1 (2018): 90. http://dx.doi.org/10.30649/phj.v17i1.85.

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<p><em>The accumulation of cases at the Cassation level of the Supreme Court of the Republic of Indonesia has not been resolved, even though there are internal rules that determine the deadline for case settlement for 250 days and the distribution of rooms in the environment of the Supreme Court of the Republic of Indonesia. violating the legal principle of the administration of simple, fast and low-cost justice has even opened the door of corruption, because justice seekers will try to accelerate to get a verdict on the case. This paper provides a legal solution to the problem, na

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Indra Budi Jaya, Ivan Tanoto, Muhammad Ainun Luthfi, et al. "Inovasi Teknologi Peradilan Modern (E-Court) Mahkamah Agung Republik Indonesia dalam Menjawab Tantangan Global." Faedah : Jurnal Hasil Kegiatan Pengabdian Masyarakat Indonesia 2, no. 3 (2024): 01–14. http://dx.doi.org/10.59024/faedah.v2i3.947.

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Technological innovation in the modern judicial system has become a primary focus of the Supreme Court of the Republic of Indonesia in addressing global challenges. The Supreme Court of the Republic of Indonesia has introduced the latest innovations in judicial technology to enhance the efficiency, accessibility, and fairness of judicial procedures, known as electronic courtroom or e-judiciary. The purpose of this research is to analyze the implementation of the latest innovations related to judicial technology (electronic judiciary) in the Supreme Court of the Republic of Indonesia in order t

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Rahmawati, Lidya, and Anna Erliyana. "THE SETTLEMENT OF TWO CONTRADICT RECONSIDERATION VERDICTS IN DIFFERENT CHAMBERS (CASE STUDY OF COURT’S VERDICT NUMBER 162 PK/TUN/2015 AND 1053/PDT/2019)." Journal of Law and Policy Transformation 7, no. 1 (2022): 124. http://dx.doi.org/10.37253/jlpt.v7i1.6744.

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Judicial review might be submitted by the parties as a form of objection to the judge's decision which has permanent legal force. In practice, it is possible for an object of dispute to be filed in two chambers of courts that cause two sentences with permanent legal force contradict each other as in between case Number 162 PK/TUN/2015 and 1053/PDT/2019. The two cases decide which party has the right to manage a mining business permit area, but when the two decisions are about to be executed, the two Mining Business Permit Areas between PT Pasir Prima Coal Indonesia (PT PPCI) and PT Mandiri Sej

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Suparto and Rahdiansyah. "The Settlement of Boundary Disputes Through Testing of Legislation in Indonesia." SHS Web of Conferences 54 (2018): 01003. http://dx.doi.org/10.1051/shsconf/20185401003.

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Boundary dispute is a new phenomenon that occurred in the era of regional autonomy followed by the expansion of the region. One of them occurred between Kepulauan Riau and Jambi Provinces related to Berhala Island ownership. Settlement of disputes between these two provinces took quite a long time and also caused tensions between two provinces. Actually, the government through the Ministry of Home Affairs has issued a regulation to solve the boundary problem of this area namely the Minister of Home Affairs Regulation No.1 in 2006 and No. 76 in 2012 on Guidelines for Confirmation of the Boundar

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