Legal Literacy - The judicial system in Indonesia is divided into two types: general courts and special courts. Each has a different focus and authority to handle cases. Understanding the differences is important to ensure proper access to justice for the public.
General Courts
General courts are courts authorized to adjudicate all criminal and civil cases that are not within the authority of special courts. These courts have a hierarchical structure consisting of:
General courts in Indonesia are divided into 3 levels, namely:
1. District Court
- Level: First
- Position: In the city or regency capital
- Jurisdiction: Covers the area of the city or regency
- Authority: Adjudicates criminal and civil cases at the first instance
2. High Court
- Level: Appeals
- Position: In the provincial capital
- Jurisdiction: Covers the provincial area
- Authority: Adjudicates appeal cases from district courts within its jurisdiction
3. Supreme Court
- Level: Cassation and Judicial Review (PK)
- Position: In Jakarta
- Jurisdiction: The entire territory of Indonesia
- Authority: Adjudicates cassation and judicial review cases from high courts throughout Indonesia
Special Courts
Special courts are established to handle specific cases that require special expertise and regulations that differ from general courts. Here are some examples of special courts:
1. State Administrative Court
- Authority: resolves cases related to the relationship between citizens and government agencies or officials.
- Case examples: business license disputes, lawsuits against state administrative decisions, and others.
- Structure: possesses a hierarchical structure comprising the Supreme Administrative Court (MATUN), the High Administrative Court (PTTUN), and the Administrative Court (PTUN).
2. Military Court
- Authority: resolves criminal cases committed by members of the Indonesian National Armed Forces (TNI).
- Case examples: desertion, maltreatment, and others.
- Structure: consists of the High Military Court (Mahmilti), the High Military Tribunal (Dilmilti), and the Military Tribunal (Dilmil).
3. Religious Court
- Authority: resolves cases pertaining to marriage, inheritance, and endowments (wakaf).
- Case examples: divorce, polygamy, and others.
- Structure: consists of the Religious Chamber of the Supreme Court of the Republic of Indonesia (MA RI), the High Religious Court (PTA), and the Religious Court (PA).
4. Corruption Court
- Authority: resolves cases of criminal acts of corruption.
- Case examples: bribery, embezzlement of state funds, and others.
- Structure: is established in several regions in Indonesia with a structure similar to the District Court.
5. Commercial Court
- Authority: resolves cases related to commerce and bankruptcy.
- Case examples: sales disputes, bankruptcy claims, and others.
- Structure: is established in several regions in Indonesia with a structure similar to the District Court.
6. Human Rights Court
- Authority: resolves cases of gross human rights violations.
- Case examples: cases of genocide, torture, and others.
- Structure: is ad hoc in nature and is formed when there are cases of gross human rights violations that need to be tried.
Main Differences General Courts and Special Courts
The main difference between general courts and special courts lies in their authority. General courts have general authority to adjudicate all criminal and civil cases that do not fall under the authority of special courts. Meanwhile, special courts only have the authority to adjudicate certain cases that have been stipulated in the law.
To make it easier to understand, here is a table of differences between general and special courts:
[ninja_tables id="10406"]Considerations for the Establishment of Special Courts
The establishment of special courts is based on several considerations, including:
- Case complexity: Certain cases, such as corruption and terrorism, have a high degree of complexity, requiring special expertise from judges and prosecutors.
- Efficiency and effectiveness: Special courts are expected to resolve cases more efficiently and effectively than general courts.
- Justice: Special courts are expected to provide more appropriate justice for those seeking justice.
Concerns Regarding Special Courts
Despite having several advantages, the establishment of special courts also raises several concerns, including:
- Potential fragmentation of law: The establishment of special courts can lead to fragmentation of law and inconsistency of decisions.
- Potential abuse of authority: Concerns arise that special courts may be misused for certain interests.
- High cost: The establishment and operationalization of special courts requires high costs.
Conclusion
General courts and special courts have an important role in the justice system in Indonesia. Understanding the differences is important to ensure appropriate access to justice for the community. Continuous evaluation of the existence and performance of special courts needs to be carried out to ensure that they provide benefits to the community.
References:
- Differences Between General and Special Courts: https://nasional.kompas.com/read/2022/03/09/01450001/perbedaan-peradilan-umum-dan-khusus
- Types of Courts in Indonesia: https://www.hukumonline.com/berita/a/jenis-jenis-pengadilan-di-indonesia-lt632b89fb2e76e/
- Special Court - Wikipedia, the Indonesian Free Encyclopedia: https://id.wikipedia.org/wiki/Pengadilan_Khusus
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