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Other than the Supreme Court and the Constitutional Court, Komisi Yudisial Republik Indonesia or the Judicial Commission exercise judicial authority under the Constitution. Specifically, they exist to ensure the independence of the judges and the judicial system from unnecessary intervention and involvement.
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; [1] and a tendency to deliver ...
The Supreme Court of the Republic of Indonesia (Indonesian: Mahkamah Agung Republik Indonesia) is the independent judicial arm of the state. It maintains a system of courts and sits above the other courts and is the final court of appeal. It can also re-examine cases if new evidence emerges.
Judicial review of Omnibus Law on Job Creation on 24 November 2020 [8] (later 16 December), [9] later by early July 2021 the Constitutional Court of Indonesia rejected the judicial review. [10] In November 2021, the Constitutional Court of Indonesia accepted the judicial review and declared the Omnibus Law bill “conditionally unconstitutional”.
The remaining five Australians from the infamous “Bali Nine” drug gang are “relieved and happy” to be home after Canberra struck a deal with Jakarta to end their two decades of imprisonment.
The proposal to establish the Judicial Commission was added into the amendment at the last minute and, in the view of some observers, the Commission was established in a hasty way. [3] On 13 August 2004, Law No. 22 on the Judicial Commission was promulgated and on 2 July 2005, the president officially appointed the seven members of the Commission.
A major problem for the court, like other parts of the legal system in Indonesia, is enforcement of decisions. The ability of the court system in Indonesia to have decisions enforced is sometimes quite weak and in recent years across Indonesia local officials have, in some cases, refused to abide by important decisions of the Constitutional Court.
Today, Indonesia's legal system is based on Dutch Colonial Law, Adat Law and National Law. [3] [4] After Indonesia gained independence in August 1945, it adopted the Dutch HIR as its code of criminal procedure. In 1981, Indonesia replaced HIR with the KUHAP. The KUHAP improved upon the HIR by adding adversarial features to the criminal procedure.