Definition and Function of Judicial Institutions
Judicial Institutions - Definition, Power, (MA), (MK), Judicial, Duties, Functions: Judicial power is closely related to the other two powers (Legislative and executive) and is closely related to individual rights and obligations.
Definition of Judicial Power
Judicial power is closely related to the other two powers (legislative and executive) and closely related to individual rights and obligations. While the Judiciary is an institution of judicial power that holds full power to administer the judiciary, not least in Indonesia.
Definition of Judicial Power
Judicial power is the power held by citizens to supervise the implementation of the law through its representatives who sit in the institution of the Supreme Court (MA). This institution acts as a social control tool, the implementation of which is carried out on institutions of executive power.
This institution has the authority to reprimand, advise, or provide suggestions to the government in relation to the implementation of the GBHN and the legislative product's product laws.
This judicial institution is independent, meaning that its power is not restricted, either by the executive or the legislative body, but is limited by the Pancasila and the 1945 Constitution as the basis of the state which is the source of all legal norms that apply in Indonesian society / state.
Judicial power or the so-called judicial power, that is, the power to administer justice to uphold law and justice. This power is held by the Supreme Court (MA) and the Constitutional Court (MK)
as affirmed in Article 24 paragraph (2) of the 1945 Constitution which states that judicial power is exercised by the Supreme Court and judicial bodies below it in the general court, religious court, military court, state administrative court, and by the Constitutional Court .
Judicial Power in Indonesia
Azaz is independent of the judiciary (independent judiciary) also known in Indonesia. That is contained in the explanation (Articles 24 and 25) of the 1945 Constitution concerning judicial power which states: "Judicial power is an independent power, meaning that it is independent of the influence of governmental power. In connection with that, guarantees must be made in the Law regarding the position of Judges.
However, in the period of guided democracy there has been a deviation of the principle of freedom of the judiciary as stipulated in the 1945 Constitution, namely by the issuance of Law No. 19 of 1964 concerning the basic provisions of judicial power, which in Article 19 of the Law states:
"In the interest of the revolution, the honor of the state and nation or the interests of the people who are pressing, the president can participate or intervene in matters of court".
In the general explanation of the Act it is stated that "the Politica trias do not, have any place at all in Indonesian National law" because we are in a revolution, and it goes on to say that "the Court is not free from the influence of executive power and the power to make laws.
The Judiciary power has the authority to interpret the contents of the law as well as impose sanctions for any violations thereof. Judicial functions that can be specified in the following list of legal issues:
Criminal law (petty offense, misdemeanor, felonies)
Civil law (marriage, divorce, inheritance, child care)
Constitution law (issues surrounding interpretation of the constitution)
Administrative law (the law governing state administration)
International law (international agreement).
Judiciary Institution
Power in the Government of Indonesia has long been applied, this is to maintain a fair government and far from political monopolies. Therefore, a high state institution has been created which has the role to carry out the tasks and authority in their respective fields.
Despite having different duties and authorities, the country's high institutions have the same position and position. High state institutions have complementary functions.
Supreme Court (MA)
The Supreme Court (MA) is a high state institution in the Indonesian constitutional system which is the holder of judicial power together with the Constitutional Court and is free from the influence of other branches of power. The Supreme Court oversees the judiciary within the general court, the religious court, the military court, the state administrative court.
The composition of the Supreme Court
The Supreme Court consists of a leader, a member judge, a registrar, and a secretary. The leaders and judges of members of the Supreme Court are Supreme Court justices. the highest number of judges is 60 (sixty).
Supreme Court Judge
At the Supreme Court there are a maximum of 60 Supreme Court Justices. Supreme Court justices can come from career systems or non-career systems. Prospective Supreme Court Justices are proposed by the Judicial Commission to the House of Representatives, to then get approval and be appointed as Supreme Court justices by the President. The task of the Supreme Court Judge is to hear and decide cases at the Cassation level.