According to the 1945 Constitution, the obligations and authority of the Supreme Court are:
The authority to adjudicate at the cassation level, examine the statutory provisions under the Act, and have other powers granted by the Act
Submitting 3 members of the Constitutional Justice
Give consideration in terms of the President giving clemency and rehabilitation.
Constitutional Court
The Constitutional Court (MK) is a high state institution in the Indonesian constitutional system which is the holder of judicial power together with the Supreme Court.
Obligations and Powers of the Constitutional Court
Based on the provisions in article 24 paragraph (2) of the 1945 Constitution the Constitutional Court is one of the actors of judicial power other than the Supreme Court. Judicial power is an independent power to administer justice to uphold law and justice.
Thus, the Constitutional Court is a judicial institution, as a branch of judicial power, which hears certain cases which become its authority based on the provisions of the 1945 Constitution.
Based on Article 24C paragraph (1) of the 1945 Constitution which is reaffirmed in Article 10 paragraph (1) letters a through d of Law 24/2003, the authority of the Constitutional Court is:
Examine the law against the 1945 Constitution;
Decide upon the disputes over the authority of state institutions whose authority is granted by the 1945 Constitution;
Decide upon dissolution of political parties; and
Deciding upon disputes regarding the results of general elections.
In addition, based on Article 7 paragraph (1) through (5) and Article 24C paragraph (2) of the 1945 Constitution which is reaffirmed by Article 10 paragraph (2) of Law 24/2003,
the obligation of the Constitutional Court is to give a decision on the opinion of the DPR that the President and / or Vice President have violated the law, or are disgraceful, or do not meet the requirements as President and / or Vice President as referred to in the 1945 Constitution.
Chairman of the Constitutional Court
The Chair of the Constitutional Court is elected from and by Constitutional Justices for a term of 3 years. The term of office of the Chief Justice for 3 years as stipulated in Law 24/2003 is a bit strange, because the term of office of the Constitutional Justice himself is 5 years, so that means that for the second term of the Chief Justice of the Constitutional Court within one term the Constitutional Justice ends before his time (only 2 years) .
Constitutional Justice
The Constitutional Court has 9 Constitutional Justices established by the President. Constitutional Justices are nominated 3 people each by the Supreme Court, 3 people by the House of Representatives, and 3 people by the President. The term of office for Constitutional Justices is 5 years, and can be re-elected for the next 1 term.
Judicial Commission
The Judicial Commission is a state institution formed based on Law no. 22 of 2004 which functions to oversee the behavior of judges and propose names of prospective justices.
The Purpose of the Judicial Commission
In order to conduct intensive monitoring of the implementation of judicial power by involving elements of the community.
Improving the efficiency and effectiveness of judicial power both regarding the recruitment of supreme judges and monitoring the behavior of judges.
Maintaining the quality and consistency of judicial institutions' decisions, because they are always monitored intensively by institutions that are truly independent.
Be a liaison between government power and judicial authority to ensure the independence of judicial power.
Judicial Commission Authority
The Judicial Commission has the authority to propose the appointment of Supreme Court justices and other authorities in the context of maintaining and upholding the honor, dignity, and conduct of judges.
Judicial Commission Duties
Proposing the Appointment of the Chief Justice of the Judicial Commission has the task:
Registering Supreme Judge candidates;
Select candidates for Supreme Court Justices;
Determine candidates for Supreme Court Justices; and
Submitting candidates for Supreme Court Justices to the DPR.
Maintaining and Upholding Honor, Nobleness and Behavior Judges of the Judicial Commission have the task:
Receive reports of public complaints about judge behavior,
Conduct examination of alleged violations of judge behavior, and
Make a report on the results of the examination in the form of recommendations submitted to the Supreme Court and the copies submitted to the President and the Parliament.
Member of the Judicial Commission
The membership of the Judicial Commission consists of former judges, legal practitioners, legal academics, and community members. Members of the Judicial Commission are State officials, consisting of 7 people (including Chairperson and Deputy Chairperson who are concurrently Members). Members of the Judicial Commission hold office for a period of 5 (five) years and thereafter can be re-elected for 1 (one) term of office.