Indonesia - Judicial system



Since 1951, the administration of justice has been unified. Government courts, each with a single judge, have jurisdiction in the first instance in civil and criminal cases. In December 1989, the Islamic Judicature Law gave wider powers to Shari'ah courts. The new law gave Muslim courts jurisdiction over civil matters, including marriage. Muslims and non-Muslims can decide to appear before secular courts. The supreme court is the highest court in the country; its primary function is review of decisions by lower courts. The high court hears appeals in civil cases and reviews criminal cases. Judges are appointed by the central government. In the villages, customary law ( adat ) procedures continue unchanged.

Islamic law ( Shari'ah ) governs many noncriminal matters involving Muslims, including family law, inheritance and divorce; a civil code based on Roman law is applied to Europeans; a combination of codes is applied to other groups such as ethnic Chinese and Indians. Since 1985, the supreme court since 1985 has the power to review ministerial decrees and regulations for legality and conformity to the constitution, but it has yet to use this power. The supreme court does not have the power to review the constitutionality of laws passed by the national assembly. Military and administrative courts also exist below the supreme court level. Codifying these disparate forms of law will require considerable work.

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