Macam Macam Pengadilan di Indonesia❓Kalian Wajib Tau‼️

Summary

This video explains the difference between 'pengadilan' (court) and 'peradilan' (trial) within Indonesia's judicial system. It discusses various judicial bodies such as the General Court (peradilan umum), Religious Court (peradilan agama), Military Court (peradilan militer), Administrative Court (peradilan tata usaha negara), Constitutional Court (Mahkamah Konstitusi), and the Corruption Court (peradilan tipikor). The legal basis for these distinctions is found in Law No. 48 of 2009 on Judicial Power. The video encourages viewers to engage by subscribing, liking, and sharing the information for broader educational purposes.

Takeaways

• 😀 *Court* and *Judicial Process* are two related but distinct concepts in the Indonesian legal system. A court (*pengadilan*) is an institution where justice is sought, while a judicial process (*peradilan*) refers to the legal procedures and actions undertaken within the court to enforce justice.
• 😀 The Indonesian law governing the judicial system is set out in *Law No. 48 of 2009 on Judicial Power*, which outlines the judicial power exercised in courts across the country.
• 😀 The law does not explicitly define 'peradilan' and 'pengadilan' but provides guidelines about the functions and purposes of courts, such as administering justice based on Pancasila and the Constitution.
• 😀 Courts are official bodies tasked with trying cases and making decisions according to applicable laws, while the judicial process involves all actions related to the examination and ruling of a case, including applying laws and discovering facts.
• 😀 There are several types of courts in Indonesia, each with distinct functions. These include *General Courts*, *Religious Courts*, *Military Courts*, *Administrative Courts*, and the *Constitutional Court*.
• 😀 *General Courts* handle criminal and civil cases. They include the *District Courts* (first instance) and *High Courts* (appeals).
• 😀 *Religious Courts* specifically handle cases related to Muslim personal law, including family and inheritance matters, and are governed by *Law No. 50 of 2009*.
• 😀 *Military Courts* deal with military offenses and disputes related to military administration. They include the *Military Court* (first instance) and the *High Military Court* (appeal).
• 😀 *Administrative Courts* focus on resolving disputes between citizens and government agencies, as outlined in *Law No. 51 of 2009*.
• 😀 The *Constitutional Court* (MK) is the highest judicial body in Indonesia, responsible for constitutional review and resolving political and electoral disputes as defined in *Article 24C of the 1945 Constitution*.
• 😀 *Corruption Courts* (Tipikor) are specialized courts dealing with cases of corruption, including bribery, fraud, and abuse of power, under *Law No. 46 of 2009*.

Q & A

What is the primary difference between 'pengadilan' and 'peradilan'?

The term 'pengadilan' refers to a formal institution or body that administers justice, while 'peradilan' refers to the process of administering justice or the judicial procedures involved.

What does 'peradilan' aim to achieve according to the script?

Peradilan aims to uphold justice by applying the law and ensuring fairness based on the Constitution and national principles like Pancasila.

How does the script describe the role of a judge in 'peradilan'?

A judge's role in peradilan is to apply laws to specific cases and make decisions based on the law and facts presented, ensuring justice is served.

What is the legal foundation for 'peradilan' and 'pengadilan' in Indonesia?

The legal foundation is the 2009 Law No. 48 on Judicial Power, which regulates the judicial system, including the processes and bodies of peradilan and pengadilan.

What are the main types of courts discussed in the script?

The script discusses several types of courts, including general courts, religious courts, military courts, administrative courts, constitutional courts, and anti-corruption courts.

What is the scope of authority of 'peradilan umum' (general courts)?

Peradilan umum handles both criminal and civil cases, as per the relevant legislation, and is divided into two levels: Pengadilan Negeri (District Court) and Pengadilan Tinggi (High Court).

How are religious courts ('peradilan agama') structured?

Religious courts deal with civil cases among Muslims and are composed of Pengadilan Agama (First-level Court) and Pengadilan Tinggi Agama (High Religious Court).

What does 'peradilan militer' (military court) deal with?

Peradilan militer handles criminal cases and administrative disputes involving military personnel, under the relevant military judicial laws.

How does the script explain the function of the Constitutional Court (Mahkamah Konstitusi)?

The Constitutional Court is tasked with resolving constitutional disputes, including those related to state institutions, political issues, and the judicial review of laws against the Constitution.

What is the focus of 'peradilan tipikor' (anti-corruption court)?

Peradilan tipikor specifically addresses corruption cases, including bribery, embezzlement, and abuse of power, which harm the state or public interest.