KOMPETENSI ABSOLUT DAN KOMPETENSI RELATIF

Summary

In this video, Rosidi Hamzah explains the concept of court jurisdiction in Indonesia, focusing on the difference between 'kompetensi absolut' (absolute jurisdiction) and 'kompetensi relatif' (relative jurisdiction). He details the authority of different courts, including the general court, religious courts, administrative courts, and military courts, and how they handle specific types of cases as mandated by law. The video emphasizes the importance of knowing which court has jurisdiction based on the nature of the case, whether it's related to criminal, civil, or other legal matters. The explanation is aimed at enhancing legal literacy among the public and students.

Takeaways

• 😀 The function of the judiciary is to resolve disputes in society to ensure fairness and justice, preventing self-made judgments and violence.
• 😀 The judiciary in Indonesia is structured with different courts, each with specific powers to handle cases as outlined by law, starting with the Supreme Court and including other bodies beneath it.
• 😀 There are four main judicial bodies in Indonesia: the General Court, the Religious Court, the Administrative Court, and the Military Court, each with absolute jurisdiction for specific types of cases.
• 😀 The General Court handles civil and criminal cases, including disputes over property or debts and criminal violations.
• 😀 The Religious Court handles cases related to family law, such as divorce, inheritance, and Islamic economic disputes among Muslim individuals.
• 😀 The Administrative Court handles disputes involving government decisions, particularly when they contradict the principles of good governance.
• 😀 The Military Court handles cases involving military personnel, including military crimes and military-related administrative matters.
• 😀 The concept of absolute jurisdiction means each court has the authority to handle specific cases based on established laws and regulations.
• 😀 Relative jurisdiction, on the other hand, refers to a court's authority to handle cases based on geographic location or where the defendant resides, such as in civil cases.
• 😀 In civil matters, the case must be filed where the defendant resides, and if the case involves immovable property like land, it must be filed in the court where the property is located.
• 😀 Jurisdiction can also be determined by an agreement between the parties, known as 'choice of forum,' where the parties agree to resolve their disputes in a specific court.

Q & A

What is the role of the judiciary in society?

The role of the judiciary is to resolve disputes within society, ensuring that issues are settled fairly and justly. This helps uphold the values of justice and prevents individuals from taking the law into their own hands.

Why are courts important in maintaining law and order?

Courts provide a balanced process for resolving disputes, preventing individuals from using violence or self-judgment. They offer a structured way to address conflicts and maintain societal order.

What does the term 'kompetensi absolut' mean in relation to the judiciary?

'Kompetensi absolut' refers to the absolute jurisdiction or authority that a particular court has over specific types of cases as mandated by law.

What are the four main types of courts in Indonesia?

The four main types of courts in Indonesia are: 1) General Courts, 2) Religious Courts, 3) Administrative Courts, and 4) Military Courts.

What is the jurisdiction of the General Court?

The General Court handles criminal and civil cases, including disputes related to land and debt.

What types of cases does the Religious Court have jurisdiction over?

The Religious Court handles cases related to marriage, divorce, inheritance, gifts, waqf (endowment), zakat, infaq, shodaqoh, and Islamic economic disputes for Muslims.

What is the role of the Administrative Court?

The Administrative Court's jurisdiction is over disputes involving government policies or decisions that violate principles of good governance. It handles cases where government actions are challenged.

What cases are handled by the Military Court?

The Military Court handles criminal cases involving members of the Indonesian National Armed Forces (TNI) and military-related administrative disputes.

How is 'kompetensi relatif' different from 'kompetensi absolut'?

'Kompetensi relatif' refers to the jurisdiction of a court based on its geographic location or other factors like the property location, while 'kompetensi absolut' refers to a court's exclusive jurisdiction over certain types of cases, regardless of location.

What is the significance of 'choice of forum' in legal proceedings?

'Choice of forum' refers to an agreement made between parties in a contract specifying which court will have jurisdiction in case of a dispute. It allows parties to decide in advance where legal matters will be resolved.