DESKRIPSI MATERI

PERTEMUAN 3: INDONESIAN COURTS

ENGLISH FOR SPECIFIC PURPOSES

MATA KULIAH : BAHASA INGGRIS 3

A. INTRODUCTION

In the third meeting, Reading Comprehension that connect with the grammar functions
will be given and we are going to study within the period of one semester in English III. The
Learning Process is taught when the students have passed the previous lesson of English I and
English II. The learning process is hoped the students are able to use the most of English
Grammar. Intensive Reading comprehension will be given in the third meeting. It is reading
material which will make the students think through the problems in the reading text about
Indonesian Courts but also the students must understand the use appropriate grammar in some
contexts. The students will be instructed to made the sentence or simple sentence which based on
the instruction while the learning process. Reading comprehension will guide the students to
skim and to scan the text which make the students think analyze about the situation in the text.
After the learning process the students are hoped to be able to :To write, to make a simple
sentences, to make a dialogue, to give comments from the text about Indonesian Courts t and
know more about the legal terms

B. OBJECTIVE OF THE LECTURER

The objectives of the learning process are hoped to make the students understand the text,
and meaning the passage about Indonesian Courts by retelling the summary of the passage , The
students understand some vocabularies concerning the law especially on Indonesian Courts, The
students will be guided to make a dialogue that connect to the text of Indonesian Courts even the
students will be able to give some comments and opinion about Indonesian Courts by using
appropriate grammar usage. The students are hoped to practice the dialogue in front of the
classroom
C. MATERIAL DESCRIPTION

Review of Indonesian Courts under the Supreme Court

Article 24 of the Indonesian Constitution stipulates that two institutions have judicial
authority in the country, namely the Supreme Court (Mahkamah Agung or “MA”) and the
Constitutional Court (Mahkamah Konstitusi or “MK”).These two institutions are independent of
one another. Law No. 48 of 2009 regarding Judicial Authority (“Judiciary Law”) stipulates the
authority of each institution as administrators of Indonesia’s judicial system. As stipulated in
Article 20 of the Judiciary Law, the Supreme Court is the highest judicial institution and the final
court of appeal in Indonesia with regard to criminal, civil, religious, military and state
administrative courts, and any special courts established by laws enacted by the People’s
Representative Assembly (Dewan Perwakilan Rakyat or “DPR”).
The Supreme Court has the authority (a) to hear and rule on all final decisions made by
appellate courts that have authority over criminal, civil, religious, military and state
administrative laws; (b) to review the legality of regulations (but not laws enacted by the DPR);
(c) to provide legal explanations, recommendations and advice to government institutions; and
(d) to provide judicial reviews (peninjauan kembali) of final and binding court decisions, but
only if certain requirements are satisfied.

There are four judicial environments under the authority of the Supreme Court, as
follows:(A) Courts of General Jurisdiction (Peradilan Umum): These courts have the
authority to examine, adjudicate and decide both general criminal and civil law cases. The court
of first instance for courts of general jurisdiction is known as a District Court (Pengadilan
Negeri). There are approximately 250 District Courts throughout Indonesia.

A District Court decision will take effect and become enforceable as a final judgment
seven days after being issued for criminal cases and 14 days for civil disputes if no appeal is
submitted to the High Court (Pengadilan Tinggi). As with District Courts, High Court verdicts
take effect and become enforceable as a final judgment 14 days after being issued for both
criminal and civil cases if no cassation application is submitted to the Supreme Court. Even after
a court decision becomes final and binding, parties can file for a judicial review of the decision.
 There are several Special Courts within the courts of general jurisdiction. What is meant
by Special Court is a court that has the authority to examine, adjudicate and decide on certain
disputes as regulated by law.

There are six Special Courts within the courts of general jurisdiction, as follows:

1. Human Rights Courts: Human Rights Courts have the authority to examine, adjudicate and
decide serious human rights violations, including those committed outside the territory of
Indonesia by an Indonesian citizen. Human Rights Courts use the same procedural law as
criminal proceedings, with several exceptions such as the possibility of having ad hoc
proceedings. Any appeal or cassation shall be addressed to the High Court or the Supreme Court,
respectively. As mentioned, Human Rights Courts have special ad hoc proceedings for alleged
human rights violations committed before the enactment of Law No. 26 of 2000 regarding
Human Rights Courts (November 23, 2000). Human Rights Courts are established in every
District Court in the capital of each regency or town throughout Indonesia.

2. Commercial Courts: Commercial Courts have the specific authority to examine, adjudicate
and decide matters concerning intellectual property, bank liquidations by the Indonesian Deposit
Insurance Company (Lembaga Penjamin Simpanan or “LPS”) and bankruptcies. Commercial
Courts in principle use civil procedural law, though there are several exceptions. Specifically for
bankruptcy proceedings, Commercial Courts do not have an appeals process, but rather go
directly to cassation. Up to this date, there are five Commercial Courts in Indonesia: at the
Central Jakarta, Medan, Semarang, Surabaya and Makassar District Courts.

3. Corruption Courts: Corruption Courts have the specific authority to examine, adjudicate and
decide corruption cases. Corruption Courts use criminal procedural law, with several exceptions.
One of the primary procedural differences is that the investigators in Corruption Court cases may
come from either the Attorney General’s Office or the Corruption Eradication Commission
(Komisi Pemberantasan Korupsi or “KPK”). Also, in corruption cases, the KPK can act as the
prosecutor. Notably, in Corruption Courts there may be ad hoc judges assigned to hear cases.
The appeal and cassation process at the courts follows the same procedure as in general criminal
law. Corruption Courts are established in every District Court in the capital of each regency or
town throughout Indonesia. Corruption Courts are governed by Law No. 46 of 2009.
4. Juvenile Courts: Juvenile Courts have the specific authority to examine, adjudicate and
decide criminal cases involving children. A child is defined in Law No. 11 of 2012 regarding the
Juvenile Criminal Court System (“Juvenile Court Law”) as anyone below the age of 18 years
old. Juvenile Courts use criminal procedural law, with several exceptions. The Juvenile Court
Law stipulates that the approach taken is Restorative Justice, which emphasizes repairing the
harm done by a crime rather than retribution. Juvenile Courts encourage diversion, which is the
process of reaching a settlement outside of the court system. Juvenile Courts are established in
every District Court in Indonesia.

5. Industrial Relations Courts: Industrial Relations Courts have the specific authority to
examine, adjudicate and decide industrial disputes. There are four types of industrial disputes
handled by these courts, namely disputes regarding rights, interest, the termination of
employment and disputes between labor unions in a company.

Disputes regarding rights are disputes arising because of an unfulfillment of rights due to
different treatments or interpretations of the provisions of laws and regulations, agreements,
company regulations, collective labor agreements, etc. Disputes regarding interest are disputes
arising from the work relationship because of a difference of opinion regarding the making
and/or changing of work prerequisites set out under a work agreement or company regulation or
collective labor agreement. Disputes regarding termination of employment are disputes arising
from a difference of opinion regarding termination of employment by one of the parties.
Disputes between labor unions in a company normally arise due to a difference of opinion
regarding membership and/or the implementation of the rights and obligations of the union.

Before any industrial dispute can be brought to an Industrial Relations Court, the two
parties must first attempt to resolve the dispute amicably in a bipartite meeting. If the dispute
cannot be resolved, the minutes of the bipartite meeting must be registered with the Ministry of
Manpower and Transmigration, which will then ask the parties to resolve the dispute either
through conciliation or arbitration. If after seven days the parties are unable to choose a dispute
resolution forum, the dispute will be handed to a mediator. Only if the dispute cannot be resolved
through mediation can the parties submit the dispute to the Industrial Relations Court.

Industrial Relations Courts use civil procedural law, with several exceptions. Industrial Relations
Courts acknowledge ad hoc judges. There is no appeals process in Industrial Relations Courts.
Parties can only pursue the cassation process at the Supreme Court. There are two types of
examination in Industrial Relations Courts ― normal and swift examination. There are Industrial
Relations Courts in every province in Indonesia, with an extra Industrial Relations Court in the
Gresik district of East Java. Industrial Relations Courts are governed by Law No. 2 of 2004
regarding Industrial Relations Dispute Resolution.

6. Fishery Courts: Fishery Courts have the specific authority to examine, adjudicate and decide
fishery-related crimes in Indonesia, whether by Indonesian citizens or foreign nationals. Fishery
Courts follow criminal procedural law, with several exceptions concerning matters specific to the
field and activities of fisheries. These courts are fairly new and to date only five have been
established, in the District Courts of North Jakarta, Medan, Pontianak, Bitung, and Tual. Further
explanation of Fishery Courts is found in Law No. 45 of 2009 regarding the Amendment to Law
No. 31 of 2004 regarding Fisheries.

(B) State Administrative Courts: State Administrative Courts have the authority to examine,
adjudicate and decide state administrative disputes. A state administrative dispute is a dispute
between a person or civil legal entity and a state administrative official or institution as a
consequence of the issuance of a State Administrative Decision, including personnel
administration disputes. State Administrative Decisions that can be examined by the courts are
decisions that are concrete, individual and final.

State Administrative Courts impose a time limit of ninety days from the receipt of a State
Administrative Decision to the submission of a complaint. Note that a State Administrative Court
decision will take effect and become enforceable as a final judgment 14 days from the date of the
decision if no appeal is submitted to the State Administrative High Court, i.e., the court of appeal
for State Administrative Court decisions before they are further reviewed by the Supreme Court.
As with State Administrative Courts, the decisions of State Administrative High Courts take
effect and become enforceable as a final judgment 14 days after they are issued if no cassation
application is submitted to the Supreme Court. After a court decision becomes final and binding,
parties can still file for a judicial review.

State Administrative Courts are regulated by Law No. 51 of 2009 regarding the Second
Amendment of Law No. 5 of 1986 regarding State Administrative Courts. There are currently
four State Administrative High Courts and 28 State Administrative Courts throughout Indonesia.
 There is one Special Court within the environment of the State Administrative Courts,
which is the Tax Court. The Tax Court has the authority to examine, adjudicate and decide tax
disputes. A tax dispute is defined as a dispute between a taxpayer and an authorized official
issuing a decision regarding tax matters. Disputes regarding customs and excise shall also be
examined, adjudicated and decided at the Tax Court. There is currently only one Tax Court in
Indonesia, in Jakarta. The Tax Court, however, may hold proceedings outside of Jakarta, limited
to Yogyakarta and Surabaya.

There are two types of legal actions that can be submitted to the Tax Court, these being
Appeals and Statements of Claims. For both, the Tax Court shall render a decision that shall
constitute a final and binding decision. There is just one legal avenue for contesting a Tax Court
decision, which is filing for a judicial review at the Supreme Court.

(C) Religious Courts (Peradilan Agama): Religious Courts have the authority to examine,
adjudicate and decide cases among Muslims in the following areas: marriage, inheritance, wills,
grants, wakaf (religious charitable trusts), zakat (alms), infaq, shadaqah (voluntary donations)
and the Sharia economy. Religious Courts are established in each district and city throughout
Indonesia and are outside the courts of general jurisdiction.

Please note that the Indonesian province of Aceh, under the special autonomy granted it by
Jakarta to implement Sharia law, has a special court known as Mahkamah Syariah that wields
broader judicial authority than common Religious Courts.

(D) Military Courts (Peradilan Militer): Military Courts have the authority to adjudicate
criminal acts committed by military personnel. They also have the authority to examine,
adjudicate and settle administrative disputes within the military and to decide on compensation
for parties injured as a result of criminal acts by military personnel. Military Courts follow a
separate procedural law pursuant to Law No. 31 of 1997 regarding Military Courts (“Military
Court Law”).

Military Courts are divided into four jurisdictions, which are:

1. Military Court: Military Court is the first-level court and has the authority to examine and
decide criminal cases involving defendants with a rank of captain and below.
2. Military High Court: Military High Court is a first-level court and has the authority to
examine and decide criminal cases involving defendants with a rank of major and above. It also
has the authority to examine and decide military administrative disputes.

3. Military Primary Court: Military Primary Court is an appellate court that hears appeals of
decisions made by the Military High Court. The Military Primary Court is also the first and last
level for disputes regarding the authority of Military Courts.

4. Military Combat Court: This court has the authority to examine and decide criminal cases in
combat zones.

The Military Court Law stipulates that cassation and judicial reviews shall be submitted through
the Military Primary Court to the Supreme Court.

Exercises

1. Collect the vocabularies relating to the law and the Courts!

2. Retell the passage briefly.
3. In pairs, create a dialogue with your partner, the dialogue must contain at least 20
sentences and the dialogue must be related to the above passage.
4. Practice your dialogue with your partner!

Reference :

1. Marzuki Peter Mahmud, An Introduction to Indonesian Law, Setara Press, Malang 2012
2. Sofia Rangkuti-Hasibuan, English for Specific Purposes: LAW, Cetakan ke-7, 2003,
Djambatan
3. Andrew, Desk References of Indonesian Law, 2005, Equinox, Jakarta - Singapore
4. Betty Schramper Azhar, Understanding and Using English Grammar, 3rd Edition,2006,
Longman
5. Yayan Mulyana, A practical English for Public Speaking, 1st Edition, 2000, Kesaint
Blanc