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According to Article 24 of 1945 Constitution, the judiciary power in Indonesia shall be carried out by Supreme Court and a Constitutional Court.

The Supreme Court (www.mahkamahagung.go.id) is the apex of the judiciary as stipulated by Act Number 5 Year 2004 on the Amendment of Act Number 15 Year 1985 on the Supreme Court, and established to carried out the following functions:

1. Judicial function, as the implementer of judicial power, as the apex of judiciary which hear and decide upon the cassation cases to develop consistency in implementation of the law as well as to hear and decide upon the special review over a final and binding court decision.

2. Judicial Review function, to review whether a legislation under the level of Law is inconsistent with senior level legislation;

3. Advisory function, to provide advice or consideration to other High State Agency, and to the President in order to grant or reject clemency request.

4. Supervisory function, to conduct the ultimate supervision function to the implementation of judiciary and to the conduct of court officer;

5. Regulating function, to regulate matters necessary for the proper implementation of the court function in the case where there are matters not sufficiently regulated by Laws and establish necessary regulation to fill in the gap within the procedural law;

6. Administrative function, to regulate and establish policies in the field of organization and work procedure, formulate technical administrative policies and implement the management of state owned assets.

 

Source :
M Hatta Ali, Peradilan Sederhana Cepat & Biaya Ringan Menuju Keadilan Restoratif, Alumni, Bandung, 2012, h. 13-15.

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