What is the legal system in Indonesia?
The legal system in Indonesia is a mixture of traditional customary law (adat), Islamic law (syariah), old Dutch laws and modern legislation.
How is the Indonesian judicial system organized?
The Indonesian judicial system is organized into three levels. The lower court is the District Court (Pengadilan Negeri) established in all districts and municipalities (Kotamadya or Kabupaten) in Indonesia. The first appellate court is the High Court (Pengadilan Tinggi) established in all provinces in Indonesia. The highest court is the Supreme Court (Mahkamah Agung).
How is judicial decision made?
Indonesian civil law, unlike common law systems, does not adhere to strict doctrines of precedent; each case must be determined on its own facts and merits, although consideration may be given to academic theories and prior decisions in similar cases, especially decisions of the Supreme Court.
What are other courts in Indonesia?
Indonesia also has separate three-tiered structures or courts for handling disputes in administrative law (which hears administrative law cases filed against the government), military law and Islamic family law. In addition, Since 1998, a number of specialized courts have been added to the Indonesian judicial system, including the Commercial Court, handling bankruptcy and intellectual property matters, the Anti-Corruption Court, the Human Rights Courts, and special tribunals for tax, labor, and fisheries disputes. A Constitutional Court (Mahkamah Konstitusi) was established in 2003. the Constitutional Court was established with a jurisdiction to hear disputes concerning various matters including: the constitutionality of legislation, general election, the dissolution of political parties, and the scope of authority of state institutions established pursuant to 1945 Basic Constitution (Undang-Undang Dasar 1945).
What are the categories of employment agreements?
Employment agreements in Indonesia are categorized into:
- Employment agreements for a definite period in which an employment relationship has a definite term or based on the completion of a certain job.
- Employment agreements for an indefinite period in which the employment agreement does not have specific term or require a completion of a certain job.