Indonesian Supreme Court Research Articles

Early Childhood Education And Village Corruption: An Evidence From Indonesia

This study explores the relationship between early childhood education (ECE) exposure and corruptive behavior among village leaders in Indonesia, particularly in light of the decentralization efforts that began in 2014 with the Village Fund Initiative. The objective is to determine whether village leaders who were exposed to ECE in their early years are less prone to engage in corrupt practices when managing public funds. The research utilizes a staggered difference-in-difference approach, comparing corruption cases between leaders exposed to ECE and those who were not. The study collected data from the Indonesian village census (PODES) between 1993 and 2018, focusing on Java Island. The corruption cases were sourced from the Indonesian Supreme Court, specifically analyzing the behavior of village heads elected post-2014. The methodology allowed for a quasi-experimental design by leveraging the timing of village elections as a key variable. The results ECE exposure did not universally reduce corruption across the sample. In fact, corruption surged among early-treated groups who experienced the program in the 1990s, suggesting that ECE alone is not a strong deterrent to corruption. However, for later-treated groups, ECE exposure did lead to a reduction in corrupt behavior, pointing to an adaptation effect as village leaders observed peers being prosecuted for corruption. In conclusion, while early childhood education plays a role in shaping governance outcomes, its impact on reducing corruption is nuanced. The findings suggest that integrating anti-corruption education into the ECE curriculum could strengthen governance at the village level, particularly when combined with robust law enforcement mechanisms

Legal Reconstruction of Empirical Juridical Analysis of Unilated Determination of Defense (Study of Pontianak District Court Decision Number 51/Pdt.G/2021/PN Ptk)

Decision case number 51/Pdt.G/2021/Pn Ptk contains a legal problem, namely the unilateral determination of default and the legal consequences (the application for the sale of collateral was also carried out unilaterally). This research basically aims to find out the legality of unilateral determination of default in positive law in Indonesia and the legal construction of Pontianak State Decision No. 51/Pdt.G/2021/Pn Ptk in terms of the theory of legal certainty. This research has a normative juridical character, with a statutory approach and a case approach. Legal materials were obtained from primary legal sources (legislation and decisions) as well as secondary legal materials, namely library sources such as books and journals. The results of this research: The legality of unilateral determination of default in positive law in Indonesia refers to the Supreme Court (MA) Jurisprudence No. 186 K/Sip/1959 and based on the jurisprudence of the Republic of Indonesia Supreme Court Decision No. 852 /K/Sip/1972, in Indonesian law, it is not legal/legitimate/legitimate to carry out unilateral acts of default without a prior summons. The legal construction of the Pontianak District Decision No. 51/pdt.g/2021/pn PTK is viewed from the theory of legal certainty, namely that the judge must grant petitum number 3 "stating that the Defendant's decision stating that the Plaintiff is a bad debt debtor is an unlawful act and cancels the entire series of consequences of the decision. Unilateral default, namely making a Sales Request unilaterally. Because in the theory of legal certainty, compliance or implementation of legal sources (jurisprudence) is a concrete form of legal certainty.

The Implementation of the Republic of Indonesian Supreme Court Regulation Number 3 of 2022 Concerning Electronic Mediation in Court: A Case Study

The current development and progress of communication and information technology has prompted the Lubuk Pakam District Court to change the mediation implementation system which was originally carried out manually to electronic mediation as regulated in Perma Number 3 of 2022.In the implementation of this electronic mediation, problems are still found, due to obstacles from inside or outside the court. This is what drives researchers to conduct research. Formulation of the problem of how to implement Perma and what are the obstacles and how to overcome obstacles in implementing this Perma. The purpose of this research is to find out the implementation of Perma and find out the obstacles and how to overcome these obstacles. The methodology in this study uses an empirical juridical approach where research is carried out directly through interviews with research objects in the field, then connected with secondary data. Results and discussion, Perma has been implemented at the Lubuk Pakam District Court, but not yet fully because there are obstacles such as online mediation carried out by agreement of the parties, there are no internet-based mediation facilities, the internet network is unstable, judge mobility high etc. Conclusion Perma has been implemented at the Lubuk Pakam District Court, but it has not been maximized, due to several obstacles.

Normative juridical analysis of strict liability in environmental cases

The Indonesian Supreme Court rejected the cassation and imposed a fine of IDR 199 billion on PT. Rambang Agro Jaya (RAJ), a subsidiary of Malaysia’s Kulim Berhad, for a 500-hectare forest and land fire case in Ogan Komering Ilir Regency, South Sumatra. This study aims to conduct a normative juridical analysis of the courts’ decision, holding PT. Rambang Agro Jaya was strictly liable for the environmental damage caused by the fire. The research reveals: (1) Central Jakarta District Court Decision No. 445/Pdt.G/2019/PN Jkt.Pst establishes strict liability and orders the Defendant to pay material losses totaling IDR 137.57 billion. (2) Jakarta High Court Decision No. 398/PDT/2021/PT DKI upholds the Central Jakarta District Court’s decision, reinforcing strict liability and increasing the total compensation to IDR 199.57 billion. (3) Supreme Court Decision No. 2196 K/PDT/2022 rejects PT. Rambang Agro Jaya’s cassation confirmed the Defendant’s unlawful actions and strict liability and imposed a material loss compensation of IDR 199.57 billion. The rulings signify a progressive step in enforcing environmental responsibility, with the substantial fine signaling a strict stance against ecological violations. The Supreme Court’s consistent rejection of cassation strengthens legal certainty and establishes a robust legal precedent for similar future cases, and underscores the significance of corporate accountability in promoting environmental sustainability.

Doctor's Liability to Patient Due to Default in Therapeutic Agreement (Case Study of Ma RI Decision Number 2811 K/Pdt/2012)

The legal relationship that occurs between a doctor and a patient is called a Therapeutic Agreement/Transaction. Risks that can cause harm to patients can occur in even the smallest medical procedures. A doctor can be held liable if he has made a mistake or negligence and caused harm, although basically no doctor intentionally makes a mistake as happened in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012. The type of research used by the author is normative juridical, namely legal research carried out by examining library materials or often also referred to as library legal research. The results of the research carried out were obtained by the judge's consideration in the Indonesian Supreme Court Decision Number 2811K/Pdt/2012 which was inaccurate, because according to the Supreme Court judge, the cassation respondent's actions were correct and did not violate any legal provisions. In fact, after a description of the facts in the series of events in this case, it was clearly found that the doctor and hospital had done things that violated the provisions of the Health Law, including violating the Medical Code of Ethics. The actions of the cassation respondent, especially doctor E and including doctor J as the recipient of the delegation, have been proven to be in breach of contract. This is because the actions of the two doctors violated the provisions of the Medical Practice Law, namely that the actions they took were not in accordance with standard procedures and violated the provisions of the law.

Implementasi Perlindungan Hukum Dan Penyelesaian Perselisihan Transaksi Fraud Bagi Pemegang Kartu Kredit

The aim of this research is to discover, analyze and examine the practice/ implementation of legal protection for credit card holders and forms of consumer protection in resolving fraudulent transaction disputes.
 The research method used in this research is normative juridical using a qualitative approach. Apart from that, a literature approach and a statutory approach are also used which also include a conceptual approach and a case approach.
 Credit cards are a form of innovation in the banking business which is increasingly developing and banking transactions using credit cards are becoming more massive. However, if negligence or fraud occurs, the bank's position is very dominant which will of course prioritize the bank's own interests. Therefore, currently the position and interests of customers have not been properly protected.
 The demand for banks to act professionally while protecting their credit card holders is increasing, thus encouraging banks to adjust their efforts to serve their customers, one of which is by creating innovations while remaining efficient. This is clearly seen in the agreement between the bank and the customer or the provisions regarding the use of bank services or products which are determined unilaterally by the bank, so that in such conditions if a problem arises later it cannot be resolved quickly with clear responsibilities. One example is the Indonesian Supreme Court Decision No.1527 K/Pdt/2015. regarding the Bank Mandiri Tbk case. VS Mr Sutrisno. Based on this decision, even though Mr. Sutrisno had obtained legal protection that had permanent legal force and fulfilled a sense of justice, this was done in approximately 3 (three) years, where previously Sutrisno as a credit card holder had been harmed by a Bank Mandiri credit card product that had never been he uses but has a number of obligations that must be paid.

Investigative Auditing in Environmental Pollution Cases: An Analysis of Indonesian Supreme Court Decision

Investigative Auditing in Environmental Pollution Cases: An Analysis of Indonesian Supreme Court Decision

Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

The implementation and effectiveness of Indonesian Supreme Court Rule No. 3 of 2017 on women victims of the sexual violence in Yogyakarta

PERMA (Supreme Court Rule) No. 3 of 2017 issued by the Supreme Court regulates the attitude guidelines for judges in adjudicating women's cases in conflict with the law, both criminal and civil cases involving women as victims, witnesses, or parties. These regulations can be used as a legal basis by judges in adjudicating cases of women in conflict with the law due to criminal acts of sexual violence. This research aims to determine the effectiveness of implementing PERMA No. 3 of 2017 concerning guidelines for adjudicating cases of women in conflict with the law as a result of victims of sexual violence at the Yogyakarta District Court. The method used in this research is empirical normative, which focuses on collecting information obtained from judges at the Yogyakarta District Court regarding the effectiveness of PERMA No. 3 of 2017 against women as a result of victims of sexual violence. The approach methods that the author uses in this research include the conceptual approach, the statutory approach, and the case approach. The data collection method is through interviews and documentation of judges, and the data analysis used is descriptive-qualitative. This research concludes that PERMA No. 3 of 2017 has been quite effective in accordance with the theory of legal effectiveness, which uses several a quo decisions as samples to determine whether PERMA No. 3 of 2017 has been applied and implemented in the Yogyakarta District Court for women victims of sexual violence.

Penerapan Surat Edaran Mahkamah Agung Nomor 4 Tahun 2016 Dalam Sengketa Pembelian Tanah Yang Belum Terdaftar/Bersertifikat di Pengadilan Negeri Tanjung Balai

There is a development in the understanding of buyers with good intentions in buying and selling land, namely with the issuance of SEMA Number 4 of 2016 concerning the Enforcement of the Formulation of the Results of the 2016 Indonesian Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court. The formulation of the problem to be studied is: first, how is the formulation of the law of the civil chamber regarding the definition of a good faith buyer in the Circular Letter of the Supreme Court Number 4 of 2016. Second, how is the application of SEMA No. 4 of 2016 in Court Decisions and Judge Considerations in Case Number 11/Pdt.G/2023/PN.Tjb. This research uses normative legal research, the main object of this normative legal research is court decisions related to good faith land buyers in the Tanjung Balai District Court decision No. 11/Pdt.G/2023/PN.Tjb. The results of this study, the first: "Specifically regarding the understanding of a good faith buyer as stated in the civil chamber agreement in SEMA No. 4 of 2016 at number 4, which completes the civil chamber agreement dated 9 October 2014 in letter a as follows: Conducting buying and selling of land objects belonging to customary / unregistered carried out according to customary law provisions.

Elimination of Justice Collaborator Requirements in Granting Remissions for Corruptors in Indonesia: Progress or Setback in Legal Reform?

Crime is an unfortunate and widespread issue in society, necessitating efforts to address it through the criminal justice system. The final step in this system involves implementing the judge's decision through the penitentiary. The rights of convicts, including the right to remission for convicts of corruption, are safeguarded by Law Number 22 of 2022 concerning Corrections. However, there has been a significant change in the requirements for obtaining remission for convicts of corruption following the issuance of Indonesian Supreme Court Decision Number 28 P/HUM/2021. This decision has led to legal reform in Indonesia, particularly concerning the conditions for granting remissions, as the requirements for justice collaborators for convicts of corruption are no longer applicable. The research conducted on this subject utilized a normative juridical method with a statutory approach. The study's findings highlight a transformative shift in Indonesia's prison system, which has evolved from a punitive-oriented approach to a more rehabilitative and correctional system. This new approach emphasizes coaching programs that focus on convicts' rights and aims to integrate them back into society successfully. As a result of these changes, the prison system now seeks not only to punish criminals but also to facilitate their recovery and improvement during their incarceration. The ultimate goal is to enable convicts to reintegrate into society positively and contribute meaningfully once their sentences are completed.

A Quest for Meaning: Interpretation of Article 73(3) of the Law of the Sea Convention by Indonesian Supreme Court

Abstract In the spirit of conserving the balance between the interests of the coastal State and other States in the exclusive economic zone (eez), Article 73(3) of the United Nations Convention for the Law of the Sea (unclos) establishes that coastal State penalties for violations of fisheries laws and regulations may not include imprisonment or corporal punishment unless otherwise agreed by the States concerned. As one of the countries suffering from illegal fishing, Indonesia has seen a number of domestic cases challenging the practical application of Article 73(3) due to the failure of several offenders to pay monetary penalties for violating fisheries laws and regulations in Indonesia’s eez. Article 73(3) appears to be the only unclos provision that Indonesian courts have directly applied and interpreted into domestic cases. The debate revolves around whether courts can impose default confinement for fisheries offences in the eez. This article examines how Indonesian courts interpret the meaning and scope of the term ‘imprisonment’ within the ambit of Article 73(3) of unclos, particularly in the context of confinement for fine defaults, and whether international courts or tribunals provide any guidance in this interpretation.

Evaluation of The Fulfillment of The Defendant's Rights in Online Criminal Proceedings in Indonesia

In early 2020, Indonesia was hit by the Corona Virus that affect all aspects in public live including affect judicial institutions. Criminal proceedings that supposed to be held in a trial that open to the public according to the Indonesian Criminal Procedure Code, must be held online in which judges, prosecutor, lawyer, and the defendant are in separate places. Even though, the Indonesian Supreme Court have enacted Circular Letter No. 1 Year 2020 to regulate the proceedings during the Covid-19 pandemic, many criticisms for the course of online trials especially regarding the rights of the defendants, which were violated during the online trial. The rights of the defendant who were violated during the online criminal trial were the right to be heard equally, right to consult with a lawyer during the proceedings of the case, right to be tried without undue delay, and right to present witnesses and experts and ask questions to these witnesses and experts. These rights, that was feared violated because the defendant could not attend the trial in person. This research was conducted to explain the course of the online criminal proceeding to assess whether the defendant’s rights had been fulfilled during the online trial.

Perspectives to Strengthening Competencies of Judges in The Supreme Court of The Republic of Indonesia

Judges as court apparatus, play a pivotal role in improving organizational performance and enhancing public trust. They are the sole actor who determines the quality of court decisions. However, the cases in the four courts, namely general, religious, state administrative and military courts seemed to outnumber the judges; hence retaining highly skilled judges to rule and write decisions within the time frame is paramount. Using a stakeholder theory approach, this article explores the competency-based development model for judges carried out by the technical training centre of the Indonesian Supreme Court. The research method was descriptive qualitative, purposive sampling for in-depth interviews. The result revealed that each stakeholder, namely technical training managers, supporting lecturers or trainers, working unit, and the public, showed different perspectives on judges' competencies, knowledge, skills, and attitude due to different interests. Stakeholders' views highlighted several points: analytical thinking skill improvement, knowledge application, character building, adaptive skills development and reassignment. This study, therefore, provides a new model of judges' competencies development that emphasizes a throughout human resources management activity application, starting from carrying out apparatus management strategy as a response to bureaucracy reform, strategic environmental changes, and science and information technology development; applying human resources development strategy with stakeholder participation approach through training and development centre; and creating apparatus reassignment strategy. These three strategies lead to an agile civil apparatus to achieve good governance.

Accommodating Non-Muslim Rights: Legal Arguments and Legal Principles in the Islamic Jurisprudence of the Indonesian Supreme Court in the Post-New Order Era

Abstract Most Islamic legal literature describes non-Muslims as ‘second-class citizens’. They do not have equal rights to Muslims, particularly under Islamic inheritance law. This article attempts to re-evaluate this general assessment by presenting cases of Islamic inheritance involving non-Muslims in post-New Order Indonesia. Using five decisions of the Indonesian Supreme Court, we argue that whilst the judges’ legal arguments are relatively progressive and inclusive by accommodating non-Muslim rights, their analogical interpretation of the waṣiat wājibah (mandatory will) is still trapped in classical fiqh (Islamic jurisprudence) norms that position religious differences and apostasy as an obstacle to inheritance. Although their analogical interpretation has in some cases resulted in equal rights, the protection of non-Muslim rights has not been fully realized. The legal arguments and principles they adopt are made acceptable to the Muslim community because they maintain traditional fiqh in the context of a multicultural Indonesian society. This study has implications for equal rights among Indonesian citizens and the realization of the state’s ideals that uphold the right to freedom of religion.

Distribution Of Joint Properties According To Balanced Justice Principle

The structure of joint property divided governed by Law No. 1 of 1974, and the Compilation of Islamic Law must fully reflect the importance of justice and legal clarity. Based on that, the issue addressed in this journal is how to design a more reasonable and legally specific partition of the joint property after divorce for the community in the relevant marital law in the future. This study is categorized as legal-normative research. According to the study's findings, the future concept of joint property law reconstruction is to incorporate the principle of balanced justice based on Pancasila into Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law through amendments to Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The notion of balanced justice has been found in various Republic of Indonesia's Supreme Court decisions. As a result, some of the legal rules in the joint property decision must be reviewed while developing joint property law regulations.

The Concept of Ṣulḥ and Mediation in Marriage Conflict Resolution in Religious Courts: A Comparative Study between Contemporary Indonesian Family Law and Classical Islamic Law

Mediation as a dispute resolution process outside the courtroom has been used by the Religious Courts. Its juridical basis is based on Indonesian Supreme Court Regulations Number 2 of 2003 and Number 1 of 2008 concerning Mediation Procedures in Courts. Meanwhile, in the classical Islamic legal tradition, marital conflicts are resolved by a third party outside the courtroom which is referred to as ṣulḥ, namely efforts to reconcile through a process of taḥkīm or arbitration. Based on this, this study answers the question whether the Religious Courts in Indonesia fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This study concludes that the Religious Courts in Indonesia do not fully use the concept of ṣulḥ as a process of resolving marital conflicts as depicted in the classical Islamic legal tradition. This is because the concept of ṣulḥ in Islamic law uses the taḥkīm (ḥakam) mechanism. The concept of ḥakam originating from the classical Islamic legal tradition and mediation originating from the contemporary national legal tradition actually both have substantial differences in terms of concept and implementation in the Religious Courts. The difference in concept is due to differences in sources, authorities, and procedures. However, there are similarities between the two, which lie in the involvement of someone who plays a role in resolving disputes and conflicts in court.

Between Fair and Speedy Trial: E-Court During Pandemic and A Challenge in Society 5.0

Indonesian authorities impose restrictions on community activities to control the spread of Covid-19 infection. It impacts the court activities, including the criminal trial process. Therefore, the Indonesia Supreme Court issued a regulation that imposed the electronic court process on a criminal trial to solve this situation. The research aims to analyze the implementation of electronic courts, especially in the criminal trial during the pandemic Covid-19 in Depok District Court. The research is qualitative with a socio-legal approach. Data collection is obtained through in-depth interviews and observation. The result shows that the court focused on a speedy trial. However, there is a lack of quality of a fair trial, and, subsequently, it harms the defendant’s rights. The electronic court will be widely used in society 5.0, where technology is highly used to integrate cyberspace and physical space. It requires a shifting paradigm from face-to-face contact to virtual contact. It becomes a challenge and may impact the decision-making process. Therefore, in the post-pandemic Covid-19 era, the court requires reviewing and improving the electronic court process, which provides the advanced technology to support the electronic trial and is more critical to guarantee access to a fair trial in the electronic court process.

Judicial Review of the Phrase “Without Victim Consent” in Permendikbudristek 30/2021 concerning the Prevention and Handling of Sexual Violence in University Environment

This paper is motivated by the debate over the use of the phrase without the victim’s consent in the Ministerial Regulation of the Education, Culture, Research and Technology of the Republic of Indonesia Ministry Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in the University Environment which is considered to open opportunities and opportunities for liberation of immoral acts to occur which in turn can lead to free sex activity in the university environment. Apart from that, it has provided a free space for agreements on immoral behavior and free sexual activity to occur within tertiary institutions and has even opened opportunities for sex transactions to occur, so that sex transactions become legalized civil transactions. Therefore, using the normative juridical law research method, an attempt is made to answer the question of what material content uses the phrase without the victim’s consent in ministerial regulation, what is the concept of consent from a legal perspective, and how is the legal considerations of the Indonesia Supreme Court adjudicating this request for judicial review rights. The results are: First, The phrase without the victim’s consent is in Article 5 paragraph (2) letter b, letter f, letter g, letter h, letter j, letter l, and letter m in the ministerial regulation; Second, The concept of consent in the perspective of criminal law relates to the concept of “without coercion” as referred to in several articles of the Indonesian Criminal Code. Third, The Supreme Court gave legal considerations that the use of the phrase without the victim’s consent does not regulate consent in sexual activity (sexual consent), but the victim’s consent in the event of sexual violence.

IMPLEMENTASI PERATURAN MAHKAMAH AGUNG TENTANG E-COURT UNTUK MEWUJUDKAN ASAS SEDERHANA, CEPAT DAN BIAYA RINGAN DI PENGADILAN AGAMA PAMEKASAN

This article analyzes the implementation of the Indonesian Supreme Court Regulation Number 1 of 2019 concerning E-Court in order to realize the simple, fast and lowcost principles at the Pamekasan Religious Court. This research uses qualitative descriptive analysis method combined with socio-legal approach. The results of the study found that the principle of simple, fast and low cost in the settlement of family law cases included: (a) Facilitating the registration process and down payment due to online (e-Filling) and (e-payment) based so that registration and payments are made without queuing (b) case files are properly archived and accessible from anywhere and anytime (c) summons and hearings that can be carried out relatively quickly do not need to wait a week and on the basis of the agreement of the attorney. Factors supporting the implementation of E-Court save time and costs in the case registration process and subsequent processes, the trial delay period can be faster than the manual one so as to allow the settlement of family law cases according to fast judicial principles, documents are archived properly and can be accessed without limited space and time.