Duties and Powers of the Supreme Court
What are the duties and powers of the MA ? Supreme Court (MA) is the highest state institution in the constitutional system of the Republic of Indonesia (RI) in judicial power. For more details, see the Duties and Authorities of the Supreme Court, Function,Right, Obligation, and Legal Basis below.
Table of Contents
Duties and Powers of the Supreme Court
Supreme Court (MA) is the highest state institution in the constitutional system of the Republic of Indonesia (RI) in judicial power.
other than that, The Supreme Court is a high institution that oversees several judicial bodies.
The judicial body under the Supreme Court is for example the general court, religious court, state administrative courts and military courts.
Duties of the Supreme Court (MA)
The following are the duties and authorities of the Supreme Court based on the legislation, which is in accordance with what has been regulated in the Constitution 1945 article 24C verse 1 & 2. Then what are the duties and authorities of the MA??
The main task of the Supreme Court is to adjudicate at the level of cassation. The Supreme Court is tasked with deciding appeals against decisions from the courts of appeals and also the final level of all judicial circles.
1. The Supreme Court is also authorized or has the task of examining laws and regulations.
The meaning, that the institution of the Supreme Court is tasked with reviewing material regulations against legislation under the law against the law.
2. The task of the Supreme Court is to be the highest supervisor of the administration of justice throughout the judiciary.
This is still related to the function of the Supreme Court, as an agency administering judicial power.
3. The Supreme Court has the task of supervising the behavior and actions of the judges when the judges are carrying out their duties.
Where the Supreme Court must monitor carefully and thoroughly all the actions of judges in all judicial circles in the judicial system.
4. The task of the Supreme Court is to provide legal considerations to the head of state / the president in the case of a clemency request, rehabilitation and other decisions.
5. In the Constitution of the Year 1945 article 24C, explained that the Supreme Court has the task of & other powers granted by law.
That is in the interest of the state & justice, MA gives a warning, warnings or instructions that are deemed necessary, both with a separate letter and also with a circular letter.
Read Also : Duties and Powers of the Judicial Commission
Authority of the Supreme Court
The authority possessed by the Supreme Court has been stated / listed in the Law. What is the authority of the Supreme Court?
- The Supreme Court has the authority to decide on a cassation application regarding the decision of the court at the appellate level as well as at the last level of all judicial circles under it.
- The Supreme Court has the authority to examine the regulations materially against the laws and regulations under the Law
- The Supreme Court has the authority to exercise the highest supervision over the administration of justice throughout the judiciary in the administration of judicial power
Functions of the Supreme Court
1. Judicial Function
The function of the judiciary has a close relationship with the function of the judiciary, namely the right of judicial review, namely the authority to examine or evaluate materially the laws and regulations under the law regarding whether a regulation is viewed from its contents.
2. Oversight function
Oversight function, which is to carry out the highest supervision over the course of the judiciary, based on simple judicial principles, fast with low cost, without reducing the judge's freedom in supervising or examining and also in deciding cases.
3. Setting Function
Function To further regulate some things that are really needed for the smooth running of the judiciary.
4. Advice Function
Provide advice and consideration in the field of law to other State High Institutions, as well as providing advice to the President/Head of State in terms of granting and refusing clemency.
5. Administrative Functions
Authority to set duties and responsibilities, organizational structure and working procedures of the Court Registrar.
Read Also : Duties and Authority of the MPR
Supreme Court Legal Basis
( Article 24 verse 2 UUD 1945 )
"Judicial authority is exercised by the Supreme Court & judicial bodies that are subordinate to the general judiciary, military court environment, environment of state administrative court environment of religious court, and the Constitutional Court.”
( Article 24A verse 1 – 5 UUD 1945 )
(1) The Supreme Court has the authority to hear at the level of cassation, examine the regulations contained in the legislation under the law against the law, and has other powers granted by law.
(2) Supreme Court justices need and must have integrity and impeccable personality, be fair, professional, and also have experience in the field of law.
(3) Candidates for Supreme Court Justices are proposed Judicial Commission (KY) to the House of Representatives (DPR) in order to obtain the approval that will then be appointed as the supreme judge by the President as the Head of State.
(4) Chief & Deputy Chief Justice of the Supreme Court (MA) selected from/and by the supreme judge.
(5) Membership, arrangement, position, & the procedural law of the Supreme Court and also the judicial bodies below it are regulated by laws that have been set.
Read Also : Duties and Authorities of the BPK
The function of the judiciary has a close relationship with the function of the judiciary, namely the right of judicial review, namely the authority to examine or evaluate materially the laws and regulations under the law regarding whether a regulation is viewed from its contents. (Check article)
( Article 24 verse 2 UUD 1945 )
"Judicial authority is exercised by the Supreme Court & judicial bodies that are subordinate to the general judiciary, military court environment, environment of state administrative court environment of religious court, and the Constitutional Court.”
1. The Supreme Court has the authority to decide on a cassation application regarding the decision of the court at the appellate level as well as at the last level of all judicial circles under it.
2. The Supreme Court has the authority to examine the regulations materially against the laws and regulations under the Law
3. The Supreme Court has the authority to exercise the highest supervision over the administration of justice throughout the judiciary in the administration of judicial power
That's our discussion of the material Duties and Powers of the Supreme Court. Also read other articles about explanations Values of Pancasila. thank you for visiting. May be useful.
The post Duties and Authorities of the Supreme Court appeared first on YukSinau.co.id.