LATIHAN SOAL

BAHASA INGGRIS HUKUM

Oleh :
Thresia Agustina
203300416125

FAKULTAS HUKUM
UNIVERSITAS NASIONAL

2023
B. Untuk Karyawan soal sebagai berikut :
1. Jelaskan oleh saudara Pengadilan yang berada di Indonesia yang berlaku Serta fungsi-
funsinya.
2. Apa fungsi DPR dan MPR bagi Pemerintah di Indonesia

Jawab:

1. Indonesia have one court of general jurisdiction and three courts of limited but special
jurisdiction (religious, military, administrative court) are outlined in Law No. 48/2009
on Judicial Powers (Undang-undang Kekuasaan Kehakiman tahun 2009). The Law on
Judicial Powers also governs the Supreme Court and the Constitutional Court. General
information such as name and address of the Supreme Court as well as Court of Appeals
and Court of First Instance of general jurisdiction and special jurisdictions, are listed
on their website. Judicial authority is implemented by the Constitutional Court and the
Supreme Court and courts under the Supreme Court’s authority. Courts under the
Supreme Court’s authority are the General Court (Pengadilan Umum), Industrial
Relations Court (Pengadilan Hubungan Industrial), Court of Religion (Pengadilan
Agama), Administrative Court (Pengadilan Tata Usaha Negara), Fishery Court
(Pengadilan Perikanan), Military Court (Pengadilan Militer), and Taxation Court
(Pengadilan Pajak). General: Most disputes appear before the courts of general
jurisdiction with the Supreme Court as the final court of appeal and the High Courts
(Pengadilan Tinggi) deal with appeals from State Courts (Pengadilan Negeri). There is
state court of first instance in each district and municipalities that deals with civil and
criminal cases involving Indonesian or foreign citizens. Industrial Relations Dispute
Court: Industrial Relations Dispute Court is established by virtue of Law No. 13 of
2003 on Employment and Law No. 2 of 2004 on Settlement of Industrial Relation
Dispute. This court is the higher alternative in settling employment related disputes.
The other alternatives are employment conciliation, arbitration and mediation. This
court also acts as the registrant of the settlement reached using the other means (to give
executory power). Fishery: The Fishery Court is established by virtue of Law No. 31
Year 2004 on Fishery and further regulated by Supreme Court Regulation No. 01 Year
2007 on Fishery Court. The court has the authority to adjudicate fishery crimes, which
include (i) exporting or importing fish without health certification, (ii) using illegal
means of fishery such as explosives and chemicals, and (iii) using fishery tools not
according to standards. It is established within the General Court. The first Fishery
Courts to be established are within the General Court of North Jakarta, Medan,
Pontianak, Bitung and Tual. Religion: The Court of Religion is established by virtue of
Law No. 7 Year 1989 on Court of Religion as amended by Law No. 3 Year 2006. The
court has the authority to adjudicate matters between Islamic people in the field of (i)
marriage, (ii) inheritance, wills, and grants, done in accordance with Islamic laws, (iii)
wakaf (religious charitable trust) and shadaqah (alms), and (iv) Syariah Economy
(economy based on the principles of Islamic laws). The judicial authority of the Court
of Religion is carried out by the District Court of Religion located in municipalities and
its appellate court, the High Court of Religion seated in capital of provinces. It is
established outside of the General Court. The Province of Nanggroe Aceh Darussalam,
which implements Islamic Laws, has a special court within the Court of Religion called
Mahkamah Syariah holding broader judicial authority than common Court of Religion
which includes those affairs under the authority of the General Court. State
Administrative: This court is established by virtue of Law No. 8 of 1986 on State
Administrative Court, as lastly amended by Law No. 51 of 2009. It is the forum to
challenge public administrative decree, which is defined as a written decision issued by
a body or official of public administration, which contains an act of public
administration based on the prevailing laws and regulations, which is concrete (or
certain), individual, and final, which brings legal implications to a person or a civil legal
entity. Military: The Military Court is established by virtue of Law No. 31 Year 1997
on Military Court. The court has the authority to adjudicate (i) crimes conducted by a
soldier or other person or position considered as soldier under the law, or other person
determined by the Commander of the Army and approved by Minister of Justice and
Human Rights (“military crimes”), (ii) the Army’s administrative dispute, (iii), and civil
lawsuit related to military crimes. The Military Court is established within the Army. It
consists of Lower Military Court, High Military Court, Supreme Military Court, and
Military Court in Battle. Authorities differ based on the ranks of the soldier and the
matter being adjudicated, and also on appellate functions. Tax: The Taxation Court is
established by virtue of Law No. 14 Year 2002 on Taxation Court. The court has the
authority to adjudicate taxation disputes between taxpayer and taxation authority, i.e.,
Directorate General of Taxation, Directorate General of Customs and Excise,
Governors, Mayors, or other tax authorities. Matters subject to the taxation court’s
jurisdiction include disputes arising from tax decisions and lawsuits over Tax
Collection by Compelling Letter (Penagihan Pajak dengan Surat Paksa). The Taxation
Court is the only Tax Court and it is seated in the Capital City of Jakarta. It is the first
and last resort for taxation disputes. Juvenile Courts (Pengadilan Anak): Juvenile courts
are established under Law No. 3 of 1997 Regarding the Juvenile Courts (January 3,
1997). Juvenile Courts are subject to the authority of the courts of general jurisdiction
and they have the authority to prosecute children aged eight years to 18 that have never
been married. All matters of the Juvenile Courts are to be heard in a closed court to
ensure the confidentiality and the identity of the child. A closed court means that only
the child’s parents, guardian, or appointed social workers may be present during
hearings. Human Rights Courts (Pengadilan Hak Asasi Manusia): Human Rights
Courts are established by Law No. 26 of 2000 Regarding the Human Rights Courts
(November 23, 2000), based on Law No. 39 of 1999 Regarding Human Rights
(September 23, 1999). These courts only have jurisdiction over grave violations of
human rights, i.e., genocide and crimes against humanity. Corruption Courts
(Pengadilan Tindak Pidana Korupsi):Corruption Courts are established by Law No. 46
of 2009 Regarding Criminal Corruption Courts (October 29, 2009) (“Law No. 46 of
2009”). Article 5 of Law No. 46 of 2009 states that the Corruption Courts are the only
courts in Indonesia that have the authority to examine, try and decide criminal
corruption cases. We note that cases which are tried before the Corruption Courts are
limited to cases that are delegated from the Indonesian Commission of Corruption
Eradication (Komisi Pemberantasan Korupsi or “KPK”). However, in some cases the
District Courts may also try corruption cases if the corruption case dossier is submitted
by the Attorney General’s office. Commercial Courts (Pengadilan Niaga): Commercial
Courts were first established by virtue of Article 281, Paragraph (1) of Government
Regulation in Lieu of Law No. 1 of 1998 Regarding the Amendment to Bankruptcy
Law (April 22, 1998), as further stipulated in Law No. 4 of 1998 (September 9, 1998).
Commercial Courts have the authority to examine and decide bankruptcy petitions and
the postponement of debt payment obligations as well as other commercial dispute
matters, as determined by law. To date, the only additional disputes handled by the
Commercial Courts are intellectual property right disputes. Constitutional Court: The
Constitutional Court was first established on November 9, 2001 as a consequence of
the third amendment to the Constitution of the Republic Indonesia. Unlike the Supreme
Court, the Constitutional Court is not an appellate court. Its decision is final and binding
and, therefore, cannot be challenged. Article 24C of the Constitution states that the
 powers of the Constitutional Court are first, to review the law made against the
Constitution; second, to resolve disputes between state institution; third, to resolve
dissolution of political parties; fourth, to resolve disputes over election results; and fifth,
to rule on president’s impeachment. In relation to the process of impeachment, the
jurisdiction of the Court is only limited to the issue of law on whether the President
and/or the Vice President are guilty in doing the acts prohibited by the Constitution.
The decision on whether to remove the President and/or the Vice President is still under
the authority of the People’s Consultative Assembly.
2. Functions of the DPR in Indonesia :
• Legislation, The DPR has the main task of making, deliberating, and legislature.
DPR members can submit proposals new laws or studying and revising proposals
laws put forward by the government.
• Government Oversight, The DPR has a supervisory function over the government
and executive agency. They carry out oversight of the policy government,
implementation of government programs, and performance ministers and other
government officials. This control is carried out through mechanisms such as
hearings, interpellation and rights
• State budget, The DPR has a role in setting and overseeing the budget country.
They discussed and approved the Draft Budget State Income and Expenditures
(RAPBN) submitted by the government. In addition, the DPR is also involved in
the discussion and evaluation of the report accountability for state finances
• Foreign Relations, DPR has a function in foreign relations. They Supervise and
approve agreements internationally involving Indonesia. Members of Parliament
can make visits abroad, establish relations with parliaments of other countries, as
well as being involved in international forums.
• Representatives of the People, DPR is a people's representative body elected
through general elections. Their main function is to represent and voicing the
aspirations and interests of the people at the national level. DPR members
communicate with their constituents, listen community input and complaints, as
well as fighting for interest people in policy making.
• Cabinet Formation, The DPR is involved in the cabinet formation process. After
general elections, political parties that have seats in the DPR can nominate
ministerial candidates to the president. DPR did a fit and proper test of ministerial
candidates submitted prior to appointment they.
 • Grant of Approval, DPR is authorized to give approval to important government
decision.
• Political Dialogue and Legislation

Functions of the MPR in Indonesia:

• Discussing and Establishing the Mandate of the People, The MPR functions as the
representative of the Indonesian people in making decisions important policies mandated
by the people. MPR represent the will and aspirations of the people in drafting and
stipulating Outlines of State Policy (GBHN) which serve as guidelines in National
development.
• Establish or Amend the Constitution of the State MPR has the authority to amend or add to
the articles in the 1945 Constitution of the Republic of Indonesia. The MPR can also
determine changes or amendments to the 1945 Constitution according to the needs and
development of the country.
• Elect the President and Vice President. One of the main functions of the MPR is to elect
the President and Vice President of Indonesia. MPR elects the President and Vice President
based on the results of general elections conducted by the people. MPR too has the authority
to dismiss the President and Deputy President under certain circumstances.
• Monitoring Government Performance. MPR has a supervisory function on government
performance. MPR can monitor, criticize, and provide related recommendations
government policy in order to safeguard the interests of the people and ensure good
governance.
• Forming State Institutions. MPR has the authority to form and change other state
institutions deemed necessary to support effective country governance and efficient. Some
examples of state institutions formed by the MPR include: among others the Constitutional
Court, the Supreme Audit Agency, and the Commission judicial.
• Establishing National Strategic Policies. MPR has a role in establishing national strategic
policies covering the political, economic, social, cultural, defense, and security. These
policies become a reference for the government in formulate further policies and carry out
developments national

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