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Legal Information
Judicial System Overview

Indonesian law is based on a civil law system, and can be found in the Civil and Criminal Codes (which are predominantly based on the Dutch Civil Codes) and various laws and regulations as opposed to judge-made case law and the doctrine of binding precedent.

The court system in Indonesia has four main divisions as below:

  1. General Courts, covering civil and criminal cases.
  2. Religious Courts, covering family law such as marriage, divorce, etc.
  3. Administrative Courts, covering disputes between citizens and government authorities.
  4. Military Courts, covering only crimes or violations conducted by military personnel.

Further to the above, there are also Special Courts as below:

  1. Commercial Court, authorised to adjudicate mainly bankruptcy and intellectual property right cases.
  2. Human Rights Court, authorised to adjudicate human rights violations.
  3. Juvenile Court, formed to adjudicate criminal cases against children between the ages of 8 - 18.
  4. Tax Courts authorised to adjudicate tax disputes.
  5. Fishery Court, authorised to adjudicate fishery crimes.
  6. Special Court for Corruption, authorised to adjudicate corruption crimes.

Appeals are brought to the High Court and finally to the Supreme Court. 

Additionally, Indonesia also has a Constitutional Court, which has the authority to conduct judicial review of laws, to dissolve political parties, to adjudicate general election disputes, as well as to adjudicate whether or not the President and/or Vice President has violated the law based upon the application of the House of Representatives.  The Supreme Court and Constitutional Court are the highest courts in Indonesia and they are independent of each other.