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Indonesia

Courts in Indonesia

Two apex courts — the Supreme Court over four court environments, and a separate Constitutional Court with concentrated review of statutes.

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Judicial power is exercised by a Supreme Court (Mahkamah Agung) and a Constitutional Court (Mahkamah Konstitusi) (Pasal 24(2)). The Supreme Court is the court of cassation at the head of four court environments — the general courts, the religious courts, the military courts and the administrative courts — while the Constitutional Court, created in 2003, is a separate, dedicated court.

  • What do courts do?

    Courts resolve disputes, test the state’s case against individuals, interpret law, and review public decisions. This guide explains those functions and why judicial independence is structural.

  • What is due process?

    Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.

Sources

Sources

  1. Constitution of the Republic of Indonesia 1945 (UUD 1945, as amended 1999–2002)

    Mahkamah Konstitusi Republik Indonesia (Constitutional Court of Indonesia) · Legislation · 1945 · link verified 2026-07-27

    The 1945 Constitution (UUD 1945, as amended in four rounds 1999–2002), confirmed against the Constitutional Court and other official hosts in two independent passes. Supports Pasal 1(1) ("The State of Indonesia is a unitary state in the form of a Republic"); Pasal 18 (the unitary state is divided into provinces, regencies and cities with regional governments); Pasal 24(1) ("The judicial power is an independent power to administer justice"); Pasal 24(2) (judicial power is exercised by a Mahkamah Agung over the general, religious, military and administrative court environments, and by a Mahkamah Konstitusi); Pasal 24B (the Judicial Commission, Komisi Yudisial); and Pasal 24C (the Constitutional Court reviews the constitutionality of statutes at first and final instance). Establishes the unitary state, the national judiciary, and the dual-apex court structure.