Group 2 :

Ayadatul Maulidiyah wildaini (10020121038)

Jafaf Shodiq (10020121047)
Muhammad Masykur Amin (10020121057)
Zidan Maulana A (10020121066)

B CLASS - POLITICAL SCIENCE

LECTURED BY : ALDA DEA DELFINA M. TESOL BI.20.1.0038

THEME : JUDICIARY
TOPIC :
- The institution within the judiciary
- The judiciary functions
- The relation of judiciary and executive
-The Justice system in the world (give examples from IndonesIa and USA)

Here is where your presentation begins

SWIPE UP
 JUDICIARY
Judiciary is everything or a process carried out in the
Court that relates to the task of examining, deciding and
adjudicating cases by applying the law and/or finding the
law "in concreto" (the judge applies legal regulations to
real things that are brought before him for trial and
decided) to maintain and ensure compliance with material
law, by using the procedural methods established by
formal law.

SWIPE UP
JUDICIARY
Judicial Institutions in Indonesia
The highest judicial body in Indonesia is the Supreme Court, while lower judicial bodies under the Supreme Court are:
1. General Judiciary
- High Court
- District Court
2. Religious Courts
- Religious High Court
- Religious courts
3. Military Judiciary Agency
- Ultimate Military Court
- High Military Court
- Military Court
4. State Administrative Courts
- State Administrative High Court
- Administrative Court
The judiciary functions
The District Court or PN is a court institution within the district or city scope. In its formation, the District Court was
established based on a Presidential Decree.
In Law Number 2 of 1986 concerning General Courts, courts are divided into two types, namely:
-District Court as Court of First Instance
-High Court as Court of Appeal.
As an institution of the First Level Court, the District Court has several duties, functions and authorities that must be
carried out.
Duties and Authorities of the District Court
The duties and authorities of the District Court are stated in Article 50 of Law Number 2 of 1986, which reads:
"The District Court and case identification, decide and resolve criminal and civil cases at the first level."
Based on the law, the duty and authority of the District Court is to examine, decide and resolve criminal and civil cases for
the people to seek justice in general, unless the law provides otherwise.
Examples of criminal cases that can be handled by the District Court are case solving, sexual offenses, theft, traffic
violations, domestic violence, and so on.
While examples of civil cases that can be handled by the District Court are cases of defamation, inheritance, land or land
disputes, child custody, and so on.
The judiciary functions
Functions of the District Court
The District Court has five main functions, namely:

1. The function of adjudicating or judicial power

This function means that the District Court receives, examines, hears, and resolves cases that
are under the authority of the court of first instance.

2.Building function
This function means that the District Court provides direction, guidance and direction to
structural and functional subordinate officials in its ranks. This guidance can involve judicial
issues, judicial administration, financial development, equipment, and information
technology planning.
The judiciary functions
3.Mushroom control
This function means that the District Court supervises the implementation of the duties and behavior of Judges, Registrars,
Secretaries, Substitute Registrars and Bailiffs under their ranks.
careful and reasonable maintenance of the implementation of general administration, secretarial and development.

4. Mushroom advice
This function means that the District Court provides legal considerations and advice to government agencies in its
jurisdiction, if requested.

5. Administrative function
This function means that the District Court carries out judicial administration, both technical and trial, general
administration (information technology planning or reporting, staffing and finance.
In addition to the five functions above, the District Court also has other functions, namely providing legal counseling,
services in the form of research, and so on, all of which are intended for the wider community.
The relation of judiciary and executive
The spirit of reform has given birth to demands for renewal in the judicial relationship with the executive Repositioning the
relationship is expected to give birth to a power. Independent judiciary. Improvement
Existence of power This judiciary is associated with the need to improve a number of related laws and regulations
with the power of justice that is, between other Laws of Judicial Power, The Supreme Court Law, and the General Justice
Act. Repositioning the relationship between a judicial institution and an institution The executive and legislative agendas
are on the agenda. amendment to the 1945 Constitution. The need to reposition it in line.
with the agenda of political and legal reform as vociferously shouted by the students. Repositioning of judicial relationships
with the executive and legislature also being on the agenda of concern in academics and legal practitioners. They want that
repositioning the relationship between judicial and executive and legislative institutions It will strengthen the demand for
the independence of judicial power. The repositioning of the relationship between the judiciary and the executive is mainly
associated with the struggle for the independence of judicial power since the reign of President Sukarno and the
Government of Indonesia. President Suharto's judicial power was castrated through mechanization legalizing the
intervention of executive power against the exercise of power. Justice.
The relation of judiciary and executive

Intervention in judicial power legalized Through Law No. 19 of 1964 during the Government
President Sukarno and Law No. 14 of 1970 at the time Suharto's governmentExecutive Power
(Implementation of law) is a presidential institution, minister-minister, Judicial power (Supervision
of Law) namely MA, KY, MK. Dpr as a legislative body has the authority to make laws and control
the government. From its function, between the legislature and the executive must cooperate,
especially in Indonesia holding the principle of power sharing. Although united, there will be
conflicts, just like between the executive and the legislature.
The legislature is the representative of the party of course in carrying out its duties not far from the
interests of the party, as well as the executive who although directly elected by the people but the
president has a relationship with the interests of the party. As a result, the conflict that occurs from
the executive and legislative relations is a conflict of interest between existing parties.
The Justice system in the world (give examples from IndonesIa and USA)

The judicial system of USA

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of
appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. There are 94 district
courts, 13 circuit courts, and one Supreme Court throughout the country.

The district court

The district courts are the general trial courts of the federal court system. Each district court has at least one United States
District Judge, appointed by the President and confirmed by the Senate for a life term. District courts handle trials within
the federal court system – both civil and criminal. The districts are the same as those for the U.S. Attorneys, and the U.S.
Attorney is the primary prosecutor for the federal government in his or her respective area.
District court judges are responsible for managing the court and supervising the court’s employees. They are able to
continue to serve so long as they maintain “good behavior,” and they can be impeached and removed by Congress. There
are over 670 district court judges in the USA
The Justice system in the world (give examples from IndonesIa and USA)

The Circuit court of USA

Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. There are
twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of
Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to the United States Court of
Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana. Additionally, the Federal Circuit Court of
Appeals has a nationwide jurisdiction over very specific issues such as patents.

The supreme court of USA

The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide
appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a
First Amendment freedom of speech case was decided by the highest court of a state (usually the state supreme court), the
case could be appealed to the federal Supreme Court. However, if that same case were decided entirely on a state law
similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.
The Justice system in the world (give examples from IndonesIa and USA)

United States jury justice system

United States in its trial adheres to the jury justice system.jury trial is a court whose decisions are made by a jury, different from
the usual courts whose decisions are made by a judge or panel of judges.
in general, the trial process in the Criminal Justice System in the United States consists of several parties, namely Judges, Public
Prosecutors, Lawyers, Defendants, Victims, Witnesses, and Judges. The role of each party in the trial, briefly:

1. The judge who opens and explains the trial

2. The Public Prosecutor explains to the jury the case that occurred with the intention of influencing that there is a guilty party
3. The lawyer explains to the jury that he is innocent
4. The process of proof, with several witnesses including being able to record notes. However, in the justice system in the
United States, it is possible not to testify in court
5. The jury gives a verdict of guilty or not guilty in a short conclusion. In the Jury System, the jury is not allowed to give
questions, witnesses or victims. The jury is only given the opportunity to decide guilty or not. If the Jury cannot decide whether
it is a mistake or not, the Jury will be gathered in a room to decide unanimously
6. The judge decides the severity of the punishment of the perpetrator
The Justice system in the world (give examples from IndonesIa and USA)

Judicial System of Indonesia

In the Indonesian justice system, you recognize 5 types of justice, namely:

1. General Court
First, there is the general court type. This court handles various civil and criminal cases in general. The general court is divided into 3
levels:
1. The District Court acts as a level I court body, which is domiciled in the Regency/City
2. The Court of Appeal is a level II or appellate court body. Domiciled in the Provincial Capital
3. The Supreme Court is a judicial body at level III or cassation which is the highest court domiciled in the State Capital
2. State Administrative Court
Furthermore, there is a court related to state administration. This court is devoted to handling various cases or lawsuits against state
administration officials. Usually, the cause of the claim is a writing error that harms a certain person or entity.
The Justice system in the world (give examples from IndonesIa and USA)

3. Religious Courts
Furthermore, there is a Religious Court which is useful for deciding cases related to religion, such as the distribution of
assets, the management of inheritance rights, and divorce. . There are two levels of the Religious Courts, namely the Level I
Religious Courts and the Higher Religious Courts.

4. Corruption Court
This court is domiciled in the province and becomes an integral part of the PN (District Court). The Corruption Court's
membership consists of chairman, deputy, career judges, and ad hock judges.
5. Military Court
This court is used to try law enforcers who have positions in the armed forces or defense (Indonesian National Army)
references
● https://
www.kompas.com/skola/read/2021/03/16/133003069/pengadilan-negeri-tugas-fu
ngsi-dan-wewenangnya
● http://pn-ponorogo.go.id/joomla/index.php/tentang-kami/profil-pengadilan
● https://tirto.id/mengenal-peranan-lembaga-lembaga-peradilan-di-indonesia-ge1k
Thank you

SWIPE UP