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LAW OF THE REPUBLIC OF INDONESIA NUMBER 49 OF 2009 REGARDING SECOND AMENDMENT TO THE LAW NUMBER 2 OF 1986 REGARDING GENERAL COURT BY THE GRACE OF GOD ALMIGHTY TH PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that judicial authority is an independent authority to hold the judiciary to enforce the law and justice that needs to be realized the judiciary that is clean and authoritative in the sense of fairness in society; b. that Law Number 2 of 1986 regarding General Court, as already amended by Law Number 8 of 2004 regarding Amendment of Law Number 2 of 1986 regarding General Court is no longer relevant with the development needs of society and constitutional law by the Republic of Indonesia Constitution 1945; c. that based on the consideration as referred to in item a and item b, it is necessary to form the Second Amendment to Law on Law Number 2 of 1986 regarding General Court;

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In view of

: 1. Article 20, Article 21, Article 24, and Article 25 Constitution Republic of Indonesia of 1945; 2. Law Number 14 of 1985 on the Supreme Court (State Gazette of the Republic of Indonesia of 1985 Number 73, Supplement Number 3316) as amended by Law Number 3 of 2009 on the Second Amendment to Law Number 14 of 1985 on the Supreme Court (State Gazette of the Republic of Indonesia of 2009 Number 3, Supplement to State Gazette of the Republic of Indonesia Number 4958); 3. Law Number 2 of 1986 regarding General Court (State Gazette of the Republic of Indonesia of 1986 Number 20, Supplement Number 3327) as amended by Law Number 8 of 2004 regarding Amendment to Law Number 2 of 1986 regarding General Court (State Gazette of the Republic of Indonesia of 2004 Number 34, Supplement Number 4379); 4. Law Number 48 of 2009 regarding Judge Power (State Gazette of the Republic of Indonesia of 2009 Number 157, Supplement Number 5076);

At Joint Approval of HOUSE OF PEOPLES REPRESENTATIVES OF THE REPUBLIC OF INDONESIA and PRESIDENT OF THE REPUBLIC OF INDONESIA HAS DECIDED: To stipulate : LAW REGARDING SECOND AMENDMENT TO LAW

NUMBER 2 OF 1986 REGARDING GENERAL COURT.

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Article I Several provisions in the Law Number 2 of 1986 regarding General Court (State Gazette of the Republic of Indonesia of 1986 Number 20, Supplement to State Gazette of the Republic of Indonesia Number 3327) as amended by Law Number 8 of 2004 regarding Amendment of Law Number 2 of 1986 regarding General Court (State Gazette of the Republic of Indonesia of 2004 Number 34, Supplement to State Gazette of the Republic of Indonesia Number 4379) are amended as follows:

1.

The provision in Article 1 is amended so as to henceforth Article 1 read as follows: Article 1 In this Law by: 1. 2. Court shall mean the District Court and High Court in the General Court. Judge shall mean the Judge in the District Court and Judge in the High Court. 3. Supreme Court shall mean one of judge power actors as referred to in the Constitution of the Republic of Indonesia of 1945. 4. Judicial Commission shall mean a state institution as referred to in the Constitution of the Republic of Indonesia of 1945. 5. Special court shall mean a court having authority to examine, hear and decide a particular case that can only be established in one of the environmental justice agencies below the Supreme Court set forth in the Law. 6. Ad hoc judge shall mean a temporary judge having expertise and experience in a certain sector to examine, hear, and decide a case of
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which his appointment is regulated in the Law. 2. The provisions in Article 8 is amended so as to henceforth Article 8 read as follows:

Article 8 (1) (2) The general court may establish a special court regulated by the Law. In a special court, ad hoc judge can be appointed to examine, hear, and decide the case, which requires the expertise and experience in certain areas and within certain period. (3) The provisions on the requirements and procedure of appointment and dismissal as well as allowance of ad hoc judge shall be set forth in the legislation. 3. Between Article 13 and Article 14, it is inserted 6 (six) Articles, namely Article 13A, Article 13B, Article 13C, Article 13D, 13E Article, and Article 13F, which read as follows:

Article 13A (1) Internal supervision to the judges behavior shall be carried out by the Supreme Court. (2) Besides the supervision as referred to in paragraph (1), to maintain and uphold the honor, grandeur of dignity, and the behavior of judges, the external supervision of judges behavior shall be carried out by the Judicial Commission.

Article 13B (1) The judge must have integrity and a personality beyond reproach, honest, fair, professional, cautious and noble, as well as experience in the law

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sector. (2) The judge shall comply with the Code of Ethics and Code of Conduct of Judge.

Article 13C (1) In conducting the supervision of judge as referred to in Article 13, the Judicial Commission shall make coordination with the Supreme Court. (2) In case there is a difference between the results of internal supervision conducted by the Supreme Court and the external supervision conducted by the Judicial Commission, the joint investigation shall be conducted by the Supreme Court and Judicial Commission.

Article 13D (1) In carrying out the external supervision as referred to in Article 13A paragraph (2), Judicial Commission has the duty to supervise the behavior of judge based on the Code of Ethics and Code of Conduct of Judge. (2) In performing the task as referred to in paragraph (1), the Judicial Commission shall b authorized to: a. Receive and follow up on public complaints and / or information concerning alleged violations of the Code of Ethics and Code of Conduct of Judges; b. Examine and decide alleged violations of the Code of Ethics and Code of Conduct of Judges; c. d. Able to attend the trial in court; Receive and follow up complaints and Supreme Court justice agencies under the Supreme Court over alleged violations of the

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Code of Ethics and Code of Conduct of Judges; e. Make verification of the complaint as referred to in item a and item d; f. Request information or data to the Supreme Court and / or the courts; g. Call and request an explanation from the judge who allegedly violated the Code of Ethics and Code of Conduct, Judge for the purpose of examination, and / or h. Stipulate a decision based on examination results as referred to in item b.

Article 13E (1) In carrying out the supervision as referred to in Article 13A, the Judicial Commission and / or Supreme Court shall: a. b. Comply with the norms and legislation; Comply with the Code of Ethics and Code of Conduct of Judges; and c. (2) Maintain confidentiality of information or information obtained.

Code of Ethics and Code of Conduct of Judge as referred to in paragraph (1) shall be stipulated by the Judicial Commission and Supreme Court.

(3)

The task implementation as referred to in paragraph (1) must not reduce the freedom of judges in examining and deciding cases.

(4)

The provision in the internal supervision and external supervision of judges shall be provided for in the Law.

Article 13F

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To maintain and uphold the honor, grandeur of dignity, and the behavior of judges, the Judicial Commission may analyze the decision of the court who has obtained permanent legal force as the basis of recommendations for mutation judge. 4. The provision in Article 14 is amended so as to henceforth Article 14 read as follows:

Article 14 (1) To be appointed as a court judge, a person must meet the following requirements: a. b. c. d. e. f. Indonesian citizen; Devoted to the God Almighty; Loyal to Pancasila and Constitution 1945; Graduate in law; Passing judge education; Spiritually and physically capable to perform their tasks and obligations; g. h. Authoritative, honest, fair, and good character; At age of at least 25 (twenty five) years and the highest 40 (forty) years; and i. Never been sentenced to prison for committing a crime based on court decisions that have obtained permanent legal force. (2) To be able to appointed become chairman or vice chairman of the District Court, judges should be experienced for a minimum of 7 (seven) years as a District Court judge. 5. Between Article 14 and Article 15 inserted 2 (two) article, namely Article 14A

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and Article 14B which read as follows:

Article 14A (1) Appointment of District Court judge shall be made through the transparent, accountable, and participatory selection process. (2) The selection process of appointment of District Court judge shall be conducted jointly by the Supreme Court and Judicial Commission. (3) Further provision on the selection process shall be set forth jointly by the Supreme Court and Judicial Commission.

Article 14B (1) To be appointed as ad hoc judge, a person must be eligible as referred to in Article 14 paragraph (1) except for items d, e item, and item h. (2) Besides the requirements as referred to in (1), to be able to appointed as ad hoc judge, a person shall not have double position as a businessman as referred to in Article 18 paragraph (1) item c except determines otherwise by the Law. (3) The implementing procedure of provision as referred to in paragraph (1) shall be set forth in the legislation. 6. The provision in Article 15 paragraph (1) is amended so as to henceforth Article 15 read as follows:

Article 15 (1) To be appointed a High Court judge, a judge must meet the following requirements: a. Requirements as referred to in Article 14 paragraph (1) item a, item

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b, item c, d items, items f, g items, and item i. b. c. At age of at least 40 (forty) years; Experienced at least 5 (five) years as chairman, vice chairman of the District Court, or 15 (fifteen) years as a District Court judge; d. e. Passed the examination conducted by the Supreme Court; and Never sanctioned the suspension due to violating the Code of Ethics and Code of Conduct Judge. (2) To be appointed become chairman of the High Court should be experienced at least 5 (five) years as a High Court judge or a 3 (three) years for High Court judge and former chairman of the District Court. (3) To be appointed become vice chairman of the High Court should be seasoned for a minimum of 4 (four) years as a High Court judge or 2 (two) years for High Court judge and former chairman of the District Court. 7. The provision in Article 16 paragraph (1) is amended and between paragraphs (1) and paragraph (2) it is inserted 2 (two) paragraphs namely paragraph (1a) and paragraph (1b) so as to henceforth Article 16 read as follows:

Article 16 (1) The court judge shall be appointed by the President at the proposal of Chief Supreme Court. (1a) The Court judges shall be dismissed by President at the proposal of Chief Supreme Court and / or the Judicial Commission through the Chairman of the Supreme Court. (1b) The proposal for the dismissal of judge conducted by the Judicial Commission as referred to in paragraph (1a) can only be made if the judge in question violated the Code of Ethics and Code of Conduct

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Judge. (2) Chairman and vice chairman of the court shall be appointed and dismissed by the Chairman of the Supreme Court. 8. The provision in Article 19 paragraph (1) is amended so as to henceforth Article 19 read as follows:

Article 19 (1) Chairman, vice chairman, and court judge shall be honorably discharged from their position because: a. b. c. Own request; Permanent spiritual or physical disorder; Reaching age of 65 (sixty-five) years for the Chairman, Vice Chairman, and Judge of District Court, and 67 (sixty-seven) years for the Chairman, Vice Chairman, and Judge High Court; d. (2) Proven of unable to perform their duties.

Chairman, vice chairman, and trial judges who die shall automatically honorably discharged from their position by the President.

9.

The provision in Article 20 is amended so as to henceforth Article 20 read as follows:

Article 20 (1) Chairman, vice chairman, and the court judge shall be dishonorably dismissed from their positions at reasons: a. Imprisoned for a criminal offense based on the absolute courts judgment; b. Committing immoral acts;

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c. d. e. f. (2)

Continuous failure to perform obligation in carrying out his job; Breaching the oath of office; Breaching the prohibitions as referred to in Article 18 and/or. Breaching the Ethic Code and Code of Conduct of the Judge.

Proposal for the dismissal as referred to in paragraph (1) item a shall be proposed by the Chairman of the Supreme Court to the President.

(3)

Proposal for the dismissal on the grounds as referred to in paragraph (1) item b shall be submitted by the Supreme Court and / or the Judicial Commission.

(4)

Proposal for the dismissal on the grounds as referred to in paragraph (1) item c, d items, and items e shall be filed by Supreme Court.

(5)

Proposal for the dismissal on the grounds as referred to in paragraph (1) f items shall be submitted by the Judicial Commission.

(6)

Before the Supreme Court and / or the Judicial Commission proposed dismissal for reasons as referred to in paragraph (3), paragraph (4), and paragraph (5), the trial judges shall have the right to defend himself before the Panel of Honorary Justices.

(7)

Honorary Board of Judges as referred to in paragraph (6) shall be set forth in accordance with the provisions in the legislation.

10. The provision in Article 21 is amended so as to henceforth Article 21 reads as follows:

Article 21 In case the chairman or vice chairman of the court are honorably discharged from their position due to their own request in writing as referred to in Article 19 paragraph (1) items a, does not automatically be dismissed as a judge.

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11. Between paragraph (1) and paragraph (2) Article 22 it is inserted 1 (one) paragraph, namely paragraph (1a) so as to henceforth Article 22 read as follows:

Article 22 (1) Chairman, vice chairman, and the judge dismissed the court before not with respect as referred to in Article 20 paragraph (1) item b, item c, d items, items e and f items, can be suspended from their position by the Chairman of the Supreme Court. (1a) Suspension as referred to in paragraph (1) may be proposed by the Judicial Commission. (2) Any dismissal while as referred to in paragraph (1) shall also apply the provisions in as referred to in Article 20 paragraph (2). (3) Suspension as referred to in paragraph (1) shall become effective within not later than 6 (six) months. 12. The provision in Article 25 is amended so as to henceforth Article 25 read as follows: Article 25 (1) (2) The position of the protocol is set by trial judges legislation. Besides having position of the protocol, trial judges are entitled to basic salary, allowances, cost of service, pensions, and other rights. (3) Allowance as referred to in paragraph (2) in the form: a. b. (4) Position allowance; and Other allowances under the rules of the fight.

Other rights as referred to in paragraph (2) in the form: a. State-owned position house;

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b. c. (5)

Health insurance; and State-owned transportation facilities.

The judge shall be provided with security guarantee in performing their duties.

(6)

Further provisions about base salary, allowances, and other rights and security guarantees for the chairman, vice chairman, and the judge court shall be regulated by legislation.

13. The provision in Article 28 is amended so as to henceforth Article 28 read as follows:

Article 28 To be able to appointed become District Court registrar, a candidate must meet the following requirements: a. b. c. d. e. Indonesian citizen; Pious to God the Almighty; Loyal to Pancasila and Constitution Republic of Indonesia Of 1945; Graduate in law; Experienced minimum 3 (three) years as deputy registrar, 5 (five) years as deputy registrar District Court, or served as a deputy High Court registrars; and f. Spiritually and physically able to perform duties and obligations.

14. The provision in Article 29 items b is deleted so as to henceforth Article 29 read as follows:

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Article 29 To be able to become the registrar of High Court, a candidate must meet the following requirements: a. Requirements as referred to in Article 28 item a, item b, item c, d items, and items f; b. c. Deleted. Experienced minimum 3 (three) years as deputy registrar, 5 (five) years as a deputy registrar of High Court, or 3 (three) years as a District Court registrar. 15. The provision in Article 31 item b is deleted so as to henceforth Article 31 read as follows.

Article 31 To be able to be appointed as vice registrar of High Court, a candidate must meet the following requirements: a. Requirements as referred to in Article 28 item a, item b, item c, item d and items f; b. c. Deleted. Experienced minimum 2 (two) years as deputy registrar, 5 (five) years as a substitute for registrar of the High Court, 3 (three) years as deputy registrar District Court, or served as a registrar of District Court. 16. The provision in Article 36 is amended so as to henceforth Article 36 read as follows:

Article 36 The Registrar shall not have double position as:

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a. b. c. d.

Trustee; Guardian; Advocate, and / or Other judicial officials.

17. Between Article 36 and Article 37 it is inserted two (2) Articles, namely Article 36a and Article 36B which read as follows:

Article 36a Registrar, vice registrars, deputy registrar, and substitute for the registrar of the court shall honorably b discharged at reason of: a. b. c. d. Death; His own request in writing; Permanent physical or mental illness; Reaching age of 60 (sixty) years for registrars, vice registrars, deputy registrar, and substitute for registrar of the District Court; e. Reaching age of 62 (sixty-two) years for registrars, vice registrars, deputy registrar, and substitute for registrar of the High Court, and / or f. Proven of not capable in performing their duties.

Article 36B Registrar, vice registrars, deputy registrar, and substitute for the court registrar is not terminated dishonorably at the following reasons: a. Sentenced to prison for committing a crime based on court decisions that have obtained permanent legal force;

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b. c.

Committing immoral act; Failing to perform obligation in performing his job duties continuously for 3 (three) months;

d. e. f.

Violating oath or affirmation of office; Violating the ban as referred to in Article 36; and / or Violating the ethic code of registrars.

18. The provision in Article 40 is amended so as to henceforth Article 40 read as follows:

Article 40 (1) To be appointed be a bailiff, a candidate must meet the following requirements: a. b. c. d. e. f. (2) Indonesian citizen; Pious to God the Almighty; Loyal to Pancasila and Constitution Republic of Indonesia Of 1945; Passing secondary education; Experienced minimum 3 (three) years as a substitute for bailiff; and Spiritually and physically able to perform duties and obligations.

To be appointed become a substitute for bailiff, a candidate must meet the following requirements: a. Requirements as referred to in paragraph (1) item a, item b, item c, d items, and items f; and b. Experienced minimum 3 (three) years as a civil servant in the District Court.

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19. The provision in Article 45 is deleted. 20. The provision in Article 46 is amended so as to henceforth Article 46 read as follows:

Article 46 To be able to become deputy secretary appointed District Court, a candidate must meet the following requirements: a. b. c. d. e. Indonesian citizen; Pious to God the Almighty; Loyal to Pancasila and Constitution Republic of Indonesia Of 1945; Graduate in Law or administration; Experienced minimum 2 (two) years of experience in the administration of justice; and f. Spiritually and physically able to perform duties and obligations.

21. The provision in Article 47 is amended so as to henceforth Article 47 read as follows.

Article 47 To be able to become deputy secretary appointed High Court, a candidate must meet the following requirements: a. Requirements as referred to in Article 46 item a, item b, item c, d items, and items f; and b. Experienced minimum 4 (four) years of experience in the administration of justice. 22. Between the provisions in Article 52 and Article 53 it is inserted 1 (one) article

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that Article 52A which read as follows:

Article 52A (1) The court shall provide access to the public to obtain information relating to the decision and legal costs in the trial process. (2) The Court shall deliver the decision to the parties within not later than 14 (fourteen) working days after the decision. (3) If the court does not implement the provision in as referred to in paragraph (1) and paragraph (2), chairman of the court sanctioned the fight as stipulated in the regulations. 23. The provision in Article 53 is amended so as to henceforth Article 53 read as follows:

Article 53 (1) Chairman of the court shall supervise the implementation of the judge duty. (2) Chairman of the tribunal other than to supervise as referred to in paragraph (1) shall also supervise the implementation of tasks and the behavior of registrars, secretaries, and bailiffs in its jurisdiction area. (3) Besides the task to supervise as referred to in paragraph (1) and paragraph (2), chairman of the High Court jurisdiction shall supervise the court of justice at the District Court and ensure that justice was held with the carefully and appropriately. (4) In performing supervision as referred to in paragraph (1), and paragraph (2), chairman of the court shall give instructions, warning, and warnings. (5) Supervision on paragraph (1), paragraph (2), and paragraph (3) must not reduce the freedom of judges in examining and deciding cases.

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24. Between Article 57 and Article 58 it is inserted 2 (two) article that Article 57a and Article 57B read as follows:

Article 57A (1) (2) In performing judicial duties, the general court may attract legal costs. Withdrawal of legal fees as referred to in paragraph (1) must be accompanied by a valid proof of payment. (3) The cost of the case as referred to in paragraph (1) covers the cost of court reporting and cost settlement process. (4) The cost of court reporting as referred to in paragraph (3) is a non-tax revenues, which are determined in accordance with the provisions in the legislation (5) The cost of the process of settling disputes as referred to in paragraph (3) charged to the party or parties with case shall be set forth by the Supreme Court. (6) The management and accountability for the legal costs as referred to in paragraph (1), shall be reviewed by the Supreme Audit Board in accordance with the provisions in the legislation.

Article 57B (1) Each judge official is prohibited request for the cost other than the legal fees as referred to in Article 57A paragraph (3). (2) Any violation of the provisions as referred to in paragraph (1) shall be subjected sanction in terms of dishonorable dismissal as referred to in Article 20 and Article 36B. 25. Between Article 68 and Article 69 it is inserted three (3) Article, namely Article 68A, Article 68B, and Article 68C read as follows:

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Article 68A (1) In examining and deciding cases, judges should be responsible for setting and decision making. (2) The determination and decision as referred to in paragraph (1) shall contain the legal reasoning of judges based on reason and legal basis for the proper and correct.

Article 68B (1) (2) Any person who lodged the case shall be entitled to legal aid. The State shall bear the legal costs for seeking justice who can not afford. (3) Parties who cannot afford as referred to in paragraph (1) must attach a certificate from the village can not afford a place of residence in question.

Article 68C (1) In each District Court the post of legal aid shall be established for the justice seekers who are unable to obtain legal assistance. (2) Legal assistance as referred to in paragraph (1) is given free of charge, to all levels of the judiciary until the case is the decision to obtain permanent legal force. (3) Legal assistance and legal aid post as referred to in paragraph (1) and paragraph (2) shall be conducted in accordance with the provisions in the legislation.

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Article II This Law shall become effective as of the date of promulgation. For public cognizance, it is instructed to promulgate this Law by inserting the same in the State Gazette of the Republic of Indonesia

Ratified in Jakarta On : October 29, 2009 PRESIDENT OF THE REPUBLIC OF INDONESIA, signed DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta On : October 29, 2009 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA signed PATRIALIS AKBAR

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2009 NUMBER 158

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ELUCIDATION TO LAW OF THE REPUBLIC OF INDONESIA NUMBER 49 OF 2009 REGARDING SECOND AMENDMENT TO LAW NUMBER 2 OF 1986 REGARDING GENERAL COURT I. GENERAL Constitution Republic of Indonesia of 1945 in Article 24 paragraph (1) asserts that judicial authority is an independent authority to hold the judiciary to enforce the law and justice. Article 24 paragraph (2) Constitution Republic of Indonesia of 1945 determined that the judicial power made by a Supreme Court and the judiciary under the general courts, religious courts, military courts, state administrative courts, and by a Constitutional Court. The amendment to this Law, among others, motivated by the decision of the Constitutional Court Number 005/PUU-IV/2006 August 23, 2006, in which the verdict has been declared Article 34 paragraph (3) Law Number 4 of 2004 and the provisions in article-related article regarding the supervision of judges in the Law Number 22 of 2004 regarding Judicial Commission contrary to the Constitution the Republic of Indonesia of 1945 and therefore does not have binding legal force. As a logical consequence of the decision-judicial Constitutional Court, has made amendments to the Law Number 14 of 1985 on the Supreme Court, as amended by Law Number 5 of 2004 concerning Amendment to Law Number 14 of 2004 regarding the Supreme Court on the basis of Law Number 3 of 2009 on Second Amendment to Law Number 14 of 1985 on the Supreme Court, in addition to Law Number 22 of 2004 regarding the Judicial Commission itself, to several its articles have been declared not

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have binding legal force. Whereas Law Number 2 of 1986 regarding General Court, as amended by Law Number 8 of 2004 regarding Amendment of Law Number 2 of 1986 regarding General Court is one of the Law governing the courts under the Supreme Court, have also made changes as adjustments or synchronization of Law Number 3 of 2009 on the Second Amendment to Law Number 14 of 1985 on the Supreme Court and amendments to the Law Number 22 of 2004 regarding the Judicial Commission. Second Amendment to Law Number 2 of 1986 regarding General Court has laid the policy that all matters of public justice, supreme supervision of both technical concerns of judicial or non judicial affairs of the organization, administration, and finance under the authority of the Supreme Court. While to maintain and uphold the honor, grandeur of dignity, and the behavior of judges, external surveillance conducted by the Judicial Commission. Second Amendment to Law Number 2 of 1986 regarding General Court intended to strengthen the basic principle in the administration of judicial authorities, namely for the principle of independence of the judiciary and the principle of freedom of judges to run parallel with the principles of integrity and accountability of judges. Other important amendment to the Law Number 2 of 1986 regarding General Court as amended by Law Number 8 of 2004 regarding the General Court are as follows: 1. Strengthening the supervision of judges, both internal supervision by the Supreme Court as well as external oversight of judicial conduct by the Judicial Commission in maintaining and upholding the honor, dignity and nobleness judicial conduct; 2. Tighten the requirements appointment judges, both judges on the District Court and judges on the High Court, including through the selection process of judges conducted in a transparent, accountable, and participatory and must go through the process of graduate education or a

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judge; 3. 4. 5. 6. Arrangement of special ad hoc court and judge. Setting mechanism and procedure for appointment and dismissal of judges; Welfare of judges; Transparency of decisions and the limitation provision of a copy of the decision; 7. Transparency of legal fees and examination fees case management and accountability; 8. 9. Legal aid; Honorary Council of Judges and the obligation of judges to obey the Code of Ethics and Code of Conduct Judge. General amendment to Law Number 2 of 1986 regarding General Court as amended by Law Number 8 of 2004 regarding the General Court is basically to create an independent organization of judicial authorities and the judiciary is clean and dignified, which is done through the arrangement of an integrated judicial system (integrated justice system), the first general court is constitutionally is one of the judiciary under the Supreme Court which has the authority to examine, hear and decide civil and criminal cases. II. ARTICLE BY ARTICLE Article I Point 1 Article 1 Self-explanatory.

Point 2
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Article 8 Paragraph (1) By "held specialist court" shall mean the existence of differentiation / specialization in general judicial environment in which to set up special courts, such as child court, commercial court, court of human rights, judicial corruption, industrial relations court, the court fisheries in the general court, while by "that is regulated by Law" shall mean the composition, powers, and law programs. Paragraph (2) The meaning of "within a certain time joint" shall mean temporary in accordance with the provisions in the legislation. The purpose of appointment of ad hoc judge is to assist settlement of cases that require special expertise such as banking crimes, tax crimes, corruption, child, industrial dispute, telemetric (cyber crime). Paragraph (3) Self-explanatory. Point 3 Article 13A Paragraph (1) Internal control over the behavior of judges is still needed despite the existing external oversight conducted by the Judicial Commission. This allows for more comprehensive oversight so expect the honor, grandeur of dignity, and the behavior of judges can truly awake. Paragraph (2) Self-explanatory. Article 13B

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Self-explanatory. Article 13C Paragraph (1) Coordination with the Supreme Court in the provision in this involves the coordination with the judiciary under the Supreme Court. Paragraph (2) Self-explanatory. Article 13D Self-explanatory. Article 13E Paragraph (1) Self-explanatory. Paragraph (2) Code of Ethics and Code of Conduct, Judge load obligations and restrictions that must be adhered to by the judge to maintain and uphold the honor, grandeur of dignity, and the behavior of judges. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 13F By "mutation" of judges in the provisions shall include the promotion and demotion of judges. Point 4
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Article 14 Paragraph (1) Item a Self-explanatory. Item b Self-explanatory. Item c Self-explanatory. Item d Self-explanatory. Item e Education of judges organized jointly by the Supreme Court and state or private universities accredited A in the specified time and through a rigorous selection process. Item f Self-explanatory. Item g Self-explanatory. Item h Self-explanatory. Item i Self-explanatory. Paragraph (2)

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Self-explanatory. Point 5 Article 14A Self-explanatory. Article 14B Self-explanatory. Point 6 Article 15 Self-explanatory. Point 7 Article 16 Self-explanatory. Point 8 Article 19 Self-explanatory. Point 9 Article 20 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3)

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Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Paragraph (7) By "legislation" shall mean Law Number 22 of 2004 regarding the Judicial Commission and Law Number 3 of 2009 on the Second Amendment to Law Number 14 of 1985 on the Supreme Court. Point 10 Article 21 Self-explanatory. Point 11 Article 22 Paragraph (1) Suspension herein, besides those as referred to in Law Number 43 of 1999 regarding the Principles of Civil Service, shall be a penalty imposed on a judge for not examining and trying the case within a certain time.

Paragraph (1a)

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Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Point 12 Article 25 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Item a Self-explanatory. Item b Self-explanatory. Item c By "means of transportation" shall mean a four-wheel motor vehicle along the driver or other tool that allows a judge carrying out his duties. Paragraph (5)

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By "security guarantees in carrying out their duties" shall mean a judge awarded custody to attend and lead the security in the trial. Judges must be given security protection by the relevant authorities i.e. police officers for the judge able to examine, hear and decide cases properly and properly without any pressure or intervention from any party. Paragraph (6) Self-explanatory. Point 13 Article 28 Self-explanatory. Point 14 Article 29 Self-explanatory. Point 15 Article 31 Self-explanatory. Point 16 Article 36 Item a Self-explanatory.

Item b

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Self-explanatory. Item c Self-explanatory. Item d By "other judicial officer" shall mean a court secretary, deputy secretary of the court, vice registrars, deputy registrar, substitute for the registrar, bailiff, substitute for bailiff, and other structural officials. Point 17 Article 36a Self-explanatory. Article 36B Self-explanatory. Point 18 Article 40 Paragraph (1) Item a Self-explanatory. Item b Self-explanatory. Item c Self-explanatory. Item d

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By secondary education shall mean senior high school (SMA), madrasah aliyah/Islamic School (MA), secondary vocational schools (SMK), and vocational madrasah aliyah (MAK), or any other form of equals. Item e Self-explanatory. Item f Self-explanatory. Paragraph (2) Self-explanatory. Point 19 Self-explanatory. Point 20 Article 46 Self-explanatory. Point 21 Article 47 Self-explanatory. Point 22 Article 52A Paragraph (1) Self-explanatory. Paragraph (2)
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Self-explanatory. Paragraph (3) In the event that a copy of the verdict was not delivered, the head of the concerned court shall administratively be subjected to sanction in form of written warning from the Chairman of the Supreme Court. By "legislation" shall mean Law Number 14 of 2008 regarding Public Information. Point 23 Article 53 Self-explanatory. Point 24 Article 57a Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) The cost of the incoming state revenues shall be as stipulated in Government Regulation Number 53 of 2008.

Paragraph (5)

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Self-explanatory. Paragraph (6) Self-explanatory. Article 57B Self-explanatory. Point 25 Article 68A Self-explanatory. Article 68B Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) By "village" herein shall include the village, banjar, nagari, and gampong. Article 68C Paragraph (1) Self-explanatory. Paragraph (2) Legal aid assistance provided free of charge shall include the cost of execution. Paragraph (3)

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Self-explanatory. Article II Self-explanatory.

SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5077

Translated from Indonesian Language Jakarta, December 1, 2010 Authorized and Sworn Translator, FIKRI SAID OBED

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