Law of Indonesia

Module 4

Courts and the legal professions: judicial independence, the Supreme Court and the general courts, the Constitutional Court, specialised courts, advocates, prosecutors, notaries and the path to practise

Indonesia has two highest courts: the Supreme Court (Mahkamah Agung) at the top of the ordinary court system, and the Constitutional Court (Mahkamah Konstitusi), created in 2003 to decide constitutional questions. Beneath the Supreme Court are four court environments: general, religious, military and administrative courts, with specialised courts (commercial, industrial relations, corruption and others) attached to them. Judicial independence was strengthened after 1998, when administration of the courts passed from the government to the Supreme Court (the ‘one roof’ system). The legal professions are separate: advocates represent clients, prosecutors act for the state, judges decide, and notaries and land deed officials make authentic deeds. For a foreigner, the key facts are where a claim is heard, who may act as a lawyer and what a foreign lawyer may and may not do.

General education on the law of Indonesia, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the region and the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult an Indonesian advocate for any real matter.

This course was written on 5 November 2026. To the best of our knowledge, it describes the law of Indonesia as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.