In Indonesia, the court structure consists of the District Court, the High Court, and the Supreme Court as the highest court. The District Court handles civil and criminal cases, while the High Court serves as an appeals court. The Supreme Court, as the highest court, has the authority to review decisions of lower courts. In addition, Indonesia also has a Constitutional Court that handles constitutional disputes and judicial reviews of laws against the 1945 Constitution.
The judicial procedures in the two countries also show significant differences. In Malaysia, the judicial system is adversarial, where the parties to a dispute are responsible for presenting their evidence and arguments in court. In contrast, Indonesia uses a mixed judicial system that combines adversarial and inquisitorial elements, where the judge has an active role in the investigation and collection of evidence.
Law enforcement in Malaysia and Indonesia also shows significant differences. In Malaysia, law enforcement agencies such as the Royal Malaysia Police (PDRM) are responsible for maintaining public order and enforcing the law. The Malaysian justice system tends to be efficient, but challenges in law enforcement, such as corruption and inequality, remain. The implementation of Islamic law in Malaysia also presents its own challenges, especially in terms of the differences between sharia law and state law.
In Indonesia, law enforcement faces a number of challenges, including corruption, legal uncertainty, and the capacity of law enforcement agencies. The Indonesian National Police (Polri) and the Attorney General's Office are the main institutions in law enforcement, but they often face criticism related to transparency and accountability. The implementation of customary law and Islamic law also faces various challenges, especially in terms of harmonization with national law and implementation at the local level.
The differences in the legal systems of Malaysia and Indonesia have significant impacts on the social and economic aspects of both countries. In Malaysia, the legal system that encompasses customary law and Islamic law provides room for more flexible arrangements according to the needs of diverse ethnic and religious communities. However, differences in the application of law between ethnic and religious communities can also lead to social tensions and conflicts.
In Indonesia, the integration of customary and I
