Settlement of Pre-Judicial Disputes or Prejudicial Geschill in the Legal System in Indonesia (Overview of PERMA No. 1 of 1956)

Abstract

This paper is entitled Settlement of Prejudicial or Prejudicial Geschill Dispute Problems in the Legal System in Indonesia (Review of PERMA No. 1 of 1956). The formulations of the problems discussed in this paper are: 1) how is the conception of prejudicial or prejudicial geschill disputes in the legal system in Indonesia based on PERMA No. 1 of 1956 and; 2) how a geschill prayudicial or prejudicial dispute is resolved in a concrete case. The research method used in this paper is normative research with the statue approach and the doctrinal approach. The results of the research in this paper are: First, prejudicial or prejudicial geschill disputes are judicial disputes that arise between criminal courts and civil courts, which must be resolved first is the civil dispute. In the legal system in Indonesia, the settlement of formal disputes is regulated through PERMA No. 1 of 1956 and SEMA No. 4 of 1980. Although in both provisions, criminal cases can be suspended, but the nature of these provisions is non-imperative. So that the implementation is returned to the judge in charge of the case. Second, although at the theoretical level there are laws and regulations governing pre-judicial dispute resolution, at the practical level there are still problems in its enforcement. The Supreme Court, through its jurisprudence, has established many legal bases in solving religious disputes. Basically, it is still prohibited to impose limits or intervention on judges in interpreting a case and legal regulations.