Definition Judex Facti and Judex Juris
Question : what is the Definition of Judex Facti and Judex Juris? and what is the difference between the two terms?
First of all, i would like to convey that the justice system in Indonesia recognizes three types of levels, namely the District Court (Pengadilan Negeri), the High Court (Pengadilan Tinggi) and the Supreme Court (Mahkamah Aagung). At this level of justice, there are two types of authority in examining cases, namely the authority of Judex Facti and Judex Juris. District Courts and High Courts have judex facti authority while the Supreme Court has judex juris authority.
Judex Facti means the authority of the District Court and High Court to examine facts and evidence relating to the case being tried. While the Judex Juris is the authority of the Supreme Court at the cassation hearing to examine the legal application of the decisions of the District Court and High Court in certain cases and not examine the facts related to the case. So, to simplify the difference between the two terms, it can be concluded that the District Court (Pengadilan Negeri) and the High Court (Pengadilan Tinggi) are Judex Facti, while the Supreme Court (Mahkamah Aagung) is Judex Juris.
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