Concept Judex Factie

Judex factie is a panel of judges at the first level who have the obligation to examine the evidence of an incident. Not only that, they must also apply the rules and other legal provisions to the facts of the case.

In other words, judex factie it is a judicial system in which the panel of judges plays a role as the discoverer of the correct facts. The decision taken from this judicial system is called a decision judex factie. Meanwhile, the judicial institution judex factie is the District Court and the High Court.

Function judex factie is carried out through several stages, namely

  1. Formulating the facts.
  2. Finding causal relationships.
  3. Conducting probability calculations.

Furthermore, the District Court as an institution judex factie has the authority explained in Article 50 of Law Number 2 of 1986, namely:

"The District Court has the duty and authority to examine, adjudicate, and resolve criminal and civil cases at the first level."

The authority of the District Court is explained in more detail in Articles 84, 85, 86 of the Criminal Procedure Code, namely:

Article 84 of the Criminal Procedure Code

(1) The District Court has the authority to try all cases regarding criminal acts committed within its legal jurisdiction.

(2) The District Court in whose legal jurisdiction the defendant resides, last resided, is found or detained, only has the authority to try the defendant's case, if the residence of the majority of the witnesses summoned is closer to the location of the district court than the location of the district court in whose jurisdiction the crime was committed.

(3) If a defendant commits several criminal acts within the legal jurisdiction of various District Courts, then each District Court has the authority to try the criminal case.

(4) For several criminal cases that are related to each other and committed by one person within the legal jurisdiction of various District Courts, they are tried by each District Court with the provision that the possibility of combining the cases is opened.

Article 85 of the Criminal Procedure Code

In the event that the regional situation does not allow a District Court to try a case, then at the suggestion of the head of the district court or the head of the relevant District Attorney's Office, the Supreme Court proposes to the Minister of Justice to determine or appoint a district court other than that referred to in Article 84 to try the case in question.