Legal Literacy - Terms judex factie and judex jurist are frequently encountered in first instance and appeal court proceedings, as well as cassation proceedings in the Supreme Court.

This article discusses in depth what judex factie and judex jurist is in the Indonesian judiciary.

Definition Judex Factie and Judex Jurist

Along with the development of the judiciary in Indonesia, cassation examination is not only limited to examining the application of law, but also adjudicating the facts that have been examined by the first instance and appeal courts.

This makes the judicial system in Indonesia divided into three levels of courts, namely the first instance court, the appeal court, and the cassation court. The mention of these three levels of court proceedings is known as two terms judex factie and judex jurist.

Etymologically, these two concepts come from Latin, namely judex factie meaning "judges (who examine) the facts" and judex jurist meaning "judges (who examine) the law".

As for the term, judex factie is a judge assigned to examine the facts of the trial, whether the facts prove the case or not. Meanwhile, judex jurist is a judge who plays a role in examining the application of the law, whether there is an error in the application of the law in court judex factie.

In this case, the institutions that act as judex factie include District Court as the first instance court and High Court as the appeal court. They are the first courts tasked with examining, deciding, and resolving cases.

As for the institution that acts as judex jurist namely the Supreme Court as the cassation court. At the cassation level, the Supreme Court no longer examines the facts and evidence of the case. The Supreme Court only examines the interpretation, construction, and application of the law to the facts that have been determined by judex factie. Therefore, the Supreme Court is called judex jurist.