Pengadilan Kasasi dalam Menjamin Keadilan: Studi Perbandingan di Mesir dan Indonesia

Abstract

This article highlights the implementation of cassation courts in Egypt and Indonesia, focusing on the role of relevant supporting institutions. Egypt, with its rich historical background, offers a unique legal framework for its judicial system. Likewise, Indonesia has an evolving judicial system with its own characteristics. Using a comparative approach, this study identifies fundamental differences and similarities in the objectives and legal philosophies underlying the regulation of cassation in the two countries. The findings show that Egyptian judicial practice involves a dual system recognizing Islamic sharia as the primary source but its application is not across all aspects of the law. In Egypt, the Court an-Naqdh manages the cassation process with support from al-Maktab al-Fanni, which is in charge of documenting and publishing decisions. In Indonesia, a similar function is performed by the Supreme Court's Legal and Public Relations Bureau, but without a separate unit equivalent to al-Maktab al-Fanni. Although Egypt and Indonesia share some similarities in the exercise of the cassation function, differences in the legal structures and philosophies of the two countries result in significant variations in practice.