Is it necessary to call a judge with a your Excellency name?

No legal basis can be found in the form of statutory regulations that require a witness, suspect, prosecutor, lawyer or court visitor to summon the judge as “Your Excellency” in the trial. However, in the regulation of the constitutional court no. 19 of 2009 concerning Procedures for the trial (“PMK 19/2009”) regulates the obligations of the parties, witnesses, experts and court visitors to respect the judge.

This obligation is regulated in Article 6 of PMK 19/2009 which states:

The parties, witnesses, experts and visitors to the trial are obliged to:

a. Occupy the seats that have been provided and sit in an orderly and polite manner during the trial.

b. Show respect to the Panel of Judges by standing up when the Panel of Judges enters and leaves the courtroom.

c. Paying respect to the Panel of Judges by bowing every time they enter and leave the courtroom. In the event that the parties, witnesses, and experts will present their opinions and/or responses, they must first request and/or obtain permission from the chairman of the session. The parties, witnesses and experts present their statements after being given the opportunity by the chairman of the trial. The parties, witnesses and experts submit evidence or other case files in the trial to the Panel of Judges through a substitute clerk or trial officer assigned to it Your Excellency.

The arrangement essentially does not require a person attending a trial to refer to a judge as “your honor”. However, everyone who attends the trial including the applicant, the respondent or his legal counsel, expert witnesses, and court visitors must show respect to the Constitutional Court of Justice. So the mention of the magistrate “Your Majesty” is just a way of showing that respect.

In addition, from an online legal search, even though it is not a statutory regulation, a number of complaints in Indonesia through their official website do require everyone who enters the court building to call a judge with the title “noble”.

Leave a Reply

Your email address will not be published. Required fields are marked *