The General lawsuit/tort/civil law case proceeding flows in Indonesia:
General lawsuit/tort/civil law case proceeding flows in Indonesia:
- The legal subject/person/legal entity (the plaintiff) who objected or felt that his/her rights had been violated by another legal subject/person/legal entity (the defendant) make and file a lawsuit/tort to the competent District Court;
- The District Court will examine the completeness of the documents in the form of a lawsuit and a power of attorney if using a legal representative;
- If the conditions are fulfilled, the District Court will register the case and the case number will be given after the invoice of the filling the lawsuit/tort have been paid by the Plaintiff. Later the parties will be summoned by the District Court with an official letter to attend the trial;
- The general agendas of the trial are:
- The identity checking and the Power of Attorney checking (if use a Lawyer);
- The mediation process by appointing a mediator;
- Mediation;
- If the mediation goes well, it will be decided by the decision of the deed of peace, otherwise it will be continued to the agenda of the reading of the lawsuit/tort;
- Exception/objection/answer from the defendant (reply to each other of the parties, we call it replik and duplik);
- Before the verification process there’s possibility of an Interlocutory Verdict/Decision from the Judges (regarding the granting or not granting of the absolute/relative competence of the court, intervention lawsuit etc.,);
- Authentication (examination of legal standing, witnesses, evidence(s), expert(s), examination of the land(s) or premises and others;
- Conclusion (can be lodge by the parties);
- Decision/Verdict by the Judges.
- If the parties do not accept the decision of the Court at the District Court level, then they can appeal within 14 days since the decision is pronounced or after being notified to the parties if they’re absent which is lodge through the District Court’s Clerk which has decided the case so that the case is examined by the High Court. If the parties do not accept the High Court’s decision then the parties can file an appeal (we called it “kasasi”) within 14 days since the decision is pronounced or after being notified to the parties if they’re absent so that the Supreme Court can examine the case which is lodge through the District Court’s Clerk which has decided the case. The parties can also take extraordinary legal efforts, namely a Judicial Review (Peninjauan Kembali/PK) to the Supreme Court which is lodge through the District Court’s Clerk which has decided the case if the Decision has been legally binding.
- The filing of a lawsuit can also be filed by online.
Thus, the general flows of lawsuit/tort proceeding in courts throughout Indonesia, in fact there are still many details that I could explain, but in order to shorten the time and to simplify for the general public to understand, I summarize it in outline and the rest you can read in the source below or you can consult with us.
Source:
- Yahya Harahap, S.H., 2008, Hukum Acara Perdata tentang Gugatan, Persidangan, Penyitaan, Pembuktian dan Putusan Pengadilan, Sinar Grafika, Jakarta.
- https://pn-karanganyar.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/813-tata-urutan-persidangan-perkara-perdata
- https://pn-klaten.go.id/main/index.php/tentang-pengadilan/kepaniteraan/kepaniteraan-perdata/653-tata-urutan-persidangan-perkara-perdata
- http://pn-ponorogo.go.id/joomla/index.php/kepaniteraan/kepaniteraan-perdata/upaya-hukum-perdata/banding-perdata
- http://pn-ponorogo.go.id/joomla/index.php/kepaniteraan/kepaniteraan-perdata/upaya-hukum-perdata/kasasi-perdata
- http://pn-ponorogo.go.id/joomla/index.php/kepaniteraan/kepaniteraan-perdata/upaya-hukum-perdata/peninjauan-kembali-perdata
Dharma Na Gara
Dharma Na Gara, S.H.,M.H., and Partners is a Law Office which established in 2016 and experienced in the law enforcement in Indonesia since 2011, we’re focusing on 3 Major Fields of Law, they’re Civil Law, Criminal Law and State Administration Law.
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