Indonesian Civil Procedure
CIVIL PROCEDURE PROCESS IN INDONESIA
a. Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations, which were adopted from the Dutch Colonial system, which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.).
Furthermore, based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained in force up to the new regulations in relation to the Civil Procedure Process will be issued in purpose of ensuring uniformity in the administration, competency and procedure of the civil courts.
However, in relation to the matters of obtaining the evidences and the subjects that are parts of the Civil Case, the Burgerlijk Wetbook/the Codes of Civil Procedure Book/Kitab Undang-Undang Hukum Perdata.
I. Service Process I.1 The First Court Process in District Court The first court in the civil procedure in relation to the civil case should process is the District Court (Pengadilan Negeri). The first process should be the plaintiff registers their claim with the registrar office of a District court through the Head of the Clerk Court. Afterwards, the head of the District Court will resume the claim in relation to appoint a single judge or a panel of judges to examine the case. Generally, a lot of cases are heard and examined by a panel with three judges. The appointed judge or judges will sit for hearings, examinations, and, finally, will issue a decision. The court will schedule dates of hearings and will summon parties to appear before the court. However, if the address of the parties is unknown and/or unrecognized, the notice of the court hearing’s schedule and also the content of the summons should be conducted and announced through the advertisement in a national newspaper. After the notice of the schedule of hearing have
a. Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations, which were adopted from the Dutch Colonial system, which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.).
Furthermore, based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained in force up to the new regulations in relation to the Civil Procedure Process will be issued in purpose of ensuring uniformity in the administration, competency and procedure of the civil courts.
However, in relation to the matters of obtaining the evidences and the subjects that are parts of the Civil Case, the Burgerlijk Wetbook/the Codes of Civil Procedure Book/Kitab Undang-Undang Hukum Perdata.
I. Service Process I.1 The First Court Process in District Court The first court in the civil procedure in relation to the civil case should process is the District Court (Pengadilan Negeri). The first process should be the plaintiff registers their claim with the registrar office of a District court through the Head of the Clerk Court. Afterwards, the head of the District Court will resume the claim in relation to appoint a single judge or a panel of judges to examine the case. Generally, a lot of cases are heard and examined by a panel with three judges. The appointed judge or judges will sit for hearings, examinations, and, finally, will issue a decision. The court will schedule dates of hearings and will summon parties to appear before the court. However, if the address of the parties is unknown and/or unrecognized, the notice of the court hearing’s schedule and also the content of the summons should be conducted and announced through the advertisement in a national newspaper. After the notice of the schedule of hearing have