Indonesian Civil Procedure

Topics: Judge, Legal terms, Court Pages: 11 (3494 words) Published: January 31, 2013

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.1The 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 been delivered and well received by the Parties or the representatives and/or the assignees, there will be eight hearing phases in the District Court.

At the first court hearing, if the plaintiff and defendant attend the hearing session, the judge or the panel of judges will ask both parties whether or not they have attempted to do mediation or a settlement outside the Court prior to appearing before the court. If the parties agree to do the mediation, the panel of judges has the obligation to mediate between the parties or order that they resolve this matter through external mediation outside the court.

If the mediation process conducts, the parties will draw up, enter and sign a Settlement and Release Agreement (Akta Perdamaian). This Settlement and Release will have the same effect enforceable as a court judgment as stipulated in the verdict. If the mediation fails and the dispute settlement cannot be reached, therefore the parties should proceed to litigation and the first court hearing will be scheduled by the judge or by the panel of judges.

If a defendant or their attorney or appointed lawyer does not appear in the first hearing, the panel of judges will schedule another hearing and ask for the defendant to be properly summoned by the Clerk Court. The judge or the panel of judges may also, however, issue a default judgment in the absence of the defendant. Furthermore, if the plaintiff or their attorney and/or their appointed lawyer fails to appear on the scheduled hearing, the judge or panel of judges will declare the lawsuit null and void. As to be highlighted that, the litigation process in Indonesia for the process is more of a 'paper' process than an oral one.

The first court hearing is proposed to the plaintiff giving their arguments and submitting their facts of the case. Furthermore, in this first court hearing, the Plaintiff’s demands should be made and submitted in relation to their...
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