The Mechanism for Filing A Civil Lawsuit in Indonesia

How to file lawsuit in Indonesia

Filing law suit can be less stress when you know the procedure and mechanism. Here are six steps to follow through to make your lawsuit goes smoother.    

First, Lawsuit Registration
The first step that the prospective plaintiff must take is to file a civil lawsuit by registering a lawsuit with the court. According to Article 118 paragraph (1) of HIR, the registration of the lawsuit is submitted to the District Court based on its relative competence.The relative competition is meant to determine which district court has the authority to handle the case. The method of determining the relative competence is based on the residence of the defendant (the party being sued in the case) or the legal domicile designated in the agreement.

The lawsuit should be submitted in writing, signed by the Plaintiff or his proxy, and addressed to the Head of the District Court. This lawsuit can be registered at the local district court clerk’s office.

Second, Paying Down Payment Case Fees

After the claim registration is received by the local District Court clerk’s office, then the Plaintiff is obliged to pay court fees. The court fee paid at this stage is called the down-payment of the court fee, which is a temporary fee whose final will be calculated after the court’s decision is decided.

Generally, after a court decision is issued by the judge, the losing party (between the Plaintiff and the Defendant) is the party who will bear the costs of the case. The case costs in question include costs that need to be incurred by the court in the process of examining the case, among others, fees for the clerk, stamp duty, summoning witnesses, local examination, notification, execution, and other costs required during the examination and trial process. If the down-payment of the court fee is less than the Plaintiff is obliged to add it, and vice versa, if it is more than the remaining fee must be returned to the Plaintiff.

There are exceptions for Plaintiffs and/or Defendants who are unable to pay court fees, then the Civil Procedure Code also allows for litigation without charge (free of charge). For litigation without fees, the Plaintiff may apply for a permit to file a case without charge by attaching it to his lawsuit or in a separate letter. In addition to the Plaintiff, the Defendant can also file it himself. This request is also accompanied by a certificate of incapacity from the sub-district or village head where the applicant lives.

Third, Case Registration

Case registration is the recording of a lawsuit into the Case Register Book to obtain a lawsuit number so that it can be processed further, carried out after making an upfront payment of court fees.

Fourth, Delegation of Case Files to the Head of the District Court

After obtaining the case number based on the serial number in the Case Register Book, the case will be transferred to the Head of the District Court. The delegation must be carried out as soon as possible so as not to violate the principles of simple, fast and low cost case settlement, no later than 7 days from the date of registration.

Fifth, the determination of the panel of judges by the head of the district court

After examining the file which was delegated to the Head of the District Court, the Head of the District Court will determine the Panel of Judges who will examine and decide on the case no later than 7 days after the file is received. The panel of judges consists of at least 3 judges, with the composition of one chairman of the panel of judges and 2 member judges.

Sixth, Determination of Session Day

After the panel of judges who will examine and adjudicate the case is selected, the panel of judges will sets a trial day. The determination is stated in a letter of determination no later than 7 days after the Panel of Judges receives the file. Then the Panel of Judges will summon the parties (Plaintiff and Defendant) to be present on the day of the hearing that has been determined. Then the trial process will begin in accordance with the applicable Civil Procedure Code.

by Luisa Turnip

Leave a Reply

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

Deprecated: implode(): Passing glue string after array is deprecated. Swap the parameters in /home/luisaturniplaw/public_html/wp-content/themes/total/inc/hooks/footer.php on line 82