Indonesian Civil Procedure Essay Example

to external mediation. Successful mediation will result in a Settlement and Release Agreement with the same legal effect as a court judgement being drafted and signed. However, if mediation fails and a settlement cannot be reached, it is necessary for the parties to proceed with judicial proceedings.

The justice or panel of judges will schedule the first tribunal hearing. If the suspect or their lawyer fails to appear, another hearing will be arranged and a proper summons will be requested from the Clerk Court for the suspect. In case of the suspect's absence, a default judgement may also be issued by the justice or panel of judges. Similarly, ifthe complainant or their lawyer does not show up atthe scheduled hearing,the justiceorpanelofjudgeswill dismiss thcase.In Indonesia,judicialproceedingsare primarily conducted through written documents rather than oral arguments.It is importantto note thatin Indonesia,judicial proceedings areprimarilyconductedthroughwritten documents ratherthanoralarguments.During the initial tribunal hearing, the complainant presents their statements and submits relevant facts pertaining to the case. The plaintiff's demands and expectations are also presented during this hearing for consideration by the panel of judges. The complainant starts by reading their claims and demands in "Claim and Demand" forms. After hearing the plaintiff's case, an opportunity is given by the justice or panel of judges for the defendant to propose a second tribunal hearing as a rebuttal stage. The scheduling of this rebuttal hearing is determined by them, allowing enough time for preparation of a written rebuttal (kopensi) by the defendant. In this subsequent second tribunal hearing, the defendant reads out their written rebuttal. Furthermore, both parties have the option to counter sue (rekonpensi) each other, resulting in both being defendants and plaintiffs simultaneously.

It is up to the justice or panel of judges to issue two sets of findings of facts concurrently. At the third tribunal hearing, they will hear how the plaintiff responds to statements made by the defendant during the second hearing. In the fourth tribunal hearing, they will listen to statements from the defendant regardingthe plaintiff's previous rebuttal.
The fifth and sixth hearings are specifically designated for analyzing evidence and presenting witnesses, including expert witnesses. The complainant initially presents their evidence and witnesses, followed by an opportunity for the suspect to provide supporting evidence or testimony. In the seventh hearing, both parties give their final arguments. The eighth and last hearing involves the judges deliberating on and announcing their decision.

However, these findings are not immediately enforceable; they take effect 14 days after being read unless an appeal is filed. If a party appeals, the decision cannot be enforced until it is reviewed by the High Court (Pengadilan Tinggi), which is a higher court. The High Court examines all submitted documents within 14 days of the district court's announcement without requiring physical hearings like in District Court proceedings.

If no further appeals to the Supreme Court are submitted, the High Court's decision becomes enforceable within 14 days. There are no limitations or specific procedures except for time limits when challenging a decision made by the High Court and appealing it to the Supreme Court.

The Supreme Court reviews and analyzes a cassation request (kasasi), which is the final request from lower courts.In addition, the Supreme Court has the power to conduct a case review (Peninjauan kembali) if new evidence justifies it. The Supreme Court is responsible for making decisions

on jurisdiction disputes between different types of courts in both initial and final cases. There are three grounds for the Supreme Court to overturn a lower court's factual finding: if the court acted beyond its authority, applied the law incorrectly or violated existing laws, or failed to meet certain requirements imposed by the law. When reviewing a case, the Supreme Court considers the same materials presented at the District Court and does not accept new evidence or request another court hearing. The procedure at the Supreme Court is similar to that of the High Court. Generally, a cassation request is only allowed when there are no other ordinary means of obtaining justice available. If a case can be appealed to a second-instance court (High Court), then a cassation request will not be successful. However, if determinations do not meet formal requirements stated in the ordinance regarding nullification, exceed jurisdiction limits set by lower courts in their decision-making process, or involve improper application, violation, or incorrect use of laws and regulations by the Court, then cassation may succeed.The 4th chapter of The Rules of Civil Procedure Book explains the five types of evidence taken abroad. These include various forms such as documentary evidence like ordinary documents, notarial works, and privately executed agreements. Verbal testimony is also considered as evidence, where witnesses provide sworn statements in open court. Inferences, confessions, and written witness statements are other forms that are sworn in front of a public notary. Courts can also exercise "Judicial Notice," relying on their own knowledge of relevant facts and circumstances. This concept is known as "judicial notice" in some legal jurisdictions. Judicial notice without inquiry

occurs when widely known facts do not require proof and are considered common knowledge.

The purpose of judicial notice is to assist parties who would otherwise need to prove disputed facts. In Indonesia, judges have the authority to request inquiries and evidence from informants. According to the Electronic Information and Transactions Law of 2008, electronic information and documents are now accepted as valid evidence in courts (with exceptions for certain documents that must be written and legalized by public notaries or land title officials). Unlike the Common Law system, Indonesia does not have pre-trial discovery procedures.According to Indonesian Civil Procedural Law, individuals must provide evidence of their claims or facts when confirming or disputing someone else's rights. In the District Court stage in Indonesia, a default judgment can be issued if the defendant or their lawyer fails to appear in three consecutive hearings after being properly served with notice. However, the defendant has the right to oppose this judgment. All legal processes are carried out by court officers, not private process servers. Drumhead judgments are not recognized in Indonesian civil procedural jurisprudence. The general rule for enforcing foreign judgments in Indonesia is based on territorial jurisdiction; however, foreign judgments are generally not enforceable unless there is a bilateral or multilateral pact with the relevant state. Historically, international arbitration judgments have been prohibited from enforcement by Indonesian courts unless confirmed through the Indonesian judicial system. Nevertheless, Indonesia has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Award (New York Convention 1958), which allows for enforcement unless it violates public policy or damages public order.The media's attention to Indonesia's refusal to publish the Writ of

Execution suggests their reluctance in enforcing foreign arbitration awards. The Department of State's circular provides a general summary of legal requirements in foreign countries, which may not be entirely accurate for specific cases. It is recommended to consult with foreign counsel for specific interpretation of foreign laws. This circular aims to offer information on U.S., foreign, and international law without expressing any opinion or taking a stance on ongoing judicial proceedings. In terms of obtaining evidence, voluntary depositions can be conducted in Indonesia without involvement from Indonesian authorities as long as they are willingly given and free from coercion. Informants have the right to decline an oath or refuse to answer questions. Oral depositions or depositions based on written inquiries can be carried out by U.S. consular officers or private lawyers from either country at various locations such as U.S. consular premises, offices, or hotels. The following text presents details about acquiring evidence abroad and arranging for U.S. consular assistance during depositions. If the services of a U.S. consular officer are required, prior arrangements must be made with the U.S Embassy in Indonesia.
Contact the embassy to schedule informant depositions on consular premises, administer oaths off-site, or obtain information about reporters, translators, or amanuenses. The general circular "Obtaining Evidence Abroad" provides a checklist of specific information required in requests to the U.S Embassy. The Office of American Citizen Services offers a detailed guide on submitting information for voluntary depositions at the American Embassy in Indonesia. To conduct informal interviews or depositions related to judicial aid, local, state, or U.S government officials must receive formal clearance from both the U.S. Embassy and the host country. Send requests

for host state clearance to the U.S. Embassy in Jakarta through the East Asia and Pacific Division of the Office of American Citizens Services, which will then forward it to the Foreign Ministry of Indonesia. It is important to note that police clearance does not serve as official host state clearance. When obtaining evidence in Indonesia, it's worth mentioning that this country is not a party to the Hague Convention. Instead, evidence can be obtained through a letter rogatory - a request from a U.S court directed towards the Appropriate Judicial Authority within the foreign state concerned. For more detailed information on this process, please refer to our general information circular titled "Preparation of Letters Rogatory".There are no specific laws or regulations in Indonesia regarding depositions requested by foreign courts through Indonesian courts. Therefore, there is no established procedure for approaching Indonesian courts in such cases. It is important to note that when foreign courts execute letters rogatory to compel a witness to answer written questions, the evidence is taken according to the rules of that foreign court.

Typically, American lawyers are not allowed to participate in these proceedings, although occasionally a foreign lawyer may be present and ask additional questions. Some foreign countries do not usually have tribunal newsmen or provide verbatim transcripts. In certain situations, the presiding judge may have their secretary record the witness's responses.

Letters rogatory can take anywhere from six months to a year to be executed globally, including those sent to the United States. When preparing a letter rogatory for Indonesia, specific factors must be included such as reciprocity and willingness to reimburse Indonesian judicial authorities for incurred costs during the

process.

It is necessary to attach a certified translation in Indonesian along with an English version of submitted documents and have the judge's signature and seal on the letter rogatory. Additionally, all documents should be authenticated through the Indonesian Embassy located at 2020 Massachusetts Ave., N.W., Washington D.C., 20036.To obtain information about fees associated with this process, it is recommended to contact the Consular Section of the Indonesian Embassy. Please consult our general information circular for guidance on how to authenticate documents for international use. For letters rogatory-related consular services, there is a fee of $455.00, which will be deducted from the $500.00 deposit check payable to American Embassy Jakarta. In cases where government officials are involved, there may be no fee required; however, local governments in the foreign country may impose their own fees that must be paid by the requesting authority in the United States. If necessary, you may be asked to provide a federal appropriation number and fund code or a check for outstanding foreign fees. Service of process in Indonesia can be performed using international registered mail with a return receipt or other approved methods. Alternatively, personal service through an agent can be arranged by hiring an Indonesian lawyer who will handle all necessary paperwork and execute an affidavit of service at the U.S. embassy. The U.S. consular officer charges a fee of $55.00 for notarial service, and lists of lawyers can be obtained from the Office of American Citizens Services if needed.
Documents originating from Indonesia that are intended for use in the United States must be authenticated by a U.S. consular officer in Indonesia, with a fee of $32.00 per document

payable to the American Embassy in Jakarta. Similarly, documents originating from the United States and intended for use in Indonesia must be authenticated by the Indonesian Embassy.

To gather information on civil procedure law, various books were consulted including R. Soepomo's "Hukum Acara Perdata Pengadilan Negeri" and Retnowulan Sutantio and Iskandar Oeripkartawinata's "Hukum Acara Perdata dalam Teori dan Praktek." The author of this text completed the translation which can be accessed at http://www.aseanlawassociation.org/papers/JudicialSystem.pdf. This website also contains the paper titled "Judicial System," last visited on November 1st, 2011.

Additional information on "Indonesia Civil Procedure" can be found at www.suyud.com, last visited on November 2nd, 2011. References [3] and [4] are available on this website as well. Furthermore, reference [5] is accessible at: hypertext transfer protocol: //d-arch.ide.travel.jp/idedp/IAL/IAL002100_004.pdf, last visited on November 2nd, 2011. Reference [6] can also be found there.

For further details, reference [7] is provided at: hypertext transfer protocol: //www.travel.province.gov/law/judicial/judicial_651.hypertext markup language