INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
1.4 Legal Representation in Court Legal representatives must meet specific require- ments to appear and conduct cases in court. These requirements are intended to ensure that only quali- fied and competent professionals represent clients in judicial proceedings. Lawyers must hold a law degree from a recognised university and complete a professional advocate train- ing programme. They must also pass the bar examina- tion administered by the Indonesian Bar Association and be sworn in by the high court. Only those offi- cially registered with the Indonesian Bar Association are authorised to practise law and represent clients in court. Duly licensed lawyers have the right of audience in all courts across the country and may represent clients in both civil and criminal cases. Foreign legal consultants or advisers are permitted to practise in Indonesia, particularly in international or cross-border matters, but they cannot conduct court cases or engage in any direct advocacy. Foreign law- yers are also required to work in co-operation with local law firms and are subject to regulations imposed by the Ministry of Law and the Indonesian Bar Asso- ciation. The general notion in Indonesian litigation is that each party bears its own legal fees. It is therefore extremely rare for a party to recover legal fees from the other party in court litigation, and, in addition, collection through the court enforcement process is cumber- some. For these reasons, third-party litigation fund- ing is not particularly prominent at the present time. Nevertheless, there is no regulation on third-party liti- gation financing, as it is neither expressly allowed nor forbidden by current legislation. In the absence of a regulatory framework governing third-party funding in litigation, the prevailing norms of Indonesian contract law apply, providing for contractual freedom and party autonomy. Given the lack of specific regulations, par- ties should exercise caution to ensure that their fund- 2. Litigation Funding 2.1 Third-Party Litigation Funding
Constitutional Court (Mahkamah Konsititusi) The Constitutional Court of Indonesia ( Mahkamah Konstitusi or MK) is a specialised court that primarily deals with constitutional matters. Its jurisdiction cov- ers various matters including judicial review of legis- lation, disputes between state institutions, disputed election results, and dissolution of political parties. The Constitutional Court’s decisions are final and binding, meaning there is no appeal or higher review mechanism. Commencement of a case to the first hearing typically takes several weeks, depending on the complexity of the case and the Court’s docket. Disputes involv- ing foreign parties will take significantly longer due to lengthy service processes, which may take one to two years. 1.3 Court Filings and Proceedings In Indonesia, court filings and proceedings are gen- erally open to the public as part of the principle of transparency in the judicial system. This can be seen online through the case-tracking information system ( sistem informasi penelusuran perkara ), which allows the public to access information about the status of cases being handled by the respective courts. Furthermore, court decisions that have obtained legal force are generally accessible to the public through the decision directory ( direktori putusan ) managed by the Supreme Court of Indonesia. Similarly, court hearings are typically conducted in open court, and members of the public and media are allowed to attend. However, there are specific excep- tions where court proceedings and documents may be restricted from public access to protect privacy or sensitive information. For example, cases involving minors, family disputes (eg, divorce and child custody), or matters that could threaten public morality or national security may be heard in closed sessions. In these instances, only the parties involved and their legal representatives are permitted to be present.
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