INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
4.3 Dispositive Motions Any procedural objection may be submitted by the defendant once the trial has commenced. No objec- tions may be filed before the proceedings are officially underway. However, procedural objections must be raised by the defendant before the court examines the substantive issues or merits of the case. Common grounds raised by defendants include lack of jurisdiction, lack of legal standing, and formal defects in the lawsuit. 4.4 Requirements for Interested Parties to Join a Lawsuit An interested party who is not registered as a party to the lawsuit may join the proceedings if they have a legal or factual interest in the case’s outcome. This typically occurs when a judgment would impact their rights or obligations. Under Indonesian civil procedur- al law, this is known as intervention. Generally, there are three types of intervention. These are as follows. • Voeging A third party voluntarily joins the civil dis- pute proceedings to support either the plaintiff or the defendant. • Tussenkomst A third party voluntarily joins the civil dispute proceedings without siding with either the plaintiff or the defendant, acting instead to protect their own independent interests. • Vrijwaring A third party is brought into the civil dis- pute proceedings by one of the existing parties to share or assume liability. The interested party must file a motion to join the pro- ceedings. This motion must clearly state the reasons for their interest in the case and explain how the out- come may affect them, which can be supported by any relevant evidence. The motion should generally be filed at an early stage of the proceedings, ideally before the mandatory mediation between the parties or the substantive examination of the case, to ensure that the joinder does not cause undue delay. 4.5 Applications for Security for Defendant’s Costs Requests for security for costs are uncommon in Indo- nesia, as they are not explicitly provided for under Indonesian civil procedural law.
4.6 Costs of Interim Applications/Motions There are no special fees for filing an interim applica- tion or motion in Indonesia. All court fees must be paid in full and in advance by the plaintiff when fil- ing the lawsuit with the court. These advances cover various expenses related to processing the case, such as administrative costs, summons, notifications, and other procedural activities. The total amount of the advance fee depends on the nature and complexity of the case, as well as the specific court handling it. Each court may have its own fee schedule, which can be accessed through official court websites or by con- tacting the court directly. If the actual costs incurred during the proceedings are less than the advance payment, the remaining balance is typically refunded to the paying party. Courts are responsible for notifying the parties about any remain- ing balance. Conversely, if the actual costs exceed the initial advance, the court may require additional payments to cover the shortfall, which are generally borne by the plaintiff as the initiating party. However, it is common for the parties to request that these fees be reimbursed or assigned to the losing party, subject to the court’s final decision on the allocation of costs. 4.7 Application/Motion Timeframe Following the hearing at which the plaintiff’s lawsuit is read, the defendant will have one to two weeks to respond. This response may include raising objections or exceptions, which are typically submitted with the statement of defence to the plaintiff’s claims. If the objection pertains to the jurisdictional authority of the court to hear and adjudicate the case, the pan- el of judges may address the absolute competence objection before it examines the substantive dispute. Typically, an objection pertaining to the court’s juris- diction is decided by the court after a number of hear- ings, including the filing of various submissions, which can take between six and 24 weeks after the objection is filed.
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