INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
5. Discovery 5.1 Discovery and Civil Cases In Indonesian civil procedure, the concept of discov- ery is not formally recognised. 5.2 Discovery and Third Parties There is no process by which a third party can be compelled to produce evidence in civil proceedings. 5.3 Discovery in This Jurisdiction There is no general discovery process in Indonesia. Parties must disclose and submit all relevant docu- ments that support their claims or defences at the evi- dence hearing during proceedings. There is no obliga- tion to disclose documents that may be unfavourable to a party’s case unless ordered by the court. 5.4 Alternatives to Discovery Mechanisms Evidence in Indonesian civil cases is developed through the submission and examination of eviden- tial documents and witness testimonies. There is no formal discovery process akin to that in common law systems; instead, the evidentiary process is primarily party-driven and conducted under judicial supervi- sion. Documents are formally admitted into the record dur- ing court hearings. The party introducing a document must explain its relevance and authenticity, which typically must be directly related to the issues being litigated. The opposing party is given an opportunity to challenge the document’s validity or relevance. Witnesses are called to testify in court, where their statements are taken under oath. The court examines each witness, and both parties are allowed to pose questions to the witnesses. Parties may also present expert witnesses to provide specialised knowledge or opinions relevant to the case. The court evaluates the credibility and relevance of expert testimony before admitting it into the record. The court has significant discretion in determining whether evidence is admissible. The judges evaluate the relevance, necessity, and reliability of the evidence
presented and may exclude evidence deemed inad- missible. 5.5 Legal Privilege Indonesia recognises the concept of legal privilege, particularly in the context of attorney-client commu- nications. Indonesian advocates (lawyers) are bound by a duty of confidentiality, as stipulated in Law No 18 of 2003 on Advocates (the “Advocate Law”) and the Indonesian Bar Association Code of Ethics. This duty requires lawyers to keep all information shared by their clients confidential, and they cannot disclose such information without the client’s express consent. The confidentiality obligation covers all communications and documents exchanged between a lawyer and their client, provided the communications are made in the context of seeking or providing legal services. With regard to external and in-house counsel, if these individuals are also advocates that are sworn in by the high court, then the confidentiality obligations under the Advocate Law and Code of Ethics will also be applied to them. Additionally, an external and in-house counsel are usually bound to their contract or com- pany’s regulation, which would usually also include a confidentiality obligation. 5.6 Rules Disallowing Disclosure of a Document Parties have the discretion to present or choose not to present any written evidence that may support their claim or defence. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctive relief is available but is not commonly issued by the courts. Indonesian courts do not have a strong tradition of granting injunctive relief, especially in civil and commercial cases, where remedies tend to be compensatory rather than preventative. In Indonesian law, injunctive relief is a form of court order designed to prevent harm or preserve the status quo before a full hearing on the merits of a case. The courts have discretionary authority to issue injunctions based on the urgency and necessity of the situation.
462 CHAMBERS.COM
Powered by FlippingBook