INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
critical that the summons is served correctly to ensure that the defendant is fully informed of the legal action. Since the expansion of the electronic court system (ie, e-Court), filing and summons are conducted electroni- cally, although physical summons and filings remain mandatory. At the initial hearing, if all parties are present, they are required by the presiding judges to participate in court-ordered mediation in an attempt to resolve the dispute amicably. The proceedings are then adjourned for a period of 30 days to facilitate this mediation, which is provided at no cost if conducted by a court- appointed mediator in a designated courtroom. These mediation sessions are generally confidential, unless otherwise agreed by the parties. Since 2022, mediation may also be conducted online through e-Mediation features of the court system. If the mediation results in a settlement, the parties will formalise the agreement in a settlement document, which can be ratified by the judges’ panel. This ratified agreement holds the same legal authority as a court judgment. If mediation fails to produce a resolution and no exten- sion is requested for an additional 30 days, the litiga- tion will proceed with the presentation of the plaintiff’s claims. Should any or all parties be absent from two consecutive mediation sessions, the mediator must declare the mediation unsuccessful, leading the judg- es to continue with the trial. In civil disputes, hearings typically follow a structured sequence with a one- to two-week interval between each stage as follows. • Plaintiff’s Claims: The plaintiff reads their statement of claims. • Defendant’s Defence: The defendant responds with a statement of defence against the plaintiff’s claims and may also file a counterclaim. • Rejoinders and Responses: The plaintiff submits a rejoinder to the defendant’s defence and responds to any counterclaims, followed by the defendant’s response to the rejoinder.
• Interlocutory Judgment (if Any): Should the defend- ant challenge the jurisdiction of the court, and if the court accepts this challenge, an interlocutory judgment will be rendered, dismissing the plaintiff’s claims pending further review. However, the plain- tiff will retain the right to appeal this decision to the higher courts. Conversely, if the court rejects the jurisdictional challenge, it will issue an interlocutory judgment affirming its authority and proceed to the evidential phase of the trial. • Submission of Evidence: Both parties, beginning with the plaintiff followed by the defendant, submit their documentary evidence for court verification. • Witness Examination: The court reviews testimony from witnesses presented by the parties, including factual witnesses and experts, who must deliver their testimony orally under oath. However, pre- senting witnesses is not mandatory, and parties may decide whether or not to introduce witness testimony. Remote witness is now permitted through audio-visual communication media such as teleconferencing. • Conclusion: Both parties may submit a written con- clusion summarising their cases. • Final Judgment: The judge sets a date to render the final judgment. Oral arguments are uncommon in the trial, as parties primarily present their arguments in written form. Following a district court’s final judgment, any disa- greeing party may appeal to a higher court within a standard period of 14 days from the date of the judg- ment. The appellate court reviews and may affirm, reverse, or amend the lower court’s decision. Once the judgment is final and enforceable, the pre- vailing party may initiate enforcement actions, such as asset seizure or wage garnishment, to ensure compli- ance with the court’s ruling. 7.2 Case Management Hearings In Indonesia, legal proceedings are predominantly conducted through written submissions. Shorter hear- ings relating to interim motions or applications, such as provisional measures or interlocutory injunctions, are typically integrated into the main proceedings rather than held separately. During these hearings,
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