INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
parties may present oral arguments, but the empha- sis remains on the written documentation submitted to the court. Regarding case management hearings, Indonesia does not have a formal system akin to pre-trial or case management hearings found in some other jurisdic- tions. However, the panel of judges holds the author- ity to manage and direct the proceedings to ensure efficiency and adherence to procedural rules. In more complex cases, the court may take a pro- active role by setting timeframes and managing evi- dence presentation. These are typically managed during scheduled hearings within the existing trial framework rather than through separate case man- agement hearings. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in Indonesia. 7.4 Rules That Govern Admission of Evidence In civil procedural law, evidence is classified into:
rently IDR10,000 (approximately USD0.70). The origi- nal documents must also be shown to the judges for verification. Any documents not in Indonesian require translation by a sworn translator prior to submission to the court. Access to evidence is restricted to the panel of judges and is not available to the public. Under Article 1866 of the Indonesian Civil Code and Article 164 of the HIR, witness testimony is recognised as evidence in civil disputes and must be delivered orally and in person at the hearing. Witnesses must present their testimony directly, without representation and not in written form. Electronic evidence is also explicitly admissible under the Electronic Information and Transaction Law and Supreme Court Regulation No 1 of 2019, provided it is relevant and verified. Courts increasingly accept emails, electronic contracts, and digital transaction records. Foreign witnesses may testify in Indonesian courts provided an official interpreter is supplied by the party introducing the witness to ensure accurate translation of their statements for the court. 7.5 Expert Testimony Expert testimony is permissible in court proceedings. Similar to witnesses, experts designated by the par- ties must deliver their evidence orally. When appearing in court, experts will testify under oath, adhering to their respective religious beliefs. During the proceed- ings, each party, as well as the panel of judges, is given the opportunity to question the experts. The involvement of experts in a trial can be initiated either by the parties themselves or by the judge. It is rare for judges to seek expert testimony without a request from either party. Expert testimony may also be given remotely via video conference, though this remains subject to the discre- tion of the judges.
• written evidence; • witness testimony; • presumptive evidence; • confessional evidence; and • oath evidence.
The governing principle in civil litigation is that the burden of proof rests with the parties. It is incumbent upon the party asserting a claim to substantiate it with evidence. During the trial, the primary role of the judge is to ascertain and determine formal truth, which is derived from the facts presented by the parties dur- ing the trial. The evidential phase commences following the sub- mission of written arguments. In civil cases, docu- mentary evidence often suffices to substantiate the facts of the case. These documents, once tendered as evidence, must be displayed at trial in their original form, granting the opposing party the right to examine but not to retain copies. The documents presented as evidence are copies stamped with a stamp fee being payable. This is cur-
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