INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
7.6 Extent to Which Hearings Are Open to the Public In Indonesian judiciary proceedings, hearings are typi- cally held in public to uphold the principles of trans- parency and openness. However, there are excep- tions for cases requiring confidentiality, such as those involving minors, national security concerns, or sensi- tive personal information. Hearings are not typically transcribed by the court. In some high-profile cases, courts have allowed lim- ited livestream or remote public access to hearings to enhance transparency. 7.7 Level of Intervention by a Judge In civil proceedings, judges adopt a passive role and focus solely on resolving disputes and providing rem- edies specifically requested by the parties involved. Civil judges determine cases based on the prepon- derance of evidence and are not authorised to solicit additional evidence beyond what the parties present. However, they are permitted to scrutinise the rel- evance and materiality of each piece of evidence to adequately assess the claims and reach a legal judg- ment. In civil proceedings, the role of a judge is to discern and establish the formal truth, which is derived from the facts presented by the parties during the trial. The concept of a judge’s passivity does not imply mere acceptance and review of the information provided by the parties. Rather, judges actively engage in evaluat- ing the veracity of the facts presented in the court- room. Judges are prohibited from making decisions in the absence of evidence. Both the rejection and accept- ance of a lawsuit must be substantiated by evidence originating from the facts provided by the parties. Evidence must be firmly supported by factual data. Without this support, it cannot be deemed conclusive. 7.8 General Timeframes for Proceedings The duration required for a district court to conclude its examination of a case can vary widely, influenced by factors including the case’s complexity, the number of involved parties, and potential delaying tactics by counterparties, particularly foreign ones.
Although courts generally schedule disputes prompt- ly, procedural delays are inevitable. To mitigate such delays, the Supreme Court issued Circular Letter No 2 of 2014 regarding Completion of Cases in the Court of First Instance and Court of Appeal at Four Judicial Institutions. The Circular Letter directs district courts to conclude cases within five months and mandates the high courts to resolve appeals within three months. District court judges can request extensions to these deadlines, which must be approved by the chief of the relevant district court. It is common for cases, espe- cially those involving technical and expert evidence or foreign parties, to extend beyond the stipulated timeframe and often last a year or more. For cases involving foreign defendants or co-defend- ants, serving summons alone may take at least four months before the court may proceed in their absence. Some panels of judges opt to issue up to three sum- monses before continuing with hearings. At the appellate levels, the timeframe for the high court and the Supreme Court to review appeals and cassations, respectively, also varies based on the existing case backlog. Typically, it may take at least six months for the high court to render a decision, with the Supreme Court potentially taking an additional 12 months. Simple claims for disputes of less than IDR500 million are heard in an expedited procedure that must be con- cluded within 25 days of the date of the first hearing. An amicable settlement in a lawsuit can often be reached without the need for formal court approval. However, if the parties wish for the settlement to have the same enforceability as a court judgment, they may seek the court’s ratification. The court’s ratification will be documented in a court decision which may be pub- licly accessible, except for certain conditions. 8.2 Settlement of Lawsuits and Confidentiality The settlement of a lawsuit can remain confidential if the settlement is reached during the court-mandated 8. Settlement 8.1 Court Approval
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