INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
3.8 Requirements for Cost Estimate There is no specific statutory obligation under civil procedure law that mandates lawyers to provide clients with a cost estimate of potential litigation at the outset. However, ethical stand- ards and guidelines set by the Indonesian Bar Association require advocates to act transpar- ently and in the best interest of their clients. This includes discussing and clarifying the expected legal fees and costs involved in a case. Interim applications or motions are permissible in civil proceedings in Indonesia. Interim motions are generally filed at an early stage to address urgent matters or issues that could impact the case’s progress or the parties’ rights before the final judgment. It can also be made during the proceedings if new circumstances arise that require the court’s intervention. Parties may apply for interim measures such as to prevent an act that could harm the applicant’s interests, to secure assets to satisfy a potential judgment, or for specific relief pending the out- come of the case. In practice, the success rate for interim applica- tions is low. 4.2 Early Judgment Applications A party may request a decision on preliminary legal issues that could expedite the resolution of the case. For example, a defendant may file an objection/exception ( eksepsi ) challenging the court’s jurisdiction to adjudicate the dispute. If the court upholds the objection, it may issue a ruling on the matter without proceeding to a substantive hearing. A ruling on an objection 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
regarding the court’s competence is deemed a final decision. In addition to the jurisdictional exception, a defendant may also seek to have the plaintiff’s case dismissed without the panel of judges examining the merits. This can be done by fil- ing exceptions on the basis that the lawsuit has been filed against the wrong party or because of non-compliance with procedural rules. However, unlike jurisdictional exceptions, rulings on these procedural objections are typically issued at the conclusion of the trial, similar to cases where the substantive issues have been fully examined. 4.3 Dispositive Motions Any procedural objection may be submitted by the defendant once the trial has commenced. No objections 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. Com- mon 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 procedural 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 dispute proceedings to support either the plaintiff or the defendant.
629 CHAMBERS.COM
Powered by FlippingBook