INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
• Tussenkomst a third party voluntarily joins the civil dispute proceedings without siding with either the plaintiff or the defendant, act- ing instead to protect their own independent interests. • Vrijwaring a third party is brought into the civil dispute proceedings by one of the existing parties to share or assume liability. The interested party must file a motion to join the proceedings. This motion must clearly state the reasons for their interest in the case and explain how the outcome may affect them, which can be supported by any relevant evidence. The motion should generally be filed at an early stage of the proceedings, ideally before the mandatory mediation between the parties or the substan- tive examination of the case, to ensure that the Requests for security for costs are uncommon in Indonesia, as they are not explicitly provided for under Indonesian civil procedural law. 4.6 Costs of Interim Applications/ Motions There are no special fees for filing an interim application or motion in Indonesia. All court fees must be paid in full and in advance by the plaintiff when filing the lawsuit with the court. These advances cover various expenses related to processing the case, such as administrative costs, summons, notifications, and other proce- dural activities. The total amount of the advance fee depends on the nature and complexity of the case, as well as the specific court handling it. Each court may have its own fee schedule, which can be accessed through official court websites or by contacting the court directly. joinder does not cause undue delay. 4.5 Applications for Security for Defendant’s Costs
If the actual costs incurred during the proceed- ings are less than the advance payment, the remaining balance is typically refunded to the paying party. Courts are responsible for notify- ing the parties about any remaining balance. Conversely, if the actual costs exceed the initial advance, the court may require additional pay- ments to cover the shortfall, which are gener- ally borne by the plaintiff as the initiating party. However, it is common for the parties to request that these fees be reimbursed or assigned to the losing party, subject to the court’s final decision on the allocation of costs. 4.7 Application/Motion Timeframe Following the hearing at which the plaintiff’s law- suit is read, the defendant will have one to two weeks to respond. This response may include raising objections or exceptions, which are typi- cally submitted with the statement of defence to the plaintiff’s claims. If the objection pertains to the jurisdictional authority of the court to hear and adjudicate the case, the panel of judges may address the abso- lute competence objection before it examines the substantive dispute. Typically, an objection on the court’s jurisdiction is decided by the court after a number of hearings, including the filing of various submissions, which can take between six and 24 weeks after the objection is filed. 5. Discovery 5.1 Discovery and Civil Cases In Indonesian civil procedure, the concept of dis- covery is not formally recognised.
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