INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
5.2 Discovery and Third Parties There is no process by which a third party can be compelled to produce evidence in civil pro- ceedings. 5.3 Discovery in This Jurisdiction There is no general discovery process in Indone- sia. Parties must disclose and submit all relevant documents that support their claims or defenc- es at the evidence hearing during proceedings. There is no obligation to disclose documents that may be unfavourable to a party’s case unless ordered by the court. 5.4 Alternatives to Discovery Mechanisms Evidence in Indonesian civil cases is developed through the submission and examination of evi- dential documents and witness testimonies. Documents are formally admitted into the record during court hearings. The party intro- ducing a document must explain its relevance and authenticity, which typically must be directly related to the issues being litigated. The oppos- ing party is given an opportunity to challenge the document’s validity or relevance. Witnesses are called to testify in court, where their statements are taken under oath. The court examines each witness, and both parties are allowed to pose questions to the witnesses. Parties may also present expert witnesses to provide specialised knowledge or opinions rel- evant to the case. The court evaluates the cred- ibility and relevance of expert testimony before admitting it into the record. The court has significant discretion in determin- ing whether evidence is admissible. The judges evaluate the relevance, necessity, and reliability
of the evidence presented and may exclude evi- dence deemed inadmissible. 5.5 Legal Privilege Indonesia recognises the concept of legal privi- lege, particularly in the context of attorney-client communications. Indonesian advocates (law- yers) are bound by a duty of confidentiality, as stipulated in Law No 18 of 2003 on Advocates (the “Advocate Law”) and the Indonesian Bar Association Code of Ethics. This duty requires lawyers to keep all information shared by their clients confidential, and they cannot disclose such information without the client’s express consent. The confidentiality obligation covers all communications and documents exchanged between a lawyer and their client, provided the communications are made in the context of seeking or providing legal services. With regard to external and in-house counsel, if these individuals are also advocates that are sworn in by the high court, then the confidential- ity obligation above the Advocate Law and Code of Ethics will also be applied to them. Addition- ally, an external and in-house counsel are usually bound to their contract or company’s regulation, which would usually also include a confidential- ity obligation. 5.6 Rules Disallowing Disclosure of a Document Parties have the discretion to present or choose not to present any written evidence that may support their claim or defence. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctive relief is available but is not commonly issued by the courts. Indonesian courts do not
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