INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
tions that directly affect the worldwide assets of a respondent. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot be obtained against third parties unless the third party is a party in the litigation proceeding. 6.7 Consequences of a Respondent’s Non-compliance Failure to comply with a court decision is a reportable offence that carries criminal sanctions (Article 280(1)(a) of the Penal Code). The initiation of the litigation process occurs when the plaintiff files a lawsuit in the appropri- ate jurisdiction. The complaint must thoroughly detail the case facts, the legal basis for the claim, and the specific relief sought. Upon receipt of the lawsuit, the court issues a summons to the defendant, notifying them of the litigation and the date set for the preliminary hearing. It is critical that the summons is served correctly to ensure that the defendant is fully informed of the legal action. 7. Trials and Hearings 7.1 Trial Proceedings At the initial hearing if all parties are present, they are required by the presiding judges to partici- pate in court-ordered mediation in an attempt to resolve the dispute amicably. The proceedings are then adjourned for a period of 30 days to facilitate this mediation, which is provided at no cost if conducted by a court-appointed media- tor in a designated courtroom. These mediation sessions are generally confidential, unless oth- erwise agreed by the parties.
If the mediation results in a settlement, the par- ties will formalise the agreement in a settlement document, which can be ratified by the judges’ panel. This ratified agreement holds the same legal authority as a court judgment. If mediation fails to produce a resolution and no extension is requested for an additional 30 days, the litigation will proceed with the presentation of the plaintiff’s claims. Should any or all parties be absent from two consecutive mediation ses- sions, the mediator must declare the mediation unsuccessful, leading the judges to continue with the trial. In civil disputes, hearings typically follow a struc- tured sequence with a one- to two-week interval between each stage as follows. • Plaintiff’s claims: the plaintiff reads their state- ment of claims. • Defendant’s defence: the defendant responds with a statement of defence against the plain- tiff’s claims and may also file a counterclaim. • Rejoinders and responses: the plaintiff sub- mits a rejoinder to the defendant’s defence and responds to any counterclaims, followed by the defendant’s response to the rejoinder. • Interlocutory judgment (if any): should the defendant challenge the jurisdiction of the court, and if the court accepts this challenge, an interlocutory judgment will be rendered, dismissing the plaintiff’s claims pending further review. However, the plaintiff will retain the right to appeal this decision to the higher courts. Conversely, if the court rejects the jurisdictional challenge, it will issue an inter- locutory judgment affirming its authority and proceed to the evidential phase of the trial. • Submission of evidence: both parties, begin- ning with the plaintiff followed by the defend-
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