INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
ant, submit their documentary evidence for court verification. • Witness examination: the court reviews tes- timony from witnesses presented by the par- ties, including factual witnesses and experts, who must deliver their testimony orally under oath. However, presenting witnesses is not mandatory, and parties may decide whether or not to introduce witness testimony. • Conclusion: both parties may submit a written conclusion summarising their cases. • Final judgment: the judge sets a date to ren- der the final judgment. Oral arguments are uncommon in the trial, as parties primarily present their arguments in writ- ten form. Following a district court’s final judgment, any disagreeing party may appeal to a higher court within a standard period of 14 days from the date of the judgment. The appellate court reviews and may affirm, reverse, or amend the lower court’s decision. Once the judgment is final and enforceable, the prevailing party may initiate enforcement actions, such as asset seizure or wage garnishment, to ensure compliance with the court’s ruling. 7.2 Case Management Hearings In Indonesia, legal proceedings are predomi- nantly conducted through written submissions. Shorter hearings relating to interim motions or applications, such as provisional measures or interlocutory injunctions, are typically integrated into the main proceedings rather than held sepa- rately. During these hearings, parties may pre- sent oral arguments, but the emphasis remains on the written documentation submitted to the court.
Regarding case management hearings, Indo- nesia does not have a formal system akin to pre-trial or case management hearings found in some other jurisdictions. However, the panel of judges holds the authority to manage and direct the proceedings to ensure efficiency and adher- ence to procedural rules. In more complex cases, the court may take a proactive role by setting timeframes and manag- ing evidence presentation. These are typically managed during scheduled hearings within the existing trial framework rather than through sep- arate case management hearings. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in Indo- nesia. 7.4 Rules That Govern Admission of Evidence In civil procedural law, evidence is classified into written evidence; witness testimony; presump- tive evidence; confessional evidence; and oath evidence. The governing principle in civil litigation is that the burden of proof rests with the parties. It is incumbent upon the party asserting a claim to substantiate it with evidence. During the trial, the primary role of the judge is to ascertain and determine formal truth, which is derived from the facts presented by the parties during the trial. The evidential phase commences following the submission of written arguments. In civil cases, documentary evidence often suffices to substantiate the facts of the case. These docu- ments, once tendered as evidence, must be dis- played at trial in their original form, granting the opposing party the right to examine but not to retain copies.
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