INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
7.6 Extent to Which Hearings Are Open to the Public In Indonesian judiciary proceedings, hearings are typically held in public to uphold the principles of transparency and openness. However, there are exceptions for cases requiring confidenti- ality, such as those involving minors, national security concerns, or sensitive personal infor- mation. Hearings are not typically transcribed by the court. 7.7 Level of Intervention by a Judge In civil proceedings, judges adopt a passive role and focus solely on resolving disputes and pro- viding remedies specifically requested by the parties involved. Civil judges determine cases based on the preponderance of evidence and are not authorised to solicit additional evidence beyond what the parties present. However, they are permitted to scrutinise the relevance and materiality of each piece of evidence to adequately assess the claims and reach a legal judgment. In civil proceedings, the role of a judge is to discern and establish the formal truth, which is derived from the facts presented by the par- ties during the trial. The concept of a judge’s passivity does not imply mere acceptance and review of the information provided by the parties. Rather, judges actively engage in evaluating the veracity of the facts presented in the courtroom. Judges are prohibited from making decisions in the absence of evidence. Both the rejection and acceptance of a lawsuit must be substantiated by evidence originating from the facts provided by the parties. Evidence must be firmly sup- ported by factual data. Without this support, it cannot be deemed conclusive.
The documents presented as evidence are cop- ies stamped with a stamp fee being payable. This is currently IDR10,000 (approximately USD0.70). The original documents must also be shown to the judges for verification. Any documents not in Indonesian require trans- lation by a sworn translator prior to submission to the court. Access to evidence is restricted to the panel of judges and is not available to the public. Under Article 1866 of the Indonesian Civil Code and Article 164 of the HIR, witness testimony is recognised as evidence in civil disputes and must be delivered orally and in person at the hearing. Witnesses must present their testimony directly, without representation and not in writ- ten form. Foreign witnesses may testify in Indonesian courts provided an official interpreter is supplied by the party introducing the witness to ensure accurate translation of their statements for the court. 7.5 Expert Testimony Expert testimony is permissible in court pro- ceedings. Similar to witnesses, experts desig- nated by the parties must deliver their evidence orally. When appearing in court, experts will testify under oath, adhering to their respective religious beliefs. During the proceedings, each party, as well as the panel of judges, is given the opportunity to question the experts. The involvement of experts in a trial can be initi- ated either by the parties themselves or by the judge. It is rare for judges to seek expert testi- mony without a request from either party.
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