INDONESIA Law and Practice Contributed by: Nico Angelo Putra Mooduto, Mahareksha Singh Dillon, Talitha Amanda Ekadhani and Bagas Ananta, SSEK Law Firm
11. Costs 11.1 Responsibility for Paying the Costs of Litigation Indonesian civil procedure does not include spe- cific provisions regarding the court’s authority to order the payment of costs. Typically, the los- ing party is responsible for covering court fees, which encompass the operational costs of the proceedings and the registrar’s fees, including expenses like stamp duty and the distribution of submitted documents and notices. Nevertheless, as per Supreme Court Decision No 3557 K/Pdt/2015, dated 29 March 2016, each party must bear its own legal expenses. In this particular case, the Supreme Court denied the request for the losing party to pay the win- ning party’s legal costs. 11.2 Factors Considered When Awarding Costs Civil court fees are set by the head of the district court through a formal decree and are calculated based on factors such as the number of parties involved; the distance to the summoned party’s location; and administrative costs. The plaintiff is required to pay the determined fees as a deposit when filing the case. If the initial deposit proves insufficient, the court may request additional funds. Conversely, any unused portion of the deposit will be refunded to the plaintiff. For economically disadvantaged individuals, there is an exemption service ( prodeo ), which allows individuals or groups with limited financial resources to litigate without paying court fees. 11.3 Interest Awarded on Costs Interest is not awarded on litigation costs.
Upon receiving the appeal, the high court will review the records and arguments from the district court trial. The high court does not typi- cally re-examine witnesses or review new evi- dence unless exceptional circumstances apply. Instead, it evaluates whether the lower court’s judgment was legally and procedurally sound. 10.4 Issues Considered by the Appeal Court at an Appeal In Indonesian legal proceedings, appellate courts primarily review the decision of the lower court rather than conduct a full rehearing of the case. The appeal court typically reviews issues raised by the appellant that pertain to potential errors in law; the interpretation of facts; or procedural mistakes made in the lower court’s judgment. The primary aim is to assess whether the first instance court properly applied the law and adhered to procedural fairness. 10.5 Court-Imposed Conditions on Granting an Appeal The appeal process assesses the eligibility of the appeal on both procedural and substantive grounds. Procedurally, the appellant is required to file the appeal within a specified period, typi- cally 14 days from the date of judgment or its notification. If the party submits the appeal after this deadline, this may result in dismissal of the appeal. Substantively, the appeal must be founded on legitimate grounds, such as errors in law; misin- terpretation of facts; or procedural irregularities. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing an appeal, the appellate court may either affirm, amend, or reverse the initial court’s judgment.
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