Indonesia Court Proceeding Administration Now Online


UPDATE


After going through several discussions earlier this year,[1] the Supreme Court has launched the online court proceeding administration system via the issuance of Supreme Court Regulation No. 3 of 2018 on Electronic Court Proceeding Administration.

While the Regulation only facilitates online court proceeding administration for registered barristers, the Regulation asserts that other individuals will be granted access via a separate Supreme Court Chairman Decree.[2]

With the launch of this online court proceeding administration system, registered barristers can now undertake the following processes online:

  1. Case registration;
  2. Court summons; and
  3. Electronic issuance of court decision/ determination.

Registration

Currently, the technical details of this online court proceeding administration system has not been established in detail under the Regulation, but it is expected that it will be integrated into the existing Case Tracking Information System (Sistem Informasi Penelusuran Perkara) of each court.

Registered barristers must register for the online court proceeding administration system to be able to use it. The following are the document requirements for the registration:[3]

  1. Residential Identity Card (Kartu Tanda Penduduk);
  2. Barrister membership card; and
  3. Barrister oath certificate issued by the relevant High Court.

Other requirements and detailed information on the registration process will be elaborated in a separate Supreme Court Chairman Decree.[4]

The Supreme Court will be in charge of verifying each registration and has the authority to reject any application that it cannot verify.[5]

Case Registration

As mentioned above, case registration can now be conducted online. Official court fees are also determined through the online court proceeding administration system and must be made through the available electronic payment methods that will be provided.[6]

Online case registration made through the online court proceeding administration system will be processed by the court clerk of the relevant court and will only be registered after it is verified.[7]

Court Summons

Only certain types of court summons can be done through the online court proceeding administration system, which is also subject to additional requirements:[8]

  1. Claimants and applicants which have registered their case or application through the online court proceeding administration system and has consented to being summoned via their email and mobile phone number;
  2. Defendants which have consented to being summoned via their email and mobile phone number;
  3. Barristers which have obtain the approval of their principal to carry out court proceedings electronically.

It is unclear on how claimants, applicants, and defendants will be asked for their consent to being summoned via their email or mobile phone number, but this should be set out in the implementing regulations to be issued by the Supreme Court Secretary and Directorate General of Judiciary Bodies.

Electronic Issuance of Court Decision/ Determination

Court decisions and determinations are now published electronically at the latest 14 days since it was rendered (specifically for bankruptcy cases at the latest 7 days since it was rendered).[9]

It is hoped that this will resolve the plaguing issue of Indonesian courts in taking an extensive amount of time to provide the parties to a case with a copy of the court decision or determination, typically more than 1 month at best. This will also ensure the public has access to court decisions and determinations for transparency purposes.

6 Month Wait?

In the conclusion of the Regulation, it is stated that within 6 months since the issuance of the Regulation on 29 March 2018, the Supreme Court Secretary and Directorate General of Judiciary Bodies will issue the necessary implementing regulations or changes to existing ones which are necessary to establish the online court proceeding administration system.[10]

Judging from this closing provision, there will be a 6-month wait even for registered barristers to take advantage of the online court proceeding administration system. But from the efficiency that the online court proceeding administration system will offer, it is well worth waiting for.


FOOTNOTES

[1] Aida Mardatillah, “Perma Administrasi Perkara Berbasis Online Bakal Terbit,” Hukumonline, 27 Februari 2018

[2] Regulation, Art. 4 (1) and (2)

[3] Regulation, Art. 4 (3)

[4] Regulation, Art. 5 (4)

[5] Regulation, Art. 6 (1) and (2)

[6] Regulation, Arts. 7, 8, and 9

[7] Regulation, Art. 10

[8] Regulation, Art. 12 (1)

[9] Regulation, Art. 17

[10] Regulation, Art. 25


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