Civil Procedure Code at Indonesia
Indonesia's civil procedure is governed by a combination of colonial-era regulations and modern laws. The primary sources include:
Hukum Acara Perdata (Civil Procedure Code): This code, rooted in Dutch colonial law, outlines the procedures for civil litigation in Indonesia. It remains in effect today, with adaptations to fit the national legal context.
Law No. 1 of 2004 on the Judicial Power: This law provides the framework for the organization and authority of the judiciary in Indonesia, impacting civil procedure indirectly.
Supreme Court Regulations: These regulations, such as Supreme Court Regulation No. 1 of 2016 on Mediation and No. 2 of 2014 on Small Claims Court, supplement the civil procedure code by introducing specific procedures and guidelines. (Litigation Processes – CACJ)
📘 Accessing the Civil Procedure Code
While the full English translation of Indonesia's Civil Procedure Code is not readily available, the original text is accessible in Bahasa Indonesia through various legal databases and government publications. For English-speaking legal professionals, consulting with local legal experts or law firms specializing in Indonesian law is advisable for accurate translations and interpretations.
⚖️ Key Features of Indonesian Civil Procedure
Court Structure: Civil cases are generally heard by a panel of three judges, although some cases may be heard by a single judge. (How-to understand civil proceedings in Indonesia | Indonesia Business Post)
Mediation: Mediation is a mandatory step before proceeding to trial in civil cases. If mediation is successful, the settlement is recorded and has the same legal effect as a court judgment. Failure to mediate can render a court decision null and void. (Litigation Processes – CACJ)
Trial Process: The trial process involves several stages, including filing a lawsuit, preliminary hearings, examination of evidence and witnesses, closing arguments, and the issuance of a judgment. Appeals are possible, and the entire process can span several months. (The stages of a civil lawsuit under the Indonesian Civil Procedure Law – Iwan Setiawan, S.H.)
Small Claims Court: For minor disputes, Indonesia has a Small Claims Court system that aims to resolve cases swiftly, typically within 25 days.
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