Civil Procedure Law in Indonesia

Indonesian civil procedure law can be understood with the help of the acronym TRIA. The acronym stands for Traditional Administration of Law, which is adapted from customary administrative law. What this means is that, in civil cases, the traditional rules of court are used as a model for adjudicating legal issues. When dealing with civil cases, it is usually more convenient for parties to reach an agreement outside the courtroom, through the signing of papers, rather than going to trial, as is often the case in other fields.

Civil Procedure Law in Indonesia


What are some typical difficulties under civil procedure? There are two parts to a civil action: the parties and the evidence. The parties are represented by counsel or their agents, and there is a witness called the s.h. which carries the responsibility of providing the required evidence to prove the existence and genuineness of the parties.

In cases involving torts like breach of contract, forgery, and misrepresentation of material facts, the parties will try to establish a good faith belief, which is an essential part of the trier of fact standard in civil code. Under the civil code in Indonesia, there are four factors that determine whether there is a good faith belief: (a) the existence of an authentic deed, signed by the parties, which creates a basis for their agreement; (b) a statement issued by a public official confirming facts of the case; (c) a document issued by a neutral or private neutral authority confirming facts of the case; and (d) a personal statement or affidavit, sworn or affirmed by the deponent, which purports to verify the facts. With respect to the fifth factor, the party who signs a document is presumed to act in good faith unless it is proved otherwise. That is why most contracts in Indonesia are typically signed notarized. But it must be noted that in certain limited circumstances, where the parties have serious disagreement over the contract or any issue, they may prefer to certify their agreement through instruments that would create a durable legal record of the contract, rather than a statement.

Another area that is highly related to civil procedure law is the family court. There are two levels of courts for family matters: the civil courts and the probate courts. In both, there are special family courts for the purpose of determining the outcome of divorce, adoption, child custody, property division and other family-related matters. In Indonesia, as in the U.S., the spouse has the right to file a divorce suit in the civil court only, unless the marriage was filed under articles of marriage or in a customary marriage.

Nomor is another provision of civil procedure law in Indonesia that bears on the process of dismissals. Nomor is a phrase that is used to refer to a dismissal ordered by a higher court. An example of a higher court that might order the dismissal of a case occurs when one of the spouses has died, leaving a surviving wife or husband with sole power of the house. The surviving spouse can then institute a suit in the civil court to seek the same result as in a traditional wedding, viz.

A closely related area of civil procedure law is the perdata di Indonesia, or record of marriages. Under this legislation, all Indonesian marriages are kept in an official register. The perdata di Indonesia acts as an index to all marriages occurring in Indonesia and as well as foreign marriages that are authorizing to be solemnized in the country. Each marriage registered in this register is required to be certified by therative authority.

One important civil statute that governs the conduct of civil transactions is the hukum tersebut tidak, or civil courtship and marriage. This act allows people to get married only after the completion of the entire civil ceremony, which is also known as the hum tersebut. All the requirements under this civil statute are fulfilled by the civil courts of different states, except for the recording of the marriage. Therefore, while applying for a visa or a residence permit under the national immigration act of Indonesia you are not required to satisfy the requirements of the civil courts of Indonesia.

Besides civil courts, there are also tribunals, or lower courts, under the supreme court. Under the supreme court jurisdiction are the trial courts, or magistrates’ courts, and the high courts, or superintendence courts. The trial courts include the Jakarta High Court and the Jakarta High Appeal Court. Under the superintendence courts are the Jakarta Superior Court and the Supreme Court.

Leave a Reply

Your email address will not be published. Required fields are marked *