Dispute resolution—Indonesia—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Indonesia—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Indonesia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Indonesia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Makarim & Taira S.—Hendrik Alfian Pasaribu; Lia Alizia

1. What is the structure of the civil court system?

In general, a civil suit filed in a district court must be based on one of two legal grounds: an unlawful act (tort) or a breach of contract. Indonesia adopts a three-stage civil court system:

  1. the district court (as the court of first instance);

  2. the high court (as the court of appeal); and

  3. the Supreme Court (as the court of final appeal).

There are at least three judges sitting at each level of the civil court system, unless determined otherwise by law. A number of specialised courts have also been established, including:

  1. commercial courts that handle bankruptcy, suspension of payment and IP cases;

  2. industrial relations courts, handling disputes relating to employment matters;

  3. anti-corruption courts;

  4. religious courts; and

  5. administrative courts.

2. What is the role of the judge and the jury in civil proceedings?

In Indonesian civil proceedings, judges play both passive and active roles. A passive role means that the scope or extent of the subject matter of the case is determined by the parties. An active role means that judges must be active in finding the facts.

The

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