KSP LEGAL UPDATES
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KSP LEGAL UPDATES
Indonesian E-court System
The Indonesian Supreme Court launched the E-court System to implement more efficient court proceeding in light of time, fees and effort for all disputing parties. The E-court System also gives greater access for people seeking legal justice and living in the remote areas in Indonesia. The E-court System was stipulated under Supreme Court Regulation Number 3 of 2018 on Electronic Based Case Administration in Court (“SCR 3/2018”).
The E-court System can basically be accessed by the advocate and/or individual registered in the system. The advocate is currently the one who can access and register the E-court application, while further regulation or implementation guideline for individual users have not been issued.
The SCR 3/2018 defines some type of cases that can be administrated through the E-court System like civil, religious, military administrative or state administrative cases. In principle, the E-Court System shall electronically administer the registration of law suit until the court verdict is granted to all disputing parties.
The following is the mechanisms to submit lawsuit through the E-court System:
1. The advocate is required to make registration to get user account and password, including to provide the advocate’s electronic domicile i.e. email address and/or mobile number at the E-court Mahkamah Agung website.
2. All data in the registration shall be validated by the Supreme Court and they have full authority to approve or reject the registration and to penalize any violation on the use of the E Court System like warning and/or suspension of the user account.
3. Registration of the lawsuit and power of attorney as well as submission of the relevant documents can be done through the E court System. Further, payment for initial court fees (e-SKUM) shall be done through the Court’s virtual account or some stated-owned banks. The court clerk shall then verify the documents and issue the case registration number (Nomor Perkara) in the E-court System.
4. Court summon shall be sent electronically to the plaintiff through the Electronic Domicile, while the defendant shall firstly receive the summon via registered mail. During the first hearing, the judges panel shall ask the defendant whether to proceed the hearing electronically or conventionally. The defendant’s attorney should provide the approval to the court if the hearing shall be conducted through the E-court system.
5. The judges panel shall deliver the court verdict electronically to all disputing parties at the latest 14 days as of the verdict granted. In terms of bankruptcy case, the court verdict shall be delivered earlier i.e. within 7 days.
The E-court System has progressively been improved by adding some features like e-filling, e-payment and e-summons. At the first phase, the E-court System shall be implemented in 32 courts in Indonesia and registration of the lawsuit via the E-court System in Central Jakarta District and Religious Courts and Surabaya District Court has successfully been tested during the launch.
The E-court System can basically be accessed by the advocate and/or individual registered in the system. The advocate is currently the one who can access and register the E-court application, while further regulation or implementation guideline for individual users have not been issued.
The SCR 3/2018 defines some type of cases that can be administrated through the E-court System like civil, religious, military administrative or state administrative cases. In principle, the E-Court System shall electronically administer the registration of law suit until the court verdict is granted to all disputing parties.
The following is the mechanisms to submit lawsuit through the E-court System:
1. The advocate is required to make registration to get user account and password, including to provide the advocate’s electronic domicile i.e. email address and/or mobile number at the E-court Mahkamah Agung website.
2. All data in the registration shall be validated by the Supreme Court and they have full authority to approve or reject the registration and to penalize any violation on the use of the E Court System like warning and/or suspension of the user account.
3. Registration of the lawsuit and power of attorney as well as submission of the relevant documents can be done through the E court System. Further, payment for initial court fees (e-SKUM) shall be done through the Court’s virtual account or some stated-owned banks. The court clerk shall then verify the documents and issue the case registration number (Nomor Perkara) in the E-court System.
4. Court summon shall be sent electronically to the plaintiff through the Electronic Domicile, while the defendant shall firstly receive the summon via registered mail. During the first hearing, the judges panel shall ask the defendant whether to proceed the hearing electronically or conventionally. The defendant’s attorney should provide the approval to the court if the hearing shall be conducted through the E-court system.
5. The judges panel shall deliver the court verdict electronically to all disputing parties at the latest 14 days as of the verdict granted. In terms of bankruptcy case, the court verdict shall be delivered earlier i.e. within 7 days.
The E-court System has progressively been improved by adding some features like e-filling, e-payment and e-summons. At the first phase, the E-court System shall be implemented in 32 courts in Indonesia and registration of the lawsuit via the E-court System in Central Jakarta District and Religious Courts and Surabaya District Court has successfully been tested during the launch.
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