Indonesian Law | Hukum Indonesia - Blog: Small Claim Court in Indonesia

Tuesday, October 20, 2015

Small Claim Court in Indonesia

Small Claim Court in Indonesia
The Supreme Court of Indonesia, by virtue of Supreme Court Regulation No. 2 of 2015 (the “Perma 2-2015”), has regulated the procedure for Small Claim Court proceeding in Indonesia.

Under the Perma 2-2015, Small Claim Court means a simplified civil case legal proceeding in which the maximum claim is Rp. 200,000,000.00 (two hundred million Rupiah).

The main criteria or procedure for filing a small claim in Indonesia, under Perma 2-2015 are as follows:
  1. The maximum claim is Rp. 200,000,000.00 (two hundred million Rupiah) regarding breach of contract or tort lawsuit.
  2. The Small Claim Court proceeding is presided over by single judge.
  3. The small claim shall be examined and ruled under jurisdiction of a District Court.
  4. The following disputes cannot be resolved in Small Claim Court: Disputes which must be resolved by a special court (i.e. labor dispute which must be resolved through Industrial Relation Court); and Land disputes.
  5. There must be one plaintiff and one defendant only, unless having the same legal interests.
  6. The plaintiff and defendant must be domiciled in the same District Court jurisdiction.
  7. The address of the defendant must be known.
  8. It is mandatory for the plaintiff and defendant to appear before the court in every stage of the proceeding, with or without their respective lawyer.
  9. The Small Claim Court Ruling must be resolved within 25 working days from the first court date.
  10. The judge must prioritize amicable settlement.
  11. There will be no provisional claim, exception, counter-claim, intervention, replik, duplik nor conclusion. The plaintiff may only lodge the lawsuit memorandum (Gugatan) and the defendant may only lodge the rebuttal (Jawaban). 
  12. The plaintiff must also submit legalized document evidence when the plaintiff submits the lawsuit memorandum (Gugatan).
  13. The evidentiary court session is in accordance with the civil case legal procedure.
  14. Either plaintiff or defendant may file an objection against the court ruling within 7 working days from the date of the court ruling or the date when the court ruling has been properly submitted to the respective party. This objection should be filed to the Chairman of the District Court.
  15. The legal proceeding of the objection is presided over by panel of judges appointed by the Chairman of the District Court.
  16. The Chairman of the District Court must appoint the panel of judges for the objection proceeding within 1 working day from the date when the objection application has been deemed complete.
  17. The panel of judges must resolve the objection proceeding within 7 working days.
  18. The objection judgment is final and binding.

No comments:

Post a Comment