Litigation in Indonesia
Maintaining a judicial system is difficult for any country, but it must be especially challenging for the world’s fourth most populous country, with 275 million people spread over 17,000 islands. And so I was curious to learn more about how litigation works in Indonesia. Luckily, I was able to speak with Dion Kusuma, an attorney at his own firm in Jakarta, to learn more.
Why should you continue reading this post about litigation in Indonesia?
You want to know the five Indonesian cities that have commercial courts.
You want to know what a batik is.
You’re interested in reading about one of a small number of jurisdictions besides the United States that allows pre-trial examination of witnesses.
Dion Kusuma is an attorney at his own firm in Jakarta.
Can you tell me about the kinds of disputes you handle in your legal practice?
Generally, my firm handles commercial disputes. These include, but are not limited to, cases involving breach of contract, torts, suspension of debt payments, and bankruptcy proceedings.
What type of clients do you generally represent in disputes?
My clients come from various types and sizes of businesses and different industries. I represent limited liability companies and individuals.
Besides Microsoft Office, what software do you use in your practice?
Mostly we only use Microsoft Office.
What books and websites do you use for legal research?
I use Indonesian law books and legal websites. These include the Indonesian Civil Code, which Indonesian lawyers usually use as our legal guidance in any civil matters. I also use this website to research regulations, but I am not sure if it is up to date. Other than that, I use an official website of the Indonesian government to download updated laws and regulations.
Image credit: https://en.wikipedia.org/wiki/Judiciary_of_Indonesia#/media/File:Supreme_Court_-_Indonesia_(4481283288).jpg
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
We electronically file pleadings to the court only for some cases like breach of contract cases and tort cases. We use this website to do it: https://ecourt.mahkamahagung.go.id/
But for other cases, we have to file offline to the court.
Does Indonesia have specialized courts that only hear commercial cases?
In Indonesia, we have five commercial courts. One is located in the city of Jakarta and the others are in Surabaya, Medan, Makassar, and Semarang. These courts hear suspension of debt payment cases, bankruptcy cases, intellectual property cases, and industrial relations cases.
Who decides the facts in a commercial case? Is it a judge or a jury?
Cases are decided by panel of three judges.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
They range from 1 - 50 pages. But they are not publicly available, and we are not allowed by our clients to share them publicly.
Generally speaking, how long does it take for a case to go from complaint to judgment?
For breach of contract and tort cases, it will usually take 6-8 months.
For suspension of debt payment and bankruptcy proceedings, it will usually take 1 – 2 months.
Generally speaking, how is evidence exchanged between the parties before trial? Do you get to interview the opposing witnesses before the trial?
The plaintiff and defendant provide their evidence to each other as part of a process called “Submission of Evidence.” In this process, we are only allowed to view the other side’s evidence in the court room; we are not allowed to possess it ourselves, but the parties may obtain a list of the opposing side’s evidence.
And yes, we interview witnesses before the trial during a process called “Witness Examination,” which is one of the most important parts of the trial process. There is an official transcript or record of the interview, but it is not disclosed for public use.
If you win, does the other side reimburse your attorneys’ fees?
The losing party pays the legal fees for the trial after the trial is over. This is usually written in the judges’ decision.
Are the courts in Indonesia open to the public? Can ordinary people watch a commercial trial?
Yes, Indonesian courts are open to the public and ordinary people can watch a commercial trial. But there are some courts which are not open to the public. These include courts that hear family law cases or divorce cases.
Do you believe that Indonesian courts have a particular strength for resolving commercial disputes? How about a weakness? What are they?
Yes, I believe that Indonesian courts have a particular strength for resolving commercial disputes because its decisions provide legal certainty.
The weakness comes when a party does not agree with a court decision and they file appeals. This process takes a lot of time.
How often do you go to the courthouse?
Usually twice in a week.
When you are there, do you need to wear a special robe or wig?
For civil or commercial case, the lawyer wears a regular business suit or a batik. For criminal cases, the lawyer wears a robe.