FLOW CHART OF CIVIL PROCEEDINGS IN INDONESIA

Normal Circumstances

The Plaintiff register the claim

to the District Court

Special Circumstances

within 3 weeks
at least 3 days before
the session

The District Court summon the Defendant

to appear before the court

The Defendant fails to attend the hearing

The Defendant is present at the hearing

The District Court summons the Defendant

to the next hearing (usually up to
the third summons

The Judge must attempt to conciliate the

parties

The Defendant fails to appear

The Defendant appears

Mediation occurs

The Judge issues a default

judgment (Putusan Verstek )

The two parties sign a

Deed of Amicable Settlement

Mediation fails

Reading of Claim

The Defendant may submit

an Objection on Absolute Competence
if he thinks that the court
has no jurisdiction
to adjudicate
(Eksepsi Kompetensi Absolut )

within 1 week
The Deed of Amicable Settlement will
be applicable as a Judge's
decision which is final and
binding

The Judge will order the

two parties to comply with
the Deed of Amicable Settlement
(the deed is read / dading )

The District Court clarifies certain

administrative matters
(if any) and obtains the
Defendant's response and demurrer
(Jawaban dan Eksepsi )

within 1-2 weeks

within 1-2 weeks
The Plaintiff may submit
his response to the Defendant's
Objection on Absolute Competence

The Plaintiff may file

the Plaintiff's rejoinder (Replik )
within 1-2 weeks

6 months

The Defendant submit

the Defendant's rejoinder (Duplik )

Objection on Absolute Competence

within 1-2 weeks

is denied/rejected

within 1-2 weeks

(hearing is continued)

Examination of evidence from

both parties related to the
Objection on Absolute Competence

Examination of evidence
and witnesses
within 2-3 weeks
Both parties submit
conclusions (Kesimpulan )

within 2-3 weeks

within 2-3 weeks
The Panel of Judges renders its
decision

Objection on Absolute Competence

is accepted (hearing is stopped)

One or both parties appeal

Both parties accept

the District Court's decision

within 14 days from the date it receives

notice of the decision from the District Court
The Appellant lodges an
appeal by signing a deed of
appeal (Akta Banding ) at the
District Court which rendered
the decision

The Appellant may submit

an Appeal Brief (Memori Banding )

The District Court notifies

the Appellee
1 - 2 years (examination of facts and witnesses byJudex Facti )
The Appellee may file a Counter
Brief (Kontra Memori Banding )
All the appeal submissions are
sent to the High Court

The High Court reviews the case,

based on the written submissions/
legal arguments made by the parties

The Panel of Judges of the High

Court renders its decision

One or both parties appeal (kasasi )

Both parties accept

the High Court's decision

within 14 days from the date it receives notice

of the Decision from the High Court
The Appellant lodges an
Application to the
original District Court
within 14 days
The Appellant must submit a
Memorandum of Cassation
(Memori Kasasi )
within 14 days after it receives the
Memorandum of Cassation
The Appellee submits a Counter
Memorandum of Cassation
(Kontra Memori Kasasi )

The Supreme Court reviews the

case based on the statement/legal
argument submitted by the parties

The Panel of Judges of the

Supreme Court renders its decision

2 - 3 years (examination of application of the law by

Judex Juris )

Interlocutory Injunction
on the Objection
on Absolute Competence