Civil Procedure Code / Hir (Revised Indonesian Regulation) : Halaman 1

Civil Procedure Code
Halaman 1
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION)

Indonesian
Type: Source: Title:
REGULATION S. 1941 NUMBER 44 HIR (REVISED INDONESIAN REGULATION)
Regulation concerning operation of the police, the civil judicature and the criminal procedures applicable to Indonesians and Foreign Easterners in Java and Madura. Promulgated by Publication dated 5 April 1848, S. No. 16, in compliance with S. 1848-57 "i.w.g." 1 May 1884, re-announced by S. 1926-559 and 41-44. The text of the Indonesian Regulation is, pursuant to authorization by S. 26-496, re-announced by S. 26-559. Drastic revisions have been added to the text by S. 41-31 juncto 98, reorganization of the system of prosecution of non-Europeans, and S. 41-32 juncto 98, revision of preliminary investigation of criminal cases against Indonesians and Foreign Easterners, by which amongst others the first 6 titles have been replaced by 2 new ones. The text has furthermore been re-announced by S. 41-44. Transition- and conflict-provisions by S. 41-31 article VI and 41-32 article II have previously been included. See the temporary provisions in LN-51-9 ("gew." LN. 55-36) pages 332, 339. For an applicable interpretation of the regulations of the administration of justice with regard to Foreign Easterners, other than Chinese, see S. 24-556 article 7, page 379; for Chinese, S. 17-129, page 379; for Surakarta and Yogyakarta page 290v; for subjection to the European civil law, S. 17-12, page 384.
Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / I. Operation Of The Police
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / I. Operation Of The Police / 00-01-02, 2. THE VILLAGE HEADS AN ALL FURTHER SUBORDINATE FUNCTIONARIES OF THE POLICE
Indonesian
Chapter: Section:
I. OPERATION OF THE POLICE 2. THE VILLAGE HEADS AN FUNCTIONARIES OF THE POLICE 3-23 ALL FURTHER SUBORDINATE
Article:
Article 3 The village heads are, under supervision and orders of the district-heads, entrusted with the care for public peace and security and the maintenance of good order in their villages. (IR. 1-1, 2, 5v., 13v., 22v., 25v.; Sv. 1.)
Article 4 (1) They are obliged to once a week on a fixed day appear before their district head and if possible hand over a written notice, or otherwise verbally report occurrences that have taken place in the previous week, for as far as they have not already, according to the following stipulations of this section, earlier given notification of these. When legally prevented, they shall arrange to have themselves replaced by a subordinate functionary or, in the absence of this person, by an other competent person. At a place where a weekly appearance of the village heads could become too burdensome, the district head could then be authorized by the regent to have the village heads appear before him just once in fourteen days or also once a month. (IR. 6, 10, 15, 21, 28, 30, 305.)
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Article 5 The village heads have to accurately follow the orders that are being given to them from higher up. (IR. 2, 3, 25, 31, 36, 93; Sv.1.)
Article 6 Penelitian Hukum Indonesian - Hak Cipta 2003
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They shall as much as possible prevent other or more than the usual persons equipped with weapons from moving about in unity, especially at night and without an apparent justified purpose, and shall in all such instances report this to the district head. (IR. 2, 3, 27.)
Article 7 (1) They shall, for as far as this has proven to be necessary, for the judgment of the regent and after obtaining an agreement of the resident, establish a night watch in their villages and to this end in turns call up all residents, who would be suitable to participate in this service. the village heads are explicitly prohibited from granting an exemption from participation in this watch without valid reasons. (IR. 3, 27.)
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Article 8 In the event that a human body is found and that there seems to be the possibility that there still is life in the body seemingly lifeless body, means and precautions that are most suitable to the nature of the circumstances shall be applied and, if possible, medical assistance shall immediately be called in. (IR. 2, 19, 69; Sv. 35v., 42.)
Article 9 (1) Human bodies that are found in water shall without delay be lifted out and, when these do not show any indication of death, be treated in the prescribed manner. Action shall immediately be taken for an application of mentioned means and precautions, even though there still is no village head or other police functionary present at the location.
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Article 10 The village head shall in the event of an occurrence of fire use all means to master the fire and shall without delay notify the occurrence to the district head. (IR. 30.)
Article 11 (1) Village heads shall conscientiously see to it that the inhabitants of villages do not take in any persons at night who do not belong to their village, without their knowledge and approval. Upon discovery, that such has taken place, this shall immediately be reported by the village head to the district head. (IR. 2, 4, 17, 21.)
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The village heads are obliged, so requested, to take the goods of travelers in their custody and shall be responsible for such goods entrusted to them. (Bw. 1694v.)
Article 13 (1) They shall try their hardest to keep peace and unity among their subordinates and to eliminate all provocations leading to disunity and disputes. Small disputes, plainly based on special interests of villagers, shall as much as possible impartially and in consultation with the village elders amicably be settled by them. (IR. 3, 14, 23, 130.)
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Article 14 In the event that the persons having a dispute cannot be moved to come to a mutual agreement, or when the disputes are of such a serious nature, that the imposition of any sentence or indemnity could be applicable, village heads must then refer the disputing parties to the district head.
Article 15 (1) They shall accurately record the names, profession and as much as possible concerning the age of all inhabitants belonging to their village; also of changes in the state of the population as a result of births, marriages, deaths, departure and other causes, in one or more registers kept for that purpose. They shall on the appointed appearance days make an abstract from these registers of occurrences since the last appearance and hand this over to the district head. (IR. 11, 16v., 19, 29; Bb, 1265.)
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Article 16 In the event that the village head is unable to keep these registers, he shall then arrange that such registers are kept by the religious functionary or clerk. (IR. 15, 29.)
Article 17 (1) Without consent of the district head, village heads may not permit anybody to settle down within the territory of their village, unless when two of the most wealthy inhabitants state to know the persons, who desire to settle down among them, to be good and un-harmful persons. (IR. 24.) Of the persons who have been permitted to settle mention shall be made in the registers described in article 15. (IR. 11, 19.)
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Civil Procedure Code Article 18 (1)
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The district heads shall be watchful that nobody shall settle down outside the neighborhood of villages, without having priory given their permission, which shall only be provided after having a hearing with the relevant village head. (IR. 24) In the event that it is viewed useful or necessary to bring thus arising hamlets under a separate administration, the district head shall then, after hearing the relevant village head, make a written recommendation to that account to the regent, who in turn shall forward this document to the resident together with his findings. (IR. 19, 30, 35; A. 25-649*.) Article 19
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Where on account of local or other circumstances the provisions of the two preceding articles cannot be observed, the regent shall then, in accordance with the orders of the resident, take the most fitting measures in prevention of the disadvantages that could arise from a scattered living of the inhabitants for an effective control of the police. Article 20 (1) Concerning admission and settling down of persons not belonging to the so-called indigenous population, the specific prevailing or later to be issued ordinances relevant thereto shall be observed. (IR. 2.) The same applies with regard to the settling of Indonesians and Foreign Easterners on private landed property. (Bw. 624; S. 80-150*; RPL.)
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Article 21 (1) In districts, where police functionaries have been appointed who are subordinate to district head but higher in function than the village heads, the latter shall then receive the orders from the district head, and they shall submit their messages and reports and what further must be forwarded to the district heads under the provisions of this section, through the intermediary of these functionaries. The village heads shall in accordance with art. 4 under all circumstances still be obliged to appear in person before the district head. (IR. 3, 5, 15, 17, 30.)
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Article 22 The village heads shall in general be responsible for injurious results of the facts, which they in view of their position should have prevented or opposed, for as far as this has been in their power. (IR. 3, 26.)
Article 23 They shall consult the elders of their village concerning all matters, in which the Indonesian manners and customs demand such consultation. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-01, 1. THE HANDLING OF CASES AT THE TRIAL
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 1. THE HANDLING OF CASES AT THE TRIAL 115-161
Section: Article:
Article 115
In civil cases, of which the court of law takes cognizance in higher appeal, the chairman shall, following the him in accordance with article 111 given notification, give notice to parties of the day on which the case shall be tried before the court of law, with an order to make the witnesses, whom they would still arrange to be heard, appear on that day. (IR. 101, 103.)
Article 116 (1) (2) The court of law shall on the determined day examine the case anew. To that end the pronouncement of the regency court and the documents of the first lawsuit, if these exist, shall be read out, the witnesses shall be heard in accordance with what is stipulated by article 139 et cetera, and the previously duly presented as well as the new evidences shall be taken into consideration. (IR. 112.) The court of law shall thereupon pronounce judgment, with a consideration of what is stipulated by articles 161 and 179, first paragraph; and shall further be followed up by the directions contained in articles 184 and 186.
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Article 117 (1) The chairman shall inform the relevant regent, by sending a copy, of the in the higher appeal passed sentences, within eight days after the pronouncement. The execution of these sentences shall take place in accordance with what is stipulated concerning the execution of sentences of regency courts. (IR. 104, 113.) Penelitian Hukum Indonesian - Hak Cipta 2003
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Article 118 (1) Civil cases, by first submission to the authority of the courts of law, shall by request from the claimant or, in accordance with what is stipulated by article 123, signed by the claimant's proxy, be submitted to the chairman of the court of law, in whose jurisdiction the defendant is domiciled, or in the event of an absence of a known place of domicile, where he is actually staying. (Bw. 15; IR. 101.) In the event that there are more defendants, who are not domiciled within the territory of the same court of law, the claim shall be submitted to that of the claimant. If the defendants are related to one another as the main debtor and guarantor, the claim shall then, subject to what is stipulated by the second paragraph of article 6 of the regulation on the judicial organization and conduct of justice in Indonesia, submitted to the chairman of the court of law of the place of domicile of the main debtor or of one of the main debtors. In the event that the defendant has no known place of domicile and his actual dwelling place also unknown, or in the event that the defendant is unknown, the claim shall then be submitted to the chairman of the court of law of the place of domicile of the claimant or of one of the claimants, or, in the event that it concerns an immovable property, to the chairman of the court of law in which jurisdiction the property is located. In the event that by the written deed domicile is chosen, the claimant can, if so preferred, submit his claim to the chairman of the court of law, in which jurisdiction the chosen domicile is located. (RO. 95.1, 4 and 5; Bw. 24; Rv. 1, 99; IR. 133, 238; Bb. 3371; T. XXXI-320.)
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Article 119 The chairman of the court of law is at submission of the claim authorized to give advice and render assistance to the claimant or his proxy.
Article 120 When the claimant cannot write, he can relate his claim verbally to the chairman of the court of law, who shall keep or order to keep a record of this. (IR. 101, 186v., 207, 209, 238; Bb. 3371.)
Article 120a (Ing. S. 35-102.) (1) In the event that the submitted claim concerns a lawsuit in which a village judge has made a pronouncement, the claimant shall state the content of the pronouncement in the claim; he shall if possible provide a copy thereof. (RO. 3a.) Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Halaman 9 (2) The chairman of the court of law shall point out to the claimant, upon or after receipt of the claim or at the beginning of the court session, the obligation as described in the first paragraph.
Article 121 (1) After that the submitted claim or the record that has been made thereof has been entered into the register that is intended for that purpose by the court registrar, the chairman shall determine the day and hour, when the case shall be brought before the court of law, and shall arrange that the parties are summoned in order to then appear, accompanied by the witnesses whom they wish to be heard and with the bringing along of the written evidences, of which they wish to make use. (IR. 237v.) With the summoning of the defendant he shall also be handed a copy of the claim with the notification that he can if so chooses reply to that in writing. (IR. 123, 388v.) The in the first paragraph of this article mentioned decision shall be recorded in the there mentioned register as well as on the original claim document. (Toeg. S. 27-248 jo. 338) The in the first paragraph mentioned entry in the register shall only be made after that a later to be settled advance payment is made to the court registrar of the amount that has according to circumstances temporarily been estimated by the president of the court of law to cover the registrar's fees and costs of the obliged summoning of and notifications to parties and of the stamps that shall be used.
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Article 122 In determining the court day the chairman shall take the distance between the place of domicile and stay of the parties and the location where the court of law shall hold the trial into consideration and may, except in cases of urgency, in the arrangement mention such time, which must lapse between the summons of the parties and the court day, that shall be set at giving not less than three days off. (IR. 118, 390, 391.)
Article 123 (1) (Aang. S. 32-13.) Parties can, if they choose to do so, have themselves assisted or represented by assignees, who for that purpose have been provided with a special written authorization, wherever the authorizing party may personally be present. The claimant can also provide this authorization with the in accordance with the first paragraph of article 118 submitted petition signed by him or with the in accordance with article 120 verbally made recital of the claim, in which latter case mention is made thereof in the prepared record of that claim. The official, who pursuant to the general ordinance for the Government of Indonesia in representing the State, appears in legal proceedings, does however in such a capacity not need to be provided with a special written authorization. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 10 (3) The court of law is authorized to order a personal appearance of the parties, who in the trial are represented by assignees. This authority is not valid with respect to the Governor-General. (Bw. 1793; Rv. 107, 788; IR. 118, 254; S. 22-522,* bl. 359; Bb. 3371; T. XXXI-319.)
Article 124 When the claimant, after having properly been summoned does not appear in the court of law on the determined day, nor has arranged for another person to appear on his behalf, the claim shall be considered as nullified, subject to the right - after an advance payment of the costs - to file his claim anew. (Rv. 77; IR. 85, 102, 122v., 126.)
Article 125 (1) When the defendant on that day, after having been properly summoned, does not appear, nor has arranged for another person to appear on his behalf, the claim shall be adjudged in his absence, if it should appear to the court of law that it is not legal or unfounded. (Rv. 78; IR. 102, 122v.) If however the defendant in his answer as mentioned in article 121 has presented the exception of incompetence from the court of law, he shall, although he does not appear, the court of law shall, after having heard the claimant, administer the law on that exception and only with a dismissal thereof pronounce judgment on the main case. In case of an award of the claim the sentence of the court of law shall at the order of the chairman be notified to the defendant, whereby he shall also be reminded of his right to within the time period and in the manner, as stipulated by article 129, appeal against the sentence at the same court of law. At the bottom of the sentence a notation shall be made by the registrar of the court, to whom this action has been ordered and what this person has related concerning the matter in writing or verbally.
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Article 126 In the cases, as provided by the two foregoing articles, the court of law can, prior to making any pronouncement, order, that the party who did not appear shall be summoned for a second time towards a further by the chairman to be notified court day, that shall be informed at the court session to the party who did appear, for whom the notification shall count as a summons.
Article 127
Civil Procedure Code Halaman 11 In the event of more defendants one or more do not appear, nor have arranged for another person to appear on their behalf, the trial of the case shall then be deferred to a further, within the shortest possible distance from the court day. Such deference shall be informed to the parties who did appear at the court session, for whom the notification shall count as a summons, while the chairman shall arrange that the parties who did not appear be summoned anew towards that court day. The case shall in that event be tried and a pronouncement between all parties shall thereafter be made by one and the same sentence, against which no resistance shall be allowed. (Rv. 81.)
Article 128 (1) The sentences, that have been adjudged in absence, as mentioned in article 125, can only be executed after a lapse of fourteen days after the announcement. In case of an urgent need, the execution may be ordered to take place before the lapse of this period, either in the sentence, or by the chairman after the pronouncement, at the verbal or written request of the claimants. (Rv. 82.)
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Article 129 (1) The defendant, who has been condemned in absence and has not accepted the sentence, can appeal against this. In the event that the notification of the sentence is made to the condemned person, the appeal shall be allowed within fourteen days after the notification. If the sentence of the condemned person is not notified in person, the appeal shall then be allowed up to and including the eighth day after the in article 196 mentioned exhortation, or, with a non-appearance after a proper summons, up to and including the eighth day after the execution of the in article 197 written order of the chairman. (Rv. 83.) The claim in resistance shall be submitted and treated in the usual manner as stipulated for civil claims. The submission of the claim in resistance to the chairman of the court of law shall hold up the execution, unless this has been ordered notwithstanding the resistance. The opponent, who causes himself to be sentenced in absence for the second time, shall be dismissed, in the event that he shall again enter a resistance.
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Article 130
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When parties have appeared on the determined day, the court of law shall, by the mouth of the chairman, endeavor to bring them to an agreement. (IR. 239.) In the event that such an agreement is reached, a deed shall be drawn up thereof, pending the court session, by which the parties shall be sentenced to an observance of the reached agreement, which deed shall have the same legal strength and shall be executed in the same manner as an ordinary sentence. (Rv. 31; IR. 195v.) Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code (3) (4) Upon a thus entered judgment no higher appeal shall be allowed.
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When in the endeavor to bring the parties to an agreement, the services of an interpreter are required, the stipulations in the following article concerning this shall be followed.
Article 131
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When parties have appeared, but cannot be brought to an agreement (which must be mentioned in the official report on the session), the documents that have been presented by the parties shall be read out and, when one of the parties does not command the language in which those documents are written, these shall be translated into the language of that party by an interpreter who shall be appointed by the chairman. (IR. 86, 103, 137.) This shall further be continued, if necessary also with the assistance of an interpreter, with the hearing of the claimant and the defendant. (IR. 135, 186; S. 1858-15*.) The interpreter shall, in order that he can be admitted at the court of law as a sworn interpreter, be sworn in by the chairman that he shall faithfully translate what must be transferred from one language into the other. The third paragraph of article 154 is applicable to interpreters. (RV. 33, 47; IR. 284.)
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Article 132 The chairman is authorized, in the event that he considers this necessary for a good and orderly procedure of the case, to provide parties with the necessary information and direct their attention to the legal- and evidence-means, which they could apply.
Article 132a (Ing. S. 27-300.) (1) The defendant is authorized to in all cases make a claim in counterclaim, except: (Rv. 244.) 1. when the claimant in convention has appeared in one quality and the counterclaim would personally affect him and reciprocally; (Bw. 383, 452, 1655v.) when the court of law, where the claim in convention is in abeyance, is not authorized to take cognizance of the counterclaim in relation to the subject of the dispute; (ISR. 136; RO. 95) in cases of dispute concerning the execution of a sentences. (IR. 207.) Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code (2)
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In the event that in the first instance no claim in counterclaim is made, this can no more be made in a higher appeal.
Article 132b (Ing. S. 27-300.) (1) The defendant in convention is obliged enter his counter-claim together with either his written or verbal answer. (Rv. 245.) The stipulations of this section are applicable that counter-claim. Both cases shall be accomplished at the same time and decided by one and the same sentence, whereby the court of law may find that one can be settled earlier than the other, whereby in either case that may take place, the then still unsettled claim in convention or counterclaim shall nevertheless remain pending with the same judge until the pronouncement of the final sentence therein. (Rv. 247.) Higher appeal shall be allowed, if the course of the claim in convention, added to that of the one in counterclaim, exceeds the judicial power of the court of law to administer justice in the last resort. (Rv. 247.) When however the two lawsuits are split and thereby separately sentenced, the usual rules concerning the competence till higher appeal shall be followed. (Rv. 247.)
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Article 133 In the event that the defendant is called before a court of law, for which he according to what is stipulated by article 118 does not need to be put on trial, he shall, unless such is to immediately take place at the beginning of the first court session, be able to claim that the judge declares himself incompetent; that claim shall no more be taken into consideration, as soon as the defendant has involved himself with the services of any other defense. (Rv. 131; IR. 136, 191.)
Article 134 In case however that the dispute concerns a subject that does not belong to the cognizance of the courts of law, it can in each state of the lawsuit be claimed for the judge to declare himself incompetent, and he shall even be obliged to do so officially. (Rv. 132; IR. 136, 190.)
Article 135 When no assertion of incompetence is made, or, if such an assertion has duly been made and this is considered to be unfounded, the court of law shall, after hearing the parties, immediately start an accurate and impartial investigation on the legitimacy of the disputed claim and the soundness of the claim that has been brought in against it. (Rv. 47; IR. 131, 155v.) Penelitian Hukum Indonesian - Hak Cipta 2003
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Article 135a (Ing. S. 35-102.) (1) In the event that the claim concerns a lawsuit in which a village judge has made an pronouncement, the court of law shall make itself acquainted with that pronouncement and as much as possible concerning the grounds thereof. If the claim concerns a lawsuit, in which a village judge has not made a pronouncement, but in which the court of law views such a pronouncement useful, the chairman shall then, under issuance of a written evidence, inform the claimant thereof, after which the trial of the case shall be suspended until a by the chairman if necessary officially further to be determined court day. After that the village judge has made a pronouncement, the claimant shall, in the event that he wishes a continuance of the case, inform the court of law of the content of that pronouncement, if possible under submission of a copy thereof, after which the trial of the case shall be continued. In the event that the village judge two months after that the claimant has submitted his case to him, has not yet made a pronouncement, the court of law shall, at a request from the claimant to that effect, resume trial of the case. If the claimant cannot make it sufficiently likely that the village judge refuses to make a pronouncement in accordance with the sentence of the judge, the judge shall then officially ascertain himself thereof. If it appears that the claimant has not brought the case before the village judge, his claim shall then be regarded abrogated. (RO. 3a.)
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Article 136 The exceptions that the defendant may wish to relate, that of an incompetence of the judge only being excepted, may not be presented or judged separately, but must be heard and decided at the same time with the principal case. (Rv. 135v.; IR. 133v.)
Article 137 Parties can mutually request an insight on each other's written evidences, which for that purpose shall be handed over to the judge. (IR. 131.)
Article 138 (1) When one party disputes the authenticity of a by the counterpart submitted evidence, the court of law can make an investigation into the matter, on the outcome of which it shall decide whether or not the disputed document shall be admitted into the lawsuit. Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Halaman 15 (2) If it appears to be necessary to in the investigation make use of documents, which are in the hands of public custodians, the court of law shall then order that such documents be submitted at a for that purpose determined court session. (3) Should there be an objection against the submission, either because of the nature of the documents, or because of the remote place of domicile of the custodian, the court of law shall then order that the investigation shall take place at the court of law or be carried out by the head of the local government (the assistant-resident)(1(1)) of the place of domicile of the custodian, or that the documents within a certain period of time shall be sent in to the chairman in such a manner as determined by him. The latter mentioned court of law or head of the local government (the assistant-resident)(1(2)) shall make an official report of their action and send this to the first mentioned court of law. The custodian, who without valid reason fails to fulfill the order for a submission or sending in, may upon request of the concerned party at the order of the chairman of the court of law that is called upon to make the investigation or of the head of the local government who has been commissioned therewith (the assistant-resident who has been commissioned therewith)(1(3)) through an imprisonment for debt be forced to submit or send in the documents. When the document does not form a part of a register, the custodian shall before the submission or sending in of the document make a copy thereof, in order that the copy can be kept in place of the original document until this is returned. He shall note down the reason why the copy has been at the bottom of the copy, which notation must also be made on the engrossments and copies that shall be handed out. The costs shall, by the party who hands over the disputed document, be paid to the custodian in the amount that shall be rated by the chairman of the court of law, who shall pronounce judgment. In the event that the investigation after the authenticity of the submitted document gives rise to suspicion of forgery against still living persons, the court of law shall send these documents to the competent authority for prosecution. The case that has been brought before the court of law shall in that event remain suspended until after the decision in the crime case. (RV. 148v., 165; Sv. 231v.) Article 139 (1) In the event that the claimant wishes that the rightfulness of his claim, or that the defendant wishes that the justice of his defense, be substantiated by witnesses but because of the reluctance of these, or because of another reason have not been able, in accordance with what is stipulated by article 121, to arrange that he shall be accompanied by them, the court of law shall then determine a further courtday, on which the hearing shall take place, and order, that the witnesses, who did not want to appear freely in the court session, shall towards that courtday be summoned by the competent functionary.
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Civil Procedure Code Halaman 16 (2) A similar summons shall be made to the witnesses, whose hearing by the court of law has officially been ordered. (Sv. 133; IR. 116, 392; Bb. 2921, 5493.) Article 140 (1) When the thus summoned witness does not appear on the determined day, he shall then be sentenced by the court of law to pay for the futilely spent costs. (Sw. 522.) (2(4)) He shall once more be summoned at his expense. (Rv. 184; Sv. 134; IR. 116, 142, 143, 149, 260, 263.) Article 141 (1) In the event that the once more summoned witness again fails to appear, he shall then for the second time be sentenced to pay for the futilely spent costs (3(5)) and for a compensation of the damage that has been caused to parties by his non-appearance. (Bw. 1366; IR. 143.) The chairman can further order that the witness who did not appear be brought before the court of law by public force in order to meet his obligation. (Rv. 185; IR. 116, 142, 149, 261, 263.) Article 142 In the event that the witness who did not appear proves, that he was by legal reasons prevented from adhering the summons, the court of law shall, after having made his statement, dispense him from the sentences that have been pronounced against him. (Rv. 187; Sv. 135; IR. 116, 140v.) Article 143 (1) Nobody shall be forced to appear at a district court to give testimony in a civil case, if the district court is located outside the regency where the witness resides. Upon a non-appearance of a summoned witness, who finds himself in such a situation, no sentence may on that account be pronounced against him, but the hearing shall be commissioned to the court of law (or the Indonesian court of justice of equal level) in whose jurisdiction the witness is domiciled or is staying, while this college shall be obliged to as soon as possible forward the official report that shall be made of the hearing. (Sv. 57; IR. 140v.) Such an order can also immediately take place without prior summons of the witness. (RO. 33.) The official report shall be read out in the court session.
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Article 144 (1) The witnesses who have appeared on the determined day shall be called in one by one. Penelitian Hukum Indonesian - Hak Cipta 2003
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The chairman shall ask them for their names, profession, age and place of domicile or stay, also whether they are related to the parties or one of them as a blood relative or by marriage, and, if so, in which grade, and whether they are wage- or house-servants of them. (Rv. 177; Sv. 139; IR. 122, 265.)
Article 145 (1) The following may not be heard as a witness: 1. 2. 3. the blood- and family-relatives of one of the parties in a straight line; the spouse of one of the parties, even after that a divorce has taken place; children, of whom one is not sufficiently certain, that they have reached the age of fifteen years; insane persons, no matter how often they may at intervals be able to use their intellectual faculties.
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Blood- and family-relatives nevertheless shall in cases of disputes, comparative to the civil status of the parties or to a working-agreement, in such a capacity not be incompetent. The right to excuse oneself from bearing witness in lawsuits shall not be applicable to persons as mentioned in the foregoing paragraph and in article 146 under 1 and 2. The court of law shall be authorized to hear the in the first paragraph mentioned children, or also insane persons who at intervals can enjoy the use of their intellectual faculties, without taking an oath, but their statements may only be noted as an additional clarification. (Bw. 1910, 1912; Sv. 145, 147, 149; IR. 274, 278.)
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Article 146 (1) Persons who can excuse themselves from bearing witness are: (Bw. 1901; Sv. 145, 148; IR. 148, 274.) 1. 2. the brothers and sisters, and brothers and sisters in-law of one of the parties; the blood-relatives in a straight line, and the brothers and sisters of the spouse of one of the parties; all persons who because of their standing, profession or legal relationship are obliged to maintain secrecy, however only and exclusively concerning matters of which the knowledge has in that capacity been entrusted to them. (IR. 277.)
3.
(2)
The soundness of the asserted obligation to maintain secrecy stands to be assessed by the court of law. (Sv. 148; IR. 149, 277.) Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Article 147
Halaman 18
When no excuse has been brought forward, or in the event that it has been declared unfounded, the witness shall, before making his statement, be sworn according to the manner of his religious convictions. (BW. 1911; Rv. 177v.; Sv. 139; IR. 88, 109, 144, 148, 265, 299, 381; S. 20-69*, pg. 389.)
Article 148 In the event that outside the case, as provided by article 146, a witness who appears in court, refuses to take an oath or make a statement, the chairman could then upon request of the concerned party order, that he at the cost of that party be imprisoned for debt, until he has fulfilled his obligations. (Rv. 186; Sv. 53, 156; IR. 147, 262v.; S. 20-69*, pg. 389.)
Article 149 The in article 140 and the first paragraph of article 141 stated sentences, the in the second paragraph of article 141 mentioned order, and the by the last paragraph of article 146 mentioned decision, shall, in the event that the person summoned as a witness is a European, be imposed or given by the chairman of the court of law, without cooperation of the Indonesian members. (IR. 263, 277.)
Article 150 (1) The parties shall provide the questions, which they wish to be asked from the witnesses. In the event that there are some among them, that the court of law considers not to be pertinent to the case, these shall then not be introduced to the witnesses. The judge shall of his own accord ask all such questions from the witnesses, which he considers useful in order to discover the truth. (Rv. 171v.; IR. 86, 103, 122, 151v., 268.)
(2)
(3)
Article 151 What is stipulated in articles 284 and 285 concerning the witnesses in criminal cases is also applicable here. (IR. 150.)
Article 152 The registrar of the court of law shall in the official report concerning the session keep a record of the statements of the in the trial heard witnesses. (Rv. 209;Sv. 141, 176; IR. 150, 186, 322.)
Halaman 19
The chairman can, in the event that such is considered necessary or useful, appoint one of the two commissioners of the court, assisted by the registrar, to in such a way locally make an observation and investigation, so that this can provide the judge with further information. Of the performance and the result thereof an official report or account shall be made by the registrar, which shall be signed by him and the two commissioners. Rv. 211v.; IR. 190.)
(2)
Article 154 (1) In the event that the court of law is of the opinion that the case can be elucidated through an investigation or observance by experts, it can at the request of parties or officially appoint such persons. (Rv. 215v.; IR. 190.) The court day shall in that event be determined on the day that the experts shall present their report, either in writing or verbally, and be sworn. (Rv. 217, 225.) Persons who may not be heard as witnesses shall not be appointed as experts. (Rv. 218; IR. 131, 145v.) The court of law is under no circumstances obliged to follow the expressed feelings of experts, in the event that its conviction is contrary thereto. (Rv. 229; IR. 138; S. 1858-15*; 1866-108*.)
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Article 155 (1) In the event that the justness of the claim, or of the defense that has been brought in against it has not entirely been evidenced, but has also not been stripped from all evidence, and there exists no possibility to further substantiate this with other means of evidence, the court of law can officially impose the judicial oath upon one of the parties, either to make the case dependent on this, or to thereby determine an amount that shall be awarded. The court of law shall in the latter event determine the amount, to which course the claimant shall be trusted upon his oath, (Bw, 1940v.; IR. 135, 156v., 177, 381.)
(2)
Article 156 (1) Even when no evidence whatsoever has been added to substantiate the claim or the defense that has been brought in against it, the one party can also order the judicial oath to the other party to make the decision of the case dependent thereon, provided that the oath is related to a deed, which has personally been committed by the person upon whose oath it is wished to make the decision dependent. (Bw. 1929, 1931; IR. 155, 157v., 177.) Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Halaman 20 (2) In the event that this deed is a deed committed by both parties, the party to whom the oath is ordered and refuses to take it can refer this back to the opposing party. (Bw, 1933.) (3) The party to whom the oath has been ordered and who refuses to take it or to refer this back, or also the party who has ordered the oath, but to whom it has been referred back, an who refuses to take the oath, must be put in the wrong. (Bw. 1932; Rv. 52.)
Article 157 The oath, whether ordered by the judge, or by one party to the opposing party or referred back, must be taken personally, unless that the court of law, for important reasons, has permitted one party to have this taken by a specifically authorized person, in which the authorization cannot be given other than only by an authentic deed, which shall accurately and circumstantially contain the oath that is to be taken. (Bw. 1793, 1945; IR. 155v., 158; S. 20-69*, pg. 389.)
Article 158 (1) The taking of the oath shall in all cases take place at the court-session of the court of justice, where a legal impediment may make this impracticable, at which time the chairman of the court of law can authorize one of the members, assisted by the registrar, who on that account shall have to make an official report, to take the oath of the party who is being prevented at home. (Bw. 1944; IR. 381.) No oath may be taken other than in the presence of the opposing party, whether have been properly summoned for this. (Bw. 1945; Rv. 52.)
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Article 159 (1) When a case cannot be concluded on the first court day that has been determined for its settlement, the continuation of the lawsuit shall then be postponed to a further as less distant as possible court day, and thus thereafter. (Rv. 25.) The postponement must be pronounced at the court-session in the presence of parties, for whom the pronouncement counts as a summons. In the event that of the parties who have appeared on the first court day one should be absent on the following court session, whereupon a further postponement is ordered, the chairman of the court of law shall then notify this party of the day on which the continuation of the lawsuit shall take place. (Rv. 109.) No postponement may be given at the request of parties, nor shall this officially be ordered by the court of law, except in the case where such is absolutely necessary. (Rv. 127; Sv. 133, 165; IR. 260.)
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Halaman 21
In the event that during the court session something must be performed, of which the costs in accordance with article 182 could be charged to the party that is put in the wrong, the chairman can order that such costs be paid in advance by one of the parties and be handed over to the registrar's office, subject to the authority of the opposing party to do this on their own accord. In the event that the parties refuse to advance the costs, and have in vain been dunned to that end by the chairman, the ordered performance shall then remain undone, unless this has been stipulated as an obligation, and shall - if necessary on a later by the chairman determined court session, of which the parties shall be notified - continue with the trial of the case.
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Article 161 (1) After that the case, either already immediately on the first, or on a later court session, has as much as possible been brought to clearness, the court of law shall, after having arranged for the parties, the witnesses and the listeners to stand outside, obtain the views of the advisers, who pursuant to article 7 of the regulation on the judicial organization and the conduct of the judicature in Indonesia have attended the trial of the case in the court session. (RO. 7; Sv. 166; IR. 116.) The deliberation shall thereafter take place and the making of the decision, in accordance with what is stipulated by articles 39 and 40 of the regulation on the judicial organization and the conduct of the judicature in Indonesia.
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-02, 2. THE EVIDENCE
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 2. THE EVIDENCE 162-177
Section: Article:
Article 162 With regard to the evidence and the acceptance or rejection of the evidence means in civil cases, the court of law shall observe the following principal regulations. (IR. 293v.)
Article 163 The person, who claims to have a right, or refers to a fact to substantiate his right, or to contradict someone else's right, must evidence the existence of that right or of that fact. (Bw. 1865.)
Article 164 The evidence means consist of: the written evidence, (Bw. 1867 dst.; IR. 165, 168; S. 1867-29.) the evidence of witnesses, (Bw. 1895; IR. 168v.) the suspicions, (Bw. 1915; IR. 173.) the confession, (Bw. 1923v., IR. 174v.) the oath, (Bw. 1929v.; IR. 155v., 177, 381.) everything with an observance of the rules that have been stipulated by the following articles. (Bw. 1866; IR. 295.)
Article 165
Civil Procedure Code Halaman 23 An authentic deed, is a deed that has been drawn up before a thereto authorized public functionary, which between parties and their heirs and recipients of rights furnishes a complete evidence of what is stated therein, and even of what therein appears to have been baldly expressed; the latter however only as far as what is stated is directly related to the subject of the deed. (Bw. 1868, 1870v.; Sv. 380; IR. 168, 304.)
Article 166 Revoked: S. 27-146.
Article 167 (Gew. S. 27-146; 38-276.) The judge is at liberty for the benefit of every one to accredit one's bookkeeping with such conclusive force as he shall consider appropriate for each specific case. (K. 7; IR. 304.) The following has been stipulated by ordinance of 14 March 1867, S. 67-29: Stipulations concerning the conclusive force of private agreements between Indonesians or with persons who have been equalized with them. The Governor General, etc. Considering the desirability that the legal stipulations concerning the conclusive force of private agreements between Indonesians or with persons who have been equalized with them be reviewed and that the impediments arising from those stipulations be removed; etc.
Has agreed and realized: With a revocation of all stipulation in contradiction therewith, and specifically of: a. b. the edict of the supreme Government of 29th May 1690; the stipulations concerning written evidence provided in articles 171 and 172 (old) of the regulation on operation of the police, the civil judicature and the criminal procedure among the Indonesians and persons who have been equalized with them in Java and Madura; article 229 of the commercial code; article 3 of the stipulations, including a proper (applicable) explanation of the European legislation on the with the Indonesian equalized population (foreign easterners), promulgated by article 1 of the ordinance dated 8th December 1855, (S. No. 79.) (This ordinance is entered by S. 24-556, *pg. 377.)
c. d.
with respect to the Indonesian and the therewith equalized population in Indonesia to lay down the following stipulations: Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Article 1 (Gew. S. 16-44 jo. 43.)
Halaman 24
What shall be considered as private documents are private signed deeds, letters, registers, domestic papers and other documents, that have been drawn up without the intermediary of a public functionary. With the signing of a private document shall be equalized a thereunder placed fingerprint, authenticated by a dated statement from a notary or another by ordinance to be appointed official, from which it appears that he is acquainted with the person who placed the fingerprint or has been introduced to him, that the content of the deed has been clearly explained to the person who placed the fingerprint, and that thereafter the fingerprint was placed in the presence of the official. The official registers the document. (Bw. 1874; S. 16-46, *pg. 662.) 1a. (Ing. S. 16-44 jo. 43.) In the event that the persons concerned so desire, apart from the in the second paragraph of the previous article mentioned event, signed private documents can also be foreseen by a dated statement of a notary or another by ordinance to be appointed official from which it appears that he is acquainted with the signatory, or that he was introduced to him, that the content of the deed was clearly explained to the signatory and that thereafter the signature was placed in the presence of the official. The stipulation in the third paragraph of the previous article is hereby applicable. (Bw. 1874a.) 1b. (Ing. S. 16-44 jo. 43, iwg. 1 April 1916.) Private documents, coming from Indonesians or persons who have been equalized with them, which are acknowledged by them, against whom one on the basis thereof appeals or which in a legal manner are considered as having been acknowledged, provide the same complete evidence as an authentic deed with regard to the signatories and their heirs and recipients of rights. (Bw. 1875.)
2.
The person, against whom one appeals on the basis of a private document, is obliged to positively acknowledge or deny his signature, but his heirs or recipients of rights can suffice with stating that they do not acknowledge that as the writing or the signature of the person whom they represent. (Bw. 1876.) In the event that someone denies his writing or his signature or in the event that his heirs or recipients of rights state not to acknowledge these, the judge must order that the authenticity thereof be judicially investigated. (Bw. 1877.) Private one-sided debt commitments for payment in ready money, or of a matter, which can be fixed at a certain value, must entirely be written in the handwriting of the signatory thereof, or at least must thereunder, except for the signature, in the handwriting of the signatories, be written an agreement, in which the amount or the size or the quantity of the matter that is being owed is written out in full. In default thereof, the signed deed can, in the event that the commitment is being denied, only be accepted as an initial of written evidence. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 25 (Gew. S. 16-44; 38-276.)The stipulations of this article are not applicable to shares in a bond, including debt commitments made by the debtor in running his business, nor on private documents, which are provided with a statement as mentioned in the second paragraph of article 1 and in article 1a. (Bw. 1878.) 5. In the event that the amount, which is mentioned in the deed itself, differs from that which upon agreement has been expressed in writing, the commitment shall be considered as having been made for the smallest amount, even thus also, when the deed including the agreement, have entirely been written out in the handwriting of the person who has made the commitment, by which one can prove in which of the two parts of the document the error has been made. (Bw. 1879.) (Gew. S. 16-44.) Private deeds, for as far as these are not foreseen from a statement as mentioned in the second paragraph of article 1 and in article 1a, have, with regard to the dates thereof, no force against third parties than from the day, that they in accordance with the ordinance in the 1916 State Gazette No. 46 have been legalized and registered; or of the day, on which the persons or one of the persons who have undersigned the deed, have died; or of that on which their existence is evidenced by deeds, that have been drawn up by public officials, or of the day, on which the third party, against whom one makes use of a deed, has acknowledged their existence in writing. (Bw. 1880.) Revoked by S. 16-746.
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Article 168 The courts of law shall, until it has therein further been provided, with a view to the cases in which the evidence by witnesses can be admitted, remain to let itself be guided by the presently prevailing law relevant to Indonesians and Foreign Easterners.
Article 169 The testimony of a single witness, without any other means of evidence, deserves no credit in legal proceedings. (Bw. 1905; Sv. 376; IR. 300.)
Article 170 In the event that separate and on itself standing testimonies of different persons, concerning different facts, because of their coincidence and relevancy, serve to substantiate a certain matter, it shall be left to the judgment of the judges to accredit such force to these separate testimonies as are brought along by the circumstances.
Article 171 (1) (2) Every witness must be clothed with reason by knowledge. Particular opinions or guesses that have been made up by reasoning, are no testimonies. (Bw. 1907; Sv. 377; IR. 301.) Penelitian Hukum Indonesian - Hak Cipta 2003
Halaman 26
Article 172 In assessing the value of the testimony the judge must pay special attention to the mutual agreement of the witnesses; to the harmony between the testimonies and what is known from other sources concerning the case that is on trial; to the motives which the witnesses could have had in order to present the case in this or that way; to the way of living, morals and standing of the witnesses, and, in general, to everything what more or less could influence their reliability. (Bw. 1908; Sv. 378; IR. 302.)
Article 173 Bare suspicions, not based on an explicit law stipulation, may at the decision of a case only then be taken into consideration by the judge, when these are momentous, accurate, specific and in agreement with each other. (Bw. 1916, 1921v.; Sv. 370; IR. 294.)
Article 174 The confession, which is made before the judge, presents a complete evidence against the person, who has made this either in person or through a specifically thereto authorized person. (Bw. 1925; Rv. 256v., 383.; IR. 176, 307.)
Article 175 It is left to the judgment and discretion of the judge, which force he has to attach to a verbal confession, made out of legal proceedings. (Bw. 1928; Sv. 387v.)
Article 176 Every confession must be accepted in its entirety, and the judge is not at liberty, to the prejudice of the person who made it, to accept one part of it and reject another part thereof, except when a debtor, in order to free himself, has alleged matters the falseness of which is evidenced. (Bw. 1924; IR. 174)
Article 177 Of the person, who in a trial has taken an oath, that has been ordered or referred back to him by the opposing party or that has been imposed on him by the judge, no other evidence may be claimed to substantiate what he has sworn to be the truth. (Bw. 1936; IR. 155v.)
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-03, 3. DELIBERATION AND THE SENTENCE
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 3. DELIBERATION AND THE SENTENCE 178-187
Section: Article:
Article 178 (1) The judge must in his deliberations by virtue of his office supplement the legal grounds that may not have been brought forward by the parties. (RO. 39, 41; IR. 184.) He is obliged to carry out justice on all parts of the claim. It is prohibited for him to make a pronouncement concerning cases, which have not been claimed, or to award more than has been claimed. (Rv. 50.)
(2) (3)
Article 179
(1)
After that the decision is made with an observation of the foregoing stipulations, the parties shall again be called in, and the sentence shall be pronounced in public by the mouth of the chairman. (RO. 40; Sv. 171; IR. 116, 186, 317.) When parties, or one of these, are not present at the pronouncement, they shall at the order of the chairman be notified of the content of the sentence by a thereto authorized functionary. (IR. 184, 192, 318, 388.) The last paragraph of article 125 is applicable in this. (IR. 188.)
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Article 180
(1)
The district court can order the temporary execution of his sentences notwithstanding resistance or higher appeal, in the event that there is an authentic title, a handwriting, that pursuant to relevant prevailing stipulations has force of evidence, or a prior condemnation with a sentence, that has received force of an entered judgment, also when a provisional claim is adjudged, as well as in disputes concerning ownership right. (Bw. 548v.; Rv. 53v.; IR. 181, 190; S. 67-29*, pg. 1753.) Penelitian Hukum Indonesian - Hak Cipta 2003
Halaman 28
The temporary execution may however never extend itself to the imprisonment for debt. (IR. 209v.)
Article 181
(1)
All who by the sentence are put in the wrong, shall be ordered to pay the costs. The costs could however entirely or partly be compensated between spouses, blood-relatives in a straight line, brothers and sisters or relatives by marriage in the same grade, also in the event that the parties have mutually been put in the wrong. With temporary decisions and others, that have preceded the sentence, the pronouncement concerning the costs can be reserved until the final sentence. (Rv. 58; Sv. 411; IR. 180, 182v., 237v., 378.) The costs of a case where the sentence is pronounced in absence, shall be borne by the condemned person, even though he could after resistance or higher appeal be put in the right, whereby at the hearing of the resistance or higher appeal it could appear that he has not been properly summoned. In the case as mentioned in article 127, the costs that are incurred by the further summons of the defendants who did not appear shall be borne by them, even though they may be put in the right, except when they have not been properly summoned for the first court session.
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Article 182
(Gew. S. 27-248 jo. 338.) The sentence in the costs cannot extend itself further than to: 1. the registrar's office charges and the costs of the in the legal proceedings needed stamps; (S. 24-344*; Stampordinance.) the costs of witnesses, experts and interpreters, including the costs of their administration of the oath, with the understanding that the party, who shall have arranged that more than five witnesses be heard concerning the same subject, cannot enter the costs of the further testimonies as a charge to the opposing party; the costs of local surveys and other judicial actions; the salaries of the functionaries, who have been commissioned to make summons, notifications and other work. the costs stated in article 138, sixth paragraph; the salary that is owed to the registrar of the court and other functionaries relevant to the execution of the sentence; everything in accordance with the prevailing or later to be determined ordinances and tariffs by the Governor General, and in absence thereof, as estimated by the chairman. Penelitian Hukum Indonesian - Hak Cipta 2003
2.
3. 4.
5. 6.
Halaman 29
Article 183 (1) The amount of the costs of the proceeding, in which one party is condemned, shall have to be expressed in the sentence. The same is applicable with regard to the amount of the costs, losses and interests, in which the one party is condemned by the other. (Rv. 607, 610.)
(2)
Article 184 (1) The sentences shall include a brief, yet clear statement of the claim and of the reply, as well as of the grounds, on which the pronouncement is based; furthermore the statement mentioned in the fourth paragraph of article 7 of the regulation on the judicial organization and the conduct of the judicature in Indonesia, and eventually the decision of the district court concerning the principal case, and the one concerning the costs, also the statements of the parties who have been present at the pronouncement. In sentences that are founded on positive legal stipulations, these must be mentioned. (RO. 7, 30v.; Rv. 61; Sv. 174; IR. 178v., 181v., 185v., 319.) The sentences shall be signed by the chairman and the court registrar. (RO. 43; Sv. 174-7; IR. 116, 186v., 319-6.)
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Article 185 (1) The sentences that are no final sentences, shall, however much alike to a final sentence these must be pronounced, not be drawn up separately, but shall only be recorded in the official report on the court session. Parties can at their cost have themselves supplied with authentic copies of such records. (Rv. 48; Sv. 420; IR. 184, 180v.)
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Article 186 (1) The court registrar shall make a separate official report of every case, in which, except for what has occurred in the court session, the advice, as mentioned in the third article 7 of the regulation on judicial organization and the conduct of the judicature in Indonesia, is stated. It shall thereby not be mentioned whether the decision was taken by majority or with a generality of votes. (RO. 41, 63; Rv. 29; Sv. 141, 176; IR. 131, 179, 184, 192, 322.) This official report shall be signed by the chairman and the court registrar. (Rv. 62; IR. 116, 185, 187, 322.)
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Halaman 30
In the event that the chairman finds himself in the impossibility to sign the sentence of the official report of the court session, this shall then be done by the first member in rank after him, who has tried the case. In the event that the court registrar finds himself in that impossibility, this shall then explicitly be mentioned in the official report of the court session. (RO. 52; Rv. 63; IR. 184, 186, 322.)
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-04, 4. APPEAL
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 4. APPEAL 6-15
Section: Article:
Annotation: This part is no longer applicable; civil cases are now subject to Law Number 20 Year 1947, Chapter III, Part 1, which read as follows: Article 6 With regard to decisions of District Courts in Java and Madura on civil cases not stating that the amount of compensation is one hundred rupiah or less, one of the parties to the cases may appeal to the competent High Court in their respective jurisdiction. Article 7 (1) The appeal shall be submitted in writing or orally by the appellant or its proxy, who is specifically appointed for such purpose, to the Clerk of the District Court making the decision within fourteen days following the announcement of the decision to the related parties. For appellant not residing in the region where the District Court holds its sessions, the period of time for filing an appeal shall be thirty days. In the event of appeal without any charge, such period of time shall be commenced on the day after the notification of the High Court's decision on such appeal to the Head of District Court. Appeal shall not be accepted after the lapse of the aforementioned period of time, and if the charge is not paid while filing the appeal, as required by applicable regulations, the charge of which must be appraised by the Clerk of the District Court. Article 8 (1) With regard to decisions of District Courts made in the absence of the defendant, the defendant may not file any appeal, he can only make his defense in the first degree hearing; however, if the plaintiff files an appeal, the defendant cannot exercise his right of defense in the first degree hearing. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 32 (2) If due to any reason whatsoever the defendant cannot exercise his right of defense in the first degree hearing, he can file an appeal. Article 9 (1) Decisions of District Courts not constituting final decisions may only be appealed together with the final decisions. Decisions deemed by District Courts as beyond their jurisdiction shall be considered as final decisions. Article 10 (1) (2) Requests for appeal that are acceptable shall be recorded by the Clerk of the District Court in the registry. The Clerk shall notify the above matter to the counter party to the case being appealed. Article 11 (1) Subsequently by no later than fourteen days after the request for appeal is accepted, the Clerk shall notify both parties that they can see the relevant documents in the District Court office within fourteen days. Copy of decision, hearing documents and other relevant documents must be submitted to the Clerk of the competent High Court by no later than one month after the receipt of the request for appeal. Both parties may submit statements and evidence to the Clerk of the District Court or the Clerk of the High Court that will make the decision, insofar as such copy and documents are given to the counter party through the mediation of an employee of the District Court appointed by the Head of the District Court. Article 12 (1) Request for exemption from the charges of appeal shall be submitted in writing or orally to the Clerk of the District Court making the decision, along with a statement from one of the competent civil servants in the related person's residential area that such person cannot afford to pay the charges, if the person is the party filing the appeal, within fourteen days as from the day following the announcement of the decision to the related parties, and if the person is another party, within fourteen days as from the day following the notification on request for appeal. The request shall be recorded by the Clerk of the District Court in the registry. Within fourteen days following the recording of the request, the District Court Judge shall have such request notified to the other party and shall have both parties summoned to appear before him. If the appellant does not appear, the request shall be deemed non-existent. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 33 (5) If the appellant does not appear, he shall be examined by the Judge, and the other party shall also be examined be the Judge, if he appears. Article 13 The hearing documents must be delivered to the High Court entitled to make decision on the case in the second degree hearing, by no later than seven days after the hearing is completed. Article 14 The High Court shall make a decision on such request and shall have that decision notified as soon as possible to the Head of the relevant District Court. Article 15 (1) The High Court shall hear an appeal and make decision thereon with three Judges if necessary, and by listening to both parties or witnesses. If the District Court Judge decides that the case is beyond his jurisdiction, and the High Court is of a different opinion, the High Court may have the District Court decide on the case or may make its own decision on such case. The Clerk of the High Court shall deliver as soon as possible a copy of such decision along with the hearing document and other relevant documents to the District Court making the decision in the first degree hearing. The procedure for implementing this decision shall be the same as that for implementing the decision of the Judge in the first degree hearing.
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Halaman 34
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-05, 5. THE EXECUTION OF SENTENCES
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 5. THE EXECUTION OF SENTENCES 195-224
Section: Article:
Article 195 (1) The legal execution of the sentences in cases, of which the district court at first instance taken cognizance, takes place at the order and under the direction of the chairman of the district court, who at the first instance took cognizance of the case, in the manner as indicated in the following articles. (Rv. 350, 360; IR. 194.) When this entirely or partly must take place outside the jurisdiction of the aforementioned district court, the chairman shall for that purpose in writing call in the intermediary of the chairman of the Indonesian court of law concerned, also outside Java and Madura. The chairman of the district court, whose intermediary has been called in, shall act in a similar manner as stipulated in the previous paragraph, when it appears to him that the execution entirely or partly also must take place outside the jurisdiction of his court of law. For the chairman of the district court, whose intermediary is called in by a colleague outside Java and Madura, the regulations of this section relevant to all actions that have to be taken as a result of this order shall be applicable. The chairman, whose intermediary has been called in, shall within two times twenty-four hours give information concerning the measures that have been ordered and subsequently of the result thereof to the chairman of the district court, who at first instance has taken cognizance of the case. Resistance, also from third parties on the ground of claimed ownership of goods that have been distrained in carrying out the execution, shall, like all disputes concerning ordered means of coercion, be filed at and tried by the district court, within whose jurisdiction the executed actions have taken place. Of the dispute that has arisen and of the thereupon taken decision the chairman of the district court shall in each case within two times twenty-four hours provide written information to the chairman of the district court, who at first instance has taken cognizance of the case. Penelitian Hukum Indonesian - Hak Cipta 2003
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Halaman 35
Article 196 In case of unwillingness or negligence of the condemned person to amicably comply with the content of the pronouncement, the party to whose advantage the pronouncement was made shall then verbally or in writing request the chairman of the district court as mentioned in the first paragraph of article 195 for an execution thereof. He shall then summon the condemned party to appear before him and shall exhort this party to as yet comply with that pronouncement within a term that is set by him of not more than eight days. (Rv. 439, 443; IR. 94, 113, 130.)
Article 197 (1) In the event that after the expiration of the determined term the pronouncement has not been complied with or that the condemned party, notwithstanding having been properly summoned, has not appeared, the chairman shall then officially issue a written order to confiscate such an amount of movable goods, and with an absence or an apparent insufficiency thereof, such an amount of immovable goods of the condemned party, as presumably shall be necessary to recover the amount of the sentence and also cover the costs of the execution. The distraint shall be levied by the registrar of the district court. Should the registrar because of official duties or other reasons be prevented, he shall then be replaced by a suitable or trusted person, who shall for this be appointed by the chairman or at his request by the head of the local government (the Assistant-Resident)1(6), to which appointment, in the manner as aforementioned, the necessary authority is given, in the event that the chairman, according to the circumstances, considers such necessary in order to save costs with a view to the remoteness of the location where the distraint must be levied. (4) The appointment is made through a bare statement in, or through a notation of the written order as mentioned in the first paragraph of this article. The registrar or the person who has been appointed to replace him prepares the official report concerning the action he has taken and informs the tendency thereof to the person whose goods have been distrained, in the event that he is present. They shall at the confiscation be assisted by two witnesses, whose names, profession and place of domicile shall be mentioned in the official report and who shall also countersign the original document and its copies. (Gew. S. 32-42.) The witnesses must be inhabitants of Indonesia, having reached the age of twenty-one years and be known to the person who levies the distraint as reliable persons or who have been introduced as such by a European or Indonesian government official.
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Civil Procedure Code Halaman 36 (8) The distraint of movable goods of the debtor, including sums of money and securities, could also include the corporeal movable possessions, which are kept by other persons, and may not extend itself to livestock, that - and the tools, which are absolutely needed for an operation of the condemned person's private business. (9) The registrar, or the person who has been appointed to replace him, shall, according to the circumstances, arrange that the movable goods or part thereof be taken to a suitable storage place. He shall in the first instance notify the village- or kampong-police thereof, who shall see to it that no goods shall be carried away. Indonesian freeholds may not be transferred. Rv. 444, 446, 449, 454, 473; IR. 94v., 113.)
Article 198 (1) With the confiscation of immovable goods the official report of the confiscation shall be promulgated, all according to whether the goods have been registered or not on the basis of the ordinance on transfer of ownership of immovable goods and the registration of mortgages on same in Indonesia (S. 1834 No. 27), by the transfer of the official report into the register as meant by article 50 of the Stipulations concerning the implementation of and transfer to the new legislation (S. 1848 No. 10) or into a for that purpose made register at the registrar's office of the district court, in both cases with a mention of the hour, day, month and year, in which the promulgation is requested, while of that hour, day, month and that year mention must be made by the registrar on the original document that has been presented to him. (Rv. 507; Ov. 50 pg. 240; Overschr. pg. 810v.) The person commissioned with the confiscation shall furthermore instruct the village head to locally in the there usual practice give the most possible publicity to the confiscation that has been made.
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Article 199 (1) Counted from the day of the promulgation of the official report concerning the confiscation, the party against whom the confiscation was made may not alienate, encumber or hire out the immovable goods that have been confiscated. Agreements that have been made in contravention of prohibition cannot be invoked against the confiscator. (Rv. 507.)
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Article 200 (1) The sale of the distrained goods takes place through the intermediary of the auction company, or, according to the circumstances, at the discretion of the chairman, by the person who has levied the distraint or by an other suitable or reliable person who lives at the place where the sale must take place or in the vicinity thereof, who for that purpose has been appointed by the chairman. (Rv. 453, 466; Auctionregul. 1, 4, 20v.) Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Halaman 37 (2) In the event however that the sale, as mentioned in the first paragraph, must take place for an execution of a pronouncement involving the payment of a sum that shall not exceed the amount of three-hundred guilders, excluding the proceeding costs, or if, at the discretion of the chairman, in the event that it shall appear that the distrained goods presumably shall not realize more than three-hundred guilders, the sale may then under no circumstances take place through an intermediary of the auction company. (3) The sale shall in that case be held by the person who has levied the distraint or by an other suitable and reliable person as mentioned in the first paragraph. The person, commissioned with the sale, shall report the outcome of the sale in writing to the chairman. The condemned person is authorized to indicate the order in which the distrained goods shall be sold. As soon as the proceeds of the sold goods is to amount the sum, for which the execution is carried out, and the thereon charged expenses, the sale shall then be discontinued and the remaining goods immediately be returned to the condemned person. The sale of movable goods shall take place after a timely announcement thereof in accordance with local practices; it may not take place prior to the eighth day after the distraint. In the event that, simultaneous with movable goods, immovable goods have been confiscated and none of the movable goods are subject to a speedy decay, the sale shall with an observance of the indicated priority be made at the same time, however in that case only after two each other following announcements with an interval of fifteen days have been made. With the confiscation solely of immovable goods the formalities as mentioned in the previous paragraph shall be applied on the sale. The sale of immovable goods, apparently exceeding the value of one-thousand guilders, shall once, not later than fourteen days before the day of sale, be announced in a daily newspaper of the place, where the sale is to take place and, in the absence of such a daily newspaper, in one of a place in the vicinity. (Rv. 516.) The rights of the executed person on the sold immovable goods shall, on the basis of the assignment thereof to the buyer, be transferred to him as soon as he has complied with the terms of the purchase. He shall upon this compliance be handed a written evidence by the auction company or by the person who has been commissioned with the sale. (Rv. 526, 532.)
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Civil Procedure Code Halaman 38 (11) In the event that the executed person refuses to vacate the immovable good, the chairman of the district court shall then issue a written instruction to a person authorized to carry out operations, assisted by the registrar of the district court or by an other thereto by the chairman appointed European official or functionary, if necessary with assistance of the strong arm of the law, to have the property vacated by the executed person with his family and his belongings and empty it. (Rv. 526, 1033.)
Article 201 In the event that two or more requests for execution of sentences that have been pronounced against one and the same debtor are being handled at the same time, then shall under one official report so many goods be distrained as presumably necessary to settle the joint amount of all sentences and in addition thereto the costs of the execution.
Article 202 When, after a distraint, but before the sale of the distrained goods, there are still other requests being submitted for an execution of pronounced sentences against the same debtor, the duly levied distraint shall then also cover the settlement of the by these requests mentioned sentences and the chairman shall if necessary order the continuation of the distraint of so many previously not yet distrained goods as are presumably necessary to settle the amount of these sentences and in addition thereto the costs of the continued distraint.
Article 203 In the period as mentioned in the previous article, sentences against the same debtor, pronounced by other judges than as mentioned in the first paragraph of article 195, can also be offered for execution to the chairman, on whose order the execution has taken place. What is stipulated in article 202 is applicable to these requests.
Article 204 (1) In the events, as mentioned in the three foregoing articles, the chairman decides, after a hearing or proper summons of the debtor and the creditors, who have made a request for execution, the manner in which the proceeds of the execution must be divided among the creditors. The creditors, who have appeared upon the summons as mentioned in the previous paragraph, can against this decision come in higher appeal at the court of justice; articles 188 through 194 are applicable to this appeal.
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Article 205
Civil Procedure Code Halaman 39 As soon as the decision concerning the distribution has legally been entered, the chairman shall provide the auctioneer or the person commissioned with the sale with a distribution-list, so that this can serve as a basis for the distribution of the purchase-money.
Article 206 (1) (Gew. and aangev. S. 33-124.) The execution of pronouncements, involving the payment of a sum, not exceeding the amount of one-hundred-fifty guilders, excluding the proceed-charges, shall take place without prior exhortation. The distraint and the sale of movable goods shall in that case be carried out in the manner, as stipulated in articles 93 through 97, with the difference, that these are ordered by the chairman to the district-head or to the Indonesian head of equal rank or who has been charged with equal functions, who can commission the work to a to him subordinate sub-district-head, police-aide or clerk, except for his obligation to report in writing or verbally to the chairman of the district court concerning the outcome of these actions. The sub-district-head can in turn commission the order to a to him subordinate police-aide or clerk. A clerk can only then be commissioned with the execution when he has reached the by the Head of provincial government determined age- and service time limits. For the actions of the to him subordinate clerk, the district-head in this the sub-district-head shall moreover remain to be responsible. (2) When not sufficient movable goods can be found, the immovable goods of the debtor shall then, upon an officially issued written order of the chairman, in a manner as indicated in article 197 and with an observance of what is stipulated by article 198, for as much as necessary, also be confiscated and sold, with an observance of the by article 200 stipulated formalities. (Tax-executions: S. 17-171 art. 6*; for prov. etc. S. 39-248 art. 6.)
Article 207 (1) The resistance of the debtor against the execution, both in case of a distraint on movable goods as well as a confiscation of immovable goods shall by him, who resists, either in writing, or verbally, be made known to the chairman of the district court, as meant in the sixth paragraph 195, who shall, when the contradiction is made verbally, keep a record or arrange that a record be kept of this. (IR. 120, 197, 206.) The case shall subsequently by the chairman be presented in the next meeting of the district court, to be decided upon, after a hearing, or properly summoning of the parties. (IR. 124v.) The contradiction or resistance does not obstruct the commencement or the continuance of the execution, with regard to which the chairman has duly ordered a suspension, pending the pronouncement of the district court. (Rv. 442; IR. 208, 224.)
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The stipulations of the previous article are also applicable to the case, that a third party resists the execution on the ground of claimed ownership of the goods that have been distrained. (Rv. 477v.) With regard to the sentences, pronounced on the basis of this and the previous article, the general rules concerning higher appeal shall be applicable. (IR. 188v.)
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Article 209 (1) When there are no or insufficient goods available to ensure the execution, the chairman of the district court shall then at the verbal or written request of the party, in whose favor the pronouncement was made, issue a writ for an imprisonment for debt of the debtor to a person who is authorized to carry this into effect. (Rv. 583v.; IR. 338v.) The time, during which the debtor, in accordance with what is stipulated by the following article, can be kept in prison for debt, shall be stated in that writ. (Rv. 580, 586; Sv. 347; IR. 180, 197, 206, 211v., 213, 215, 217, 220v., 222, 224, 331v.; S. 94-244 jo. 11-504*, pg 1217 note; Bb. 3686, 4993.)
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With S. 74-94, I, is stipulated: Against Indonesians and with them equalized persons, who have reached the full age of 65 years, and who are not subject to the relevant regulations that are in force for Europeans, imprisonment for debt in civil cases shall only take place in the following events: 1. 2. because of stellionation (embezzlement of land); for the return of money, which is supposed to be in the custody of the thereto appointed persons who have been appointed by public authority. for the delivery of matters that have been entrusted in the hands of the by law appointed and other custodians; against all public officials for showing their documents, when they have been ordered by law; against bailiffs and such persons, who have been charged to carry out the functions of a bailiff, and other officials, for the return of the to them, in view of their official duties, entrusted titles and of the money that they received in this capacity. (Gew. S. 17-197.) for compensation of costs, damages and interests, exceeding the amount of one-hundred-fifty guilders, to which a person has been sentenced towards the offended party, pertinent to a criminal or unlawful deed; for the end balance of account owed by guardians, trustees, legal custodians and an administrators of local and other establishments and institutions, who are obliged to render an account, and for all returns, which as result of the mentioned account must be made. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 41 8. against persons, who are no inhabitants of Indonesia. Imprisonment for debt in civil cases outside these instances shall cease as soon as the debtor has reached the full age of 65 years. In the event of doubt concerning the age or contradiction in that respect from the side of the debtors the local district court or other courts of law of the same level shall decide in the first as well as the last resort. S. 75-249 jo. 76-106 stipulates that imprisonment for debt is permitted against lessees of government's means and their guarantors for payment of the rental amount, of the cost of by the Government provided opium and of the penalty because of late payment; and such also when they have reached the full age of sixty-five years. On the basis of S. 17-171 art. 4* jo. 27-392, gew. A. 37-207, imprisonment for debt can be implemented upon a writ-execution at the written order of the Head of the provincial government in the outer provinces pursuant to S. 38-373 jo. 264 of the resident; in the provinces the order is issued by the Governor, when the writ has been issued by him, and in all other instances, by the resident.
Article 210 (1) The imprisonment for debt shall be ordered for the time period of six months on account of a sentence up to and including one-hundred guilders; (T. XIII-371; IR. 203, 219, 221, 223v.) for the time period of one year on account of a sentence of more than one-hundred guilders up to and including three-hundred guilders; for the time period of two years on account of a sentence of more than three-hundred guilders up to and including five-hundred guilders; for the time period of three years on account of a sentence of more than five-hundred guilders. (Rv. 586; Sv. 349.)
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The due legal charges shall not be taken into consideration in the calculation of the amount of the aforementioned sums.
Article 211 Under no circumstances shall imprisonment for debt to children and further descendants be permitted against their blood- and akin-relatives in the upward line. (Bw. 298; Rv. 582; IR. 209, 218, 331.)
Article 212 The debtor may not be imprisoned for debt: 1. in buildings, dedicated to religion, during worship; Penelitian Hukum Indonesian - Hak Cipta 2003
Civil Procedure Code Halaman 42 2. in places, where constituted authorities hold meetings, during the time that the meeting is held. (Rv. 22, 595; IR. 218.)
Article 213 (1) When the debtor resists the execution of imprisonment for debt, on the ground of claimed illegitimacy, and wishes that an immediate pronouncement thereto be made, he shall address himself in writing to the chairman of the district court who has ordered the imprisonment for debt, or, in the event that he so prefers, be brought before the official, who in both cases shall without delay decide whether or not the debtor is to be temporarily imprisoned for debt pending the pronouncement of the district court. The fourth, sixth and seventh paragraphs of article 218 are applicable to this. In the event that the debtor resists writing, he could then, pending the pronouncement of the chairman, in prevention of an escape, be kept in custody. (Rv. 599; IR. 180, 209, 224.)
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Article 214 The debtor, who does not make a resistance or whose resistance has been dismissed, shall immediately be taken to the prison intended for the imprisonment for debt. (Rv. 600.)
Article 215 The prison warder shall within twenty-four hours notify the registrar of the district court of the apprehension that has been made. (Sw. 333, 555,; IR. 209, 212, 22v.)
Article 216 (1) The sustenance costs of the prisoner for debt shall be born by the person, to whom the imprisonment for debt is granted, and must, from thirty to thirty days, be paid in advance to the prison warder, in accordance with the thereto prevailing or later by regulation determined stipulations by the Governor General. (IR. 214.2.) When the creditor has not fulfilled this obligation before the thirty-first day, the chairman of the district court shall then, upon the thereto extending claim from the debtor or from the prison warder, immediately issue an order for discharge from the imprisonment for debt. (Rv. 587; IR. 217, 219.) For an execution of the order for discharge shall in this and all other cases, within twenty-four hours, notification be given by the prison warder to the registrar of the district court. (IR. 222; TLN. 835, cf. note Rv. 601, pg. 1220; for Nw-G. see Gb. 53-35*.)
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Halaman 43
The debtor, who has legally been imprisoned for debt, shall irrevocably receive his discharge: (IR. 216) 1. by the consent of the creditor, who has caused him to be imprisoned for debt, which consent, except by authentic deed, can also be given through a verbal statement to the registrar of the district court, who shall keep a record thereof in the register as mentioned in article 222; by the payment or the legal giving in custody at the registrar's office of the district court of the monies, which are being owed to the person, who has imposed an imprisonment for debt, with an inclusion of due interest, of the settlement of proceeding-costs, of the costs for imprisonment for debt and of the monies that have been advanced for sustenance. (Bw. 1382v., 1404; Rv. 591, 809v.; Sv. 352; IR. 209, 216.)
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Article 218 (1) The debtor, who has not gone into resistance in the manner, as stipulated by article 213, shall thereby not be deprived from his right to, in the event that he should claim that, in contradiction with the stipulations of articles 211 and 212, or on other accounts, he has illegitimately been imprisoned for debt, request the annulment of his detainment from the district court. He shall to that end, through the intermediary of the prison warder, submit a written request to the chairman of the district court. In the event that the debtor is unable to write, he shall then be given the opportunity to present his disagreements verbally to the chairman, who shall keep or cause that a record is kept thereof. The case shall by the chairman be presented in the next meeting of the district court and by this, if necessary after a hearing of the debtor and of the creditor, who has gained permission for an imprisonment of debt, in that manner be decided as shall be found proper. (Rv. 606.) Action shall be taken in a similar manner, in the event that the debtor is of the opinion that he can advance legal reasons, except for what is mentioned by article 216, which shall solely be decided upon by the chairman. The sentences in all these cases the sentences of the district court shall be subject to higher appeal, but meanwhile practicable pending a further outcome thereof. (IR. 180.) The stipulations contained in articles 188 through 194 are applicable to this appeal. (IR. 213.)
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Civil Procedure Code Halaman 44 (1) The debtor, whose imprisonment for debt has been annulled or who in the absence of an advance payment for his sustenance has been discharged, can not again for the same debt be imprisoned for debt, than only at least eight days after his discharge. (Rv. 582; IR. 216.) (2) When the discharge is ordered because of an absence of an advance payment for sustenance, the creditor may not cause the debtor to again be imprisoned for debt, than only after having advanced the sustenance for three months. (Rv. 605.) The time of imprisonment for debt that has already been passed shall in all cases be calculated in diminution of the term, for the duration of imprisonment for debt that has been permitted in the various cases. (IR. 210.)
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Article 220 He who escapes from an imprisonment for debt, can on the basis of the previously issued order against him immediately again be imprisoned for debt, subject to the compensation of the caused damage and costs. (IR. 209.) Article 221 Notwithstanding the imprisonment for debt that has been carried into effect, the debtor shall in his goods remain to be liable for the debt, for which the imprisonment for debt has been granted against him. (IR. 210.) Article 222 The registrars at the district courts shall keep a separate register of imprisonments for debt, in which shall be recorded: (Rv. 593, 601v.; IR. 217, 223.) 1. the orders for imprisonment for debt that have been issued by the chairman of the district court, with mention of their dates, the names, the profession and place of domicile of the persons, against whom these have been issued, and of the time during which these persons can be kept imprisoned for debt; (IR. 209v.) the day of the debtor's detainment. the day of his discharge from imprisonment for debt. Article 223 The chairman of the district court shall arrange that this register shall in the course of each month be laid before him and he shall carefully see to it that every prisoner for debt, whose time of imprisonment for debt has expired, immediately be discharged. (IR. 210.) Article 224
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Civil Procedure Code Halaman 45 To the engrossments of mortgage deeds and notarial statements of indebtedness that have been drawn up in Indonesia, and in the caption of which carrying the words "In the name of the King", equal force shall be accorded as to sentences. The execution thereof shall be carried out with an amicable non-observance at the order and under the direction of the chairman of the district court, in whose jurisdiction the debtor lives, resides or has chosen domicile, in the manner, as indicated in the foregoing articles of this section, however with such understanding, that the application of imprisonment for debt can only take place, after that this has been permitted by sentence. When the execution must entirely or partly take place outside the jurisdiction of the district court, whose chairman has made the order, the directions of article 195 second paragraph, and the following shall be complied with. (Ov. 91; Rv. 440, 584; Not. 41' T. XIII-372.)
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Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-06, 6. SEVERAL EXCEPTIONAL MANNERS OF JUDICATURE
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 6. SEVERAL EXCEPTIONAL MANNERS OF JUDICATURE 225-236a
Section: Article:
Article 225
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When a person, who has been sentenced to take an action has not done this within the by the judge determined period, the person to whose advantage the sentence was pronounced could then in writing or also verbally request the district court, through the intermediary of the chairman, that the matter that must be settled in his favor, be appraised in a sum of money, whereby the amount is specifically stated; of which a notation must be made, in the event that the request is made verbally. (IR. 118v.) The chairman shall present the case in the meeting of the district court, which, after hearing or properly summons of the debtor and in accordance with the found circumstances, shall either reject the claim, or decide that the ordered but not taken action be appraised at the amount as desired by the requester or less, and in that case sentence the debtor to make the payment thereof. (Bw. 1239; IR. 228.) Article 226
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The owner of any movable good can in writing or verbally request the chairman of the district court, in whose jurisdiction the holder of the good lives or stays, to distraint the good that is being held. The good that is to be distrained must be accurately indicated in the request. With a consent of the request the distraint shall take place at the written order of the chairman. Concerning the person, by whom the distraint must be made, and the formalities that must thereby be observed, article 197 is found to be accordingly applicable. The registrar shall without delay inform the requester of the distraint that has been made, who shall also be served with a notice that he has to appear in the next court session, in order to make and substantiate his claim. Penelitian Hukum Indonesian - Hak Cipta 2003
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Civil Procedure Code Halaman 47 (5) The arrested person shall at the order of the chairman also be summoned for the same court session. (6) The lawsuit shall at that time be examined and adjudged in the usual manner. (IR. 130v., 139v., 155v., 163v., 178v.) Upon granting the request, the distraint shall be declared valid and ordered, that the distraint good shall be handed over to the claimant, while with a rejection of the claim an order shall be given that the distraint be lifted. Article 227 (1) When there is a well-founded suspicion that the debtor, against whom no sentence has yet been pronounced, or a sentence that cannot as yet be executed, shall seek to conceal or transport away his movable or immovable goods, in order to withdraw these from his creditors, the chairman of the district court can, at a for this purpose made request from the person concerned, issue an order that such goods be distraint to safeguard the right of the requester, who shall also be served with a notice that he must appear in the next court session in order to make and substantiate his claim. (Rv. 720v.; IR. 124v., 139v., 155v., 163v.) The debtor shall at the order of the chairman be summoned to appear at the same court session. Concerning the person, by whom the distraint must be made, and the formalities and thereto attached consequences that must thereby be observed, articles 197, 198 and 199 are found to be accordingly applicable. The lawsuit shall at that time be examined and adjudged in the usual manner. Upon granting of the claim, the distraint shall be declared valid, with rejection of the claim an order shall be issued that the distraint be lifted. Lifting of the distraint can in all instances be claimed against provision of a bail or other sufficient security. (Rv. 725; IR. 228.) Article 228 (1) With regard to the sentences, pronounced by the district court on the basis of the three foregoing articles, the general rules concerning higher appeal are applicable. (IR. 188v.) The sentences stated in those articles shall be executed in the usual manner. (IR. 196v., 209.) Article 229 When an adult person, because of a lack of intellectual faculties, is incapable of to care for himself and manage his goods, every next of kin, and in the absence of these, the magistrate of the district court shall be authorized to request that a guardian be appointed for the care of such a person and for the management of his goods. (Bw. 434v.; for infancy S. 31-54*, pg. 444.) Penelitian Hukum Indonesian - Hak Cipta 2003
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Halaman 48
This request shall be submitted to the chairman of the district court, who shall arrange that the requester and the by him named witnesses, as well as the person who is wished to be seen placed under guardianship, be summoned to appear before the district court on a specific stated court day. (Bw. 438v.) Article 231 (1) On that specific day the thus summoned persons and witness shall, after taking an oath, be heard. In the event that the request is granted, the district court shall then also nominate the person who shall become the guardian, who presumably could best take care of the person who is placed under guardianship and his possessions. (Bw. 441, 449; IR. 236.) Article 232 (1) The guardianship can, with a ceasing of the reasons which have caused the granting thereof, again be lifted by the district court. The request to that effect, the investigation on that account and the decisions concerning the matter shall also take place in the above described manner. (Bw. 460; IR. 229v., 236.)
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Article 233 With the ceasing of the guardianship through an elevation or for an other reason, the guardian shall be obliged to give an account and justification of his management to the rightful person. (Bw. 409, 452.) Article 234 (1) The district court is authorized, at the request of next to kins, or also of the district court magistrate, for the sake of good order and in prevention of accidents, to place such persons, who, because of a continuously bad and inordinate behavior, are unfit to be left on their own, or who are a danger to the safety of others, after a proper examination, in the secure custody of the thereto intended institutions, hospitals or other suitable places, and to keep them there for as long as these persons do not show any signs of recovery. (RO. 134v., 138; Insanity 48; Bb. 775, 1072, 2143; S. 68-72.) Such requests, irrespective of the guardianship, which, in the event that this has not yet already been provided, and when moreover there are sufficient grounds for this, can be made at the same time or later, in accordance with the advocated stipulations. (Bw. 456; IR. 236.)
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Civil Procedure Code Halaman 49 1 (7)What is stipulated by the first paragraph of this article is also applicable in (3) respect of persons, who, suffering from hideous diseases, are begging in public or wandering about without any means of subsistence or in some way are taking advantage of their situation with thereby becoming a burden to others, with the understanding: a. that mentioned persons can only be taken up in institutions or hospitals, when they have to that end in consultation with the Head of the Public Health Service been declared eligible by the head of the provincial government 2(8), that if so demanded also in consultation with the mentioned service-head certain terms be attached to this statement of eligibility; b. that persons, in whose respect a legal decision has been taken as mentioned in the first paragraph of this article, may not be placed in an institution or hospital that is solely intended for sufferers of a certain contagious disease except after that a thereto by the head of the provincial government 2(9) in consultation with the relevant inspector or acting inspector of the Public Health Service appointed physician - if possible someone who is experienced in the diagnosing of mentioned disease - has in writing declared that they are suffering from that disease or are seriously being suspected thereof. c. that the district court at the request of concerned parties or next to kins or of the magistrate at the district court, shall arrange to release those, who have on the above mentioned lines been placed in a certain custody, as soon as their detainment, in connection with the thereto leading causes, is regarded as no longer necessary. Article 234a (Ing. S. 36-81, 159; 48-322.) (1) The district court is also authorized, at the demand of the district court magistrate, with a simple decision, to order the admission in a thereto intended labor colony of adult persons who have by the Head of the Department of Social Affairs been declared as belonging to the workshy unemployed persons without sufficient means of subsistence, in the event that they by begging, vagrancy or by anti-social behavior are disturbing the good order. No decision shall be taken concerning the demand as mentioned in the first paragraph before a hearing or at least a proper summoning of the person, whose admission is demanded. The district court shall make a decision on the basis of submitted accounts and reports, but is authorized to hear witnesses who can provide further information regarding the brought forward facts. The decisions mentioned in the two foregoing paragraphs shall be effective for the term of one year, which term can over and again upon a similar demand be extended with a year, all subject to the authority of the Head of the Department of Social Affairs to at any time release the person concerned from the institution, in the event that the reason for his admission is withdrawn or if his physical or mental condition makes a further stay undesirable. Penelitian Hukum Indonesian - Hak Cipta 2003
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(Aangev. S. 39-715.) The person, in whose regard an extension of the term of admission is demanded, shall remain in the institution pending the examination of the district court. In case that the district court refuses the extension, and in the event that the magistrate at the district court is to give notice of a higher appeal against the decision, the person concerned shall then remain in the institution, pending the examination of the court of justice. The decisions that have been taken by the district court on the basis of this article can provisionally be executed. The documents that are required for admission in a working colony and the legal decisions are exempted from duty-stamps. The designation of the in the first paragraph mentioned working colonies and everything that is further required for an implementation of this article shall be regulated by government ordinance. (RO. 137a; S. 36-160,* pg. 1577.)
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Article 235 (1) When someone is missing, or has left his abode, without arranging a proper care over his goods, every police functionary would then be obliged, and every person concerned be authorized to immediately report this to the chairman of the district court, who in that case shall be obliged to immediately, accompanied by the reporter, go to the house of the missing or absent person, and by sealing off or other appropriate measures see to it that nothing can be taken away from the property that has been left unattended. (Bw. 473v.) The official report that shall be made concerning this action shall be submitted by the chairman, in the next district court session, which court shall, in the event that it appears that such must be provided, temporarily leave the property in the management of the property-master, or an other such college as shall or has thereto been declared authorized. (IR. 236; S. 1832-7.) In the event that it concerns a property which, because of prevailing regulations relevant thereto, can not be managed by mentioned colleges, provisions shall then be made that it is managed in such a manner, as considered to be most profitable to the persons concerned. The district court is also authorized to leave the management of the property, because of the scantiness thereof, to the appointed blood- or akin-relatives appointed by it or to the spouse of the missing or absent person with the sole obligation that these goods or the value thereof, without any yields or income and with a deduction of in the meantime paid debts, be returned to the missing or absent person, when he is to return.
(2)
(3)
(4)
Civil Procedure Code Halaman 51 (5) With a prevention of the chairman, the actions as described in the first paragraph of this article can be carried by the registrar of the district court, or by any other functionary who has thereto been authorized by the chairman, who, within twenty-four hours upon the completion thereof, shall submit the by him prepared official report to the chairman. Article 235 is declared as having been annulled by article VI of S. 31-53 related to 37-116, article II sub-paragraph B, by which article 236 has also been revised. Mentioned S. are not yet admitted. See top of pg. 366. Article 236 (1) (Gew. S. 36-81 related to 159.) The decisions of the district court that have been taken pursuant to articles 231, 232, 234, 234a and 235 are susceptible to higher appeal at the court of justice. This appeal is open within thirty days from the date of the decision and shall be recorded in the manner as stipulated with regard to sentences of the district court. The court of justice takes decisions without any form of process. (RO. 136v.; Bw. 443.) (Toeg. S. 39-715, gew. 41-31 relevant to 98.) The decisions that have been taken pursuant to articles 234, 234a and 235 shall be executed by or at the order of the official as mentioned in article 325 first paragraph.
(2)
Article 236a (Ing. S. 37-116, iwg. 1 Apr. '37.) At the request of the heirs collectively or of ex spouses the district court shall, also outside a dispute, render its cooperation in effecting a division of an estate between Indonesians of any religion, and the drawing up of the relevant deed.
Halaman 52
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / IX. The Administration of Justice In Civil Cases, Which Belong To The Cognizance of The Courts of Law / 00-09-07, 7. ADMISSION OF FREE OF CHARGE LITIGATION
Indonesian
Chapter:
IX. THE ADMINISTRATION OF JUSTICE IN CIVIL CASES, WHICH BELONG TO THE COGNIZANCE OF THE COURTS OF LAW 7. ADMISSION OF FREE OF CHARGE LITIGATION 237-245 Article 237
Section: Article:
Such persons, who wish to appear in legal proceedings as claimants or as defendants, but who are without means to cover the proceeding cost, can obtain permission to litigate without any charges. (RO. 72; Rv. 872v.; T. XXXI-320.) Article 238 (1) In the event that the claimant wishes an admission, he shall make an application to that end at the time of submitting his petition, or at the verbal presentation of his claim, as described by articles 118 and 120. In the event that the admission is being desired by the defendant, this shall then be applied for at the time of submitting his answer, as mentioned in article 121. The application must in both cases be accompanied by a written evidence of impecuniousness, issued by a head of police of the place of domicile of the requesters, containing a statement of mentioned functionary, that after a made investigation, the financial insolvency of the requesters has become fully evident to him. (Rv. 875; IR. 240; Not. 8.) Article 239 (1) On the day of appearance in court, it shall first and prior to everything else be decided by the district court, whether or not the request for a charge-free proceeding shall be admitted. (IR. 130v., 241.) The opposing party of the requester can resist the admission, both (either) by at first (at the outset) giving evidence of the complete groundlessness of the claim or defense of the requesters, or by demonstrating that the party can pay the costs of the trial. The district court can on one or another of those grounds also officially decline the request that has been made. (Rv. 879v.) Penelitian Hukum Indonesian - Hak Cipta 2003
(2)
(3)
(2)
(3)
Halaman 53
The orphans'- and estate-chambers shall similarly and without submission of an evidence of impecuniousness be admitted to, both in the capacity as claimant and defendant, appear charge-free in court, when the estate, for which they appear, or the means of the person whom the represent, at the time that the legal claim is submitted, are insufficient to therefrom pay the presumed required trial costs. The orphans'- and estate-chambers shall, at their request for admission to litigate free of charge, have to present a brief account of the relevant estate for inspection by the judge. (Bw. 415; Rv. 891v.) Article 241
(2)
The pronouncements of the district courts concerning the admission of a free-of-charge litigation, are not subject to higher appeal nor to another provision. (Rv. 892.) Article 242 (1) The request for a free-of-charge litigation in higher appeal, must under presentation of an evidence of impecuniousness, as mentioned in the third paragraph of article 238, be made verbally or in writing to the registrar of the district court, which in the first instance has pronounced a sentence: by the person who wishes to go in higher appeal, within fourteen days from the day of the pronouncement or from the notice, as mentioned in article 179, by the other party within fourteen days from the notice of the appeal, or from the notice as mentioned in the last paragraph of this article. The registrar shall keep a record of the request in the by article 191 mentioned register. The chairman shall arrange that the opposing party is given notice of the request and shall arrange that the parties are summoned to appear before him. Article 243 The request shall, upon non-appearance of the requester, be considered as nullified. The chairman shall at that time hear the requester and the opposing party, in the event that they have appeared. Article 244 (Gew. S. 37-631.) The official report of the hearing with the documents relevant to the case, the official report of the trial, an authentic copy of the sentence and an extract of the in the register made notation of the request for a free-of-charge litigation shall be forwarded by the registrar of the district court to the court of justice in Jakarta. (RO. 128.) Article 245
(2)
(3)
Civil Procedure Code Halaman 54 (1) The court of justice shall make a pronouncement without forms or bargaining terms and solely upon the documents. On one or other of the grounds, mentioned in the second paragraph of article 239, the court can also officially decline the request. (2) The registrar of the court of justice shall as soon as possible forward an authentic copy of the sentence of the court, together with the in the previous article mentioned documents, to the chairman of the district court, who shall arrange that a notice is served to the parties in the manner as mentioned in article 194.
Halaman 55
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / XV. Various Stipulations
Civil Procedure Code / HIR (REVISED INDONESIAN REGULATION) / XV. Various Stipulations / 00-15-00, NOT STATED
Indonesian
Chapter: Section: Article:
XV1(10). VARIOUS STIPULATIONS 372-394 Article 372
(1)
The chairmen of judicial councils have the responsibility in leading the investigation at court sessions and of the deliberation. They are also entrusted with the care for the maintenance of good order at the court sessions; all what to that end shall be ordered by them shall accurately and immediately be carried out. (RO. 46; Rv. 29; Sv. 126, 161, 254; IR. 268, 373; Rbg. 700.)
(2)
Article 373 Persons who during the court session disturb the silence, or who are giving signs of approval or disapproval, or also in any manner are stirring up noise or commotion, and who upon the first warning do not immediately keep silent, shall at the order of the chairman be sent out; everything subject to judicial prosecution, in the event that they should make themselves guilty of a punishable incidence. (Rv. 22; Sv. 255v.; Sw. 217; Rbg. 701.) Article 374 (1) No judge may take cognizance of a lawsuit in which, either directly or indirectly, he has a personal interest, or in which his wife, or one of his blood relatives or relatives by marriage, in the direct line without exception, and in the collateral line to the fourth grade included, is involved. The judge, who finds himself in such a case of exclusion, shall be obliged to at his own intent, without it being necessary that to that end a request is made by the person concerned, to refrain himself from taking cognizance of the case. The council shall decide in the event of doubt or difference. No provision whatsoever shall be admitted against the pronouncement. (RO. 35v., 40, 44; Sv. 127, 268, 281; Rbg. 702.) Penelitian Hukum Indonesian - Hak Cipta 2003
(2)
(3)
Halaman 56
Of all orders for release of a suspect or accused, who is being kept in confinement, shall by the authority who has issued the order, directly - if necessary by telegraph - information be given to the authority who shall be charged with the execution thereof, who immediately upon receipt of that information must release or order the release of the person concerned, unless that he has to remain in confinement for other reasons. (RBg. 703.)
Article 376 The authorization as mentioned in article 82 of the Penal Code, shall be issued by the in article 325, paragraph (1), mentioned official to whom the written receipt from the official authorized to receive payment must be handed over by the accused, within the time that shall be determined in the authorization. Article 377 So far as Indonesians and Foreign Easterners would wish to submit their disputes to the pronouncement of compromisers, they shall in that connection have to act according to the rules of the European judicature. (Rv. 615v.; Rbg. 705.)
Article 378 Every person convicted to a sentence shall also be liable to pay the costs of the lawsuit. Only in case of a total acquittal or of a discharge from prosecution, the costs shall be borne by the State. (Sv. 411; IR. 181, 237v., 319-5, 333; Rbg. 706; Bb. 24, 376, 657, 2446, 4123.) Article 379 The salaries and compensations owed to practicians, advisers or counsels for the defense and proxies may not be included in the costs of the conviction, but shall always remain to be for the account of the party who had himself assisted or represented by such a person. (Rv. 59, 788; Sv. 412; IR. 123, 182, 254, 346; Rbg. 707.) Article 380 (1) Indonesian rulers, high administrators and regents, as long as they have not resigned as such or been dismissed from their function, may not be summoned before the judge as witnesses, without a prior authorization of or in the name of the Governor-General. A similar authorization shall also be required for the summoning as witnesses before the judge of the legal wives and feminine blood- and akin-relatives up to and including the second grade of the persons mentioned in the previous paragraph.
(2)
Civil Procedure Code Halaman 57 (3) In the event that the authorization is not granted, the aforementioned persons shall then to that end be requested in writing to permit the district attorney, accompanied by the registrar and the Moslem leader to come to them in order to obtain their testimony and put this in writing. (4) The stipulations contained in article 259 of this regulation concerning the reading out and legal force of written testimonies are in this applicable. (ISR. 140; Ov. 5; RO. 4; Rv. 9, 210; Sv. 414; Rbg. 708; Bb. 1188.)
Article 381 (1) When the judge orders that Indonesians or Foreign Easterners shall take the oath in the temple or at any other sacred regarded place, he shall then postpone the handling of the case to a further by him determined court day. The chairman shall in that event appoint one of the members of the court council to, as commissioner, together with the registrar, be present at the taking of the oath and make a written report thereof. (Rv. 210; Sv. 415; IR. 155v., 158m Rbg. 709.) Article 382 All arrests, sentences and judicial writs in penal cases shall in the heading bring the words : "In the name of the King". (ISR. 130; RO. 27; Sv. 416; Rbg. 710; T. XI-267; S. 91-188.) Article 383 The sentences must always remain in the archive of the court council and may not be moved to other places other than in the events and in the manner provided by the legal stipulations. (RO. 67, 69; Sv. 417; IR. 112; Rbg. 711.)
(2)
Article 384 (1) The registrars are obliged to keep a general register of all penal cases, which have come in for trial by the court council at which they have been appointed. In that register records must be made of the names of the accused persons, of the crimes or offenses they have been charged with, of the day on which the cases have been brought to court and when the sentence was pronounced, whereby the contents of which shall be made as brief as possible. The registrars at district courts are obliged to keep a similar register on the civil cases. Mention must be made in the register on penal cases of the granted pardon or diminution of sentences. (RO. 65; Sv. 418; Rbg. 712.) Article 385
(2)
(3)
(4)
Civil Procedure Code Halaman 58 No copies or summaries of sentences asserted in penal cases shall be issued to persons who have not been a party in the case, without an authorization of the chairman of the council, who has passed the sentence, and the request for that purpose shall only be accepted upon the evidence that the requester has an interest in the case. (RO. 67; Rv. 65, 853, 856, 858; Sv. 419; IR. 386v; Rbg. 713.) Article 386 The accuseds of crime or offense may at their own cost make or arrange to make copies of all such documents of the lawsuit that has been made against them, as they deem necessary for their defense. (IR. 385; Rbg. 714.)
Article 387 The registrars, who fail to punctually follow the stipulations contained in the first paragraph of article 192, the third paragraph of article 324 and in article 352 of this regulation and in article 290 of the regulation on penal claims, shall for every negligence forfeit a fine of not more than ten guilders. (Sv. 421; Rbg. 715.) Article 388 (1) The at the judicial councils appointed writ-servers and messengers, and the servants of the public force are equally authorized and responsible for the serving of subpoenas, citations, legal notices and all other writs, including those for the execution of the judicial orders and sentences. In the absence of these persons, the chairman of the judicial council in whose jurisdiction the writ must be served shall then appoint a suitable and reliable person to do this. (RO. 193v., 205; Rv. 1; Sv. 422; IR. 165-3, 389; Rbg. 716; S. 95-204* in notation on RO. 193.) Article 389 The writ-servers at the district courts in Jakarta, Semarang and Surabaya must give proof of the by them served writs by written narrations. The writ-servers at the other district courts, and all other persons commissioned with the serving of writs by the Indonesian courts of law and tribunals may if necessary suffice with making a verbal report to the judge or other official to whom they must narrate this, who shall keep or order to keep a record of the by them served notices, summons and other writs. (RO. 198, 204; Sv. 423; IR. 388; Rbg. 717; Bb. 2921, 5493, summons of military and at the army employed civil persons.) Article 390 (1) Each writ must subject to the hereafter mentioned exceptions be served directly to the person concerned at his place of domicile or stay and, in the event that he is not encountered there, to the village head or the wardmaster, who shall be obliged to as soon as possible notify him of the writ, however without that the latter needs to be legally proven.
(2)
Civil Procedure Code Halaman 59 (2) The writ shall with regard to deceased persons be served to the heirs; as far as these are unknown, to the village head or the wardmaster of the last place of stay in Indonesia of the deceased, who shall deal with it as stipulated in the foregoing paragraph. In the event that the deceased belongs to the Foreign Easterners, the writ shall then by registered mail be made known to the orphans' chamber. (3) (Gew. S. 39-715.) With regard to persons, whose places of domicile or stay are unknown, and with regard to unknown persons, the writ shall be served to the regent, in whose jurisdiction the place of stay of the claimants is located and, in penal cases, within whose jurisdiction the competent judge is settled; the regent announces the writ by sticking it onto the door of the main entrance to the audience-chamber of the competent judge. (Rbg. 718.) Article 391 The day, on which the terms of time determined in this regulation commence, shall in the calculation thereof not be included. (Rv. 15; Sv. 424; Rbg. 719.) Article 392 (1) The both in civil- as in penal-cases summoned and appeared witnesses, either in or outside the court session, are entitled to a compensation for travel- and lodging-costs, according to the standing or later to be determined tariffs. The judges and officials of the judicial police shall inform the before them appeared witnesses of the amount of the compensation to which they are entitled. (IR. 62, 105, 139, 258, 265, 287; Rbg. 720.) Article 393 (1) In the administration of justice before Indonesian courts of law no additional or other forms shall be observed than those, which have been described by this regulation. It however remains reserved for the Governor-General, when the absolute necessity of such a measure may have been proven through experience, for the district courts in Jakarta, Semarang and Surabaya, and for such other district courts with regard to which the same necessity is found to exist, after having consulted the supreme court in Indonesia, for as much as it concerns the administration of justice in civil cases, to still determine other stipulations which more conform the rules of legal claims for the European courts of law. (Rbg. 721.)
(2)
(2)
Article 394 In the event that the supreme court in Indonesia expediently decides that, in order to ensure the regular working and the proper observance of the stipulations of this regulation, a local inspection needs to be arranged, it shall for that purpose make a written proposal to the Governor-General. (RO. 157; Rbg. 722.)
Halaman 60
Endnotes 1 (Popup - Popup)

What is printed in italic print is applicable in the gvtsl. v.av. Mad., S. 31-168 jo. 123.
2 (Popup - Popup)
3 (Popup - Popup)
4 (Popup - Popup)
Pursuant to Inv. Sw. 3 the last passage of the sentence : "and in a fine not exceeding twenty-five guilders" is canceled.
5 (Popup - Popup)
Pursuant to Inv. Sw. 3 the passage: "and above that in a fine that shall not exceed fifty guilders" is canceled.
6 (Popup - Popup)
1
What is printed in italic print is applicable in the gvtsl. v. Jav. Mad., S. 31-168 jo. 423.
7 (Popup - Popup)
1
This paragraph has been added to S. 13-440. Article II of that S. stipulates that the Governor-General shall regulate the implementation of the stipulation in the added paragraph in the various provinces or parts of the provinces with an observance of the existing opportunity for an implementation thereof.
8 (Popup - Popup)
2
In the gvtsl. of Java Madura the resident: S. 25-433 relevant to 39-288. In the Principalities S. 28-241. See pg. 227-233.
9 (Popup - Popup)
2
In the gvtsl. of Java Madura the resident: S. 25-433 relevant to 39-288. In the Principalities S. 28-241. See pg. 227-233.
10 (Popup - Popup)
1
Before the announcement of the text of the Indon. Regulation in S. 26-559 (see pg. 1723 under heading) this was the Sixteenth Title.

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Civil Procedure Code