CIVIL PROCEDURE

118 HIR

Jurisdiction
Jurisdiction refers to the scope and limits
of a courts power to adjudicate a case.
It depends on :
the (type) case and geographical area/
domicilie
09/28/16

civilprocedure_dL

Absolute Jurisdiction
TERM
Kompetensi absolut / absolut
competence/ original juridiction /
attributie van rechtsmacht

09/28/16

civilprocedure_dL

Absolute Jurisdiction
The authority of a court based on the
type of the case/ dispute
Art . 134 HIR/ 160 Rbg

09/28/16

civilprocedure_dL

Relative Jurisdiction
TERM :
Kompetensi relatif/ relative
competence/ distributie van
rechtsmacht

09/28/16

civilprocedure_dL

Relative Jurisdiction
The authority of a court within the
same branch of the judicature but in
different geographical area.
It depends on domicilie.
Art 118 (1) HIR/ 142 (1) Rbg
Principle: Actor Sequitur Forum Rei
09/28/16

civilprocedure_dL

118 (1) HIR

Art 118 (1) HIR/ 142 (1) Rbg :
1. Relative jurisdiction
2. How to submit a civil lawsuit
3. Legal representation

09/28/16

civilprocedure_dL

118 HIR
(1) The lawsuit must be submitted
into the District Court in jurisdiction
of defendants domicilie
(Actor Sequitur Forum Rei)

09/28/16

civilprocedure_dL

118 HIR
(2) If there are multiple defendants who are not
domiciliaries in same District Court jurisdiction,
then the venue is proper in jurisdiction of at
least one of defendants domicilie which may be
chossen by plaintiff.
but if there some defendants are primary
obligors, plaintiff must choose venue from
among domicilie of primary obligor.
09/28/16

civilprocedure_dL

118 HIR
(3) if defendants domicilie are unknown,
civil lawsuit must be submitted into
jurisdiction where the plaintiff is domiciled
or if subject matter of disputes involves
immovable good, civil lawsuit must be
submitted to jurisdiction where
immovable goods are located (Forum rei
sitae).
09/28/16

civilprocedure_dL

10

118 HIR
(4) civil lawsuit may be submitted to
selected venue that parties has been
choosen on their contract.
(choice of venue)

09/28/16

civilprocedure_dL

11

2. HOW TO SUBMIT LAW SUIT

Oral ( for illiterate)

120 HIR/ 144 (1) Rbg
Written

09/28/16

civilprocedure_dL

12

3. LEGAL REPRESENTATION
How to appear before the court?
partij materiil
(without represented)
partij formil
(with represented)
Art 123 (1) HIR.

09/28/16

civilprocedure_dL

13

Procedure
Divided into 2 basic ways:
Administrative
Judicial

09/28/16

civilprocedure_dL

14

Administrative
PLAINTIFF SIDE :
Submit the civil lawsuit/ application;
Pay the court fees; (persekot/ down
payment)
Receive the receipt of the court fees

09/28/16

civilprocedure_dL

15

Administrative
COURT SIDE:
The registrar receive the lawsuit/ application and will
give a case registration number
The registrar will provide notice about the case to the
Chief of the Distric Court
The Chief of the district court will decide the panel of
judges
The Panel of judges will decide the first court session
The registrar will provide notice to parties (for lawsuit).
09/28/16

civilprocedure_dL

16

Administrative
4 administrative documents:
1. Court order/ court award requiring first
court session
2. Court notice
3. Court transcrip of notice (relass)
4. Case list (roll)
09/28/16

civilprocedure_dL

17

Administrative
Requirements of court notice :
1. must be filed directly to the parties by bailiff
2. the time between date of hearing and date of notice
may not be less than three working day
3. delegation (if the parties domicile are different with
the court jurisdiction the notice must be delegate.
(388, 389, 390 HIR)
Noted: syarat sah dan patut
09/28/16

civilprocedure_dL

18

Administrative
Bailiff provides:
1. Court notice
2. Relass
3. Copy of lawsuit

09/28/16

civilprocedure_dL

19

Judicial
4 sessions:
1. First day of court proceedings
2. Reply
3. Evidence
4. Court decision and the enforcement of
court decision
09/28/16

civilprocedure_dL

20

First day of court proceedings

1. If both parties (plaintiff and defendant) appears :
The panel of judges (ex officio) must provide
amicable settlement by mediation sessions which is
mandatory (Supreme Court Regulation (PERMA)
No 1/ 2008 and 130 HIR).
If the settlement/ mediation is succed , the amicable
settelement (akta van dading) will be made . The
statementss charateristic is final and binding and if
the settlement is failed, the court session will be
continued.
09/28/16

civilprocedure_dL

21

First day of court proceedings

2. Plaintiff appears Defendant fails to appear
The panel of judges will examine the relass
whether the court notice is legitimate or not (122
HIR) and the court session may adjourn
The registrar will provided notice to defendant
until the 3rd times (max), if defendant fails to
appear then the court may decide to examine the
case without defendants appearance . This may
lead to default judgment (verstek) (125 (1) HIR).
09/28/16

civilprocedure_dL

22

First day of court proceedings

3. Defendant appears Plaintiff fails to appear
The panel of judges will examine the relass
whether the court notice is legitimate or not
(122 HIR) and the court session may adjourn.
If the plaintiff fails to appears on the next
session, the lawsuit will discharged and the
plaintiff will be charged the court fees (124
HIR). This is not dismiss the plaintiffs right to
recommence its lawsuit.
09/28/16

civilprocedure_dL

23

First day of court proceedings

4. Both plaintiff and defendant fails to appear
The panel of judges will examine the relass
whether the court notice is legitimate or
not (122 HIR) and the court session may
adjourn.

09/28/16

civilprocedure_dL

24

Reply sessions
1.
2.
3.
4.

09/28/16

Defendant responses
Replik
Duplik
Conclusion/ closing arguments

civilprocedure_dL

25
25

Lawsuit

Application

Jurisdictie
contentieusa
Dispute
Bilateral/ min 2 sided
Judgments court
decisions
Note :
Bedakan : keputusan
putusan penetapan

09/28/16

civilprocedure_dL

Jurisdictie
voluntair
No dispute
Unilateral / one
sided
Judgments
court order
26