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REGULATION OF THE SUPREME COURT OF THE REPUBLIC OF INDONESIA NUMBER 3 OF 2018 CONCERNING ELECTRONIC CASE ADMINISTRATION

Registration of lawsuit can now be done more easily. Like other developed countries, currently Indonesia also has an e-court application that is made to make it easier for parties to register a lawsuit in court. This was initiated by the Chairman of the Supreme Court of the Republic of Indonesia by issuing Regulation of the Supreme Court of the Republic of Indonesia Number 3 of 2018 concerning Electronic Case Administration (“Supreme Court Regulation No. 3/2018”). Supreme Court Regulation No. 3/2018 regulates a series of processes for claims/ lawsuit registration, response, rebuttal, surrebutal and conclusions, management, submission and storage of civil/ religious/military/state administrative documents using an electronic system that applies in each court environment (“Electronic Administration”).1

First, this Electronic Administration service can be used by lawyers and registered individuals.2 The registration is done through the Court Information System3 by completing: (i) KTP; (ii) Advocate membership card; and (iii) Evidence of jurat of affidavit by the high court;4 for registrants who are advocates. For individual registrants, the procedures and completeness of the documents have not been further regulated in this regulation and will be regulated in the Decree of the Head of the Supreme Court. Prospective applicants will be charged court fees according to the estimation. If all registration requirements have been fulfilled, the registration will be verified by registrar of the court.

Third, Supreme Court Regulation No. 3/2018 regulates the process of announcing court decisions. At this stage, the court will issue a copy of the decision/determination electronically. to be sent to the parties no later than 14 (fourteen) days after the decision is read or 7 (seven) days after the decision/determination, specifically for the bankruptcy decision and the postponement of the debt settlement obligation.

In this Electronic Administration system, case registration and all the information recording are performed by the registrar of the court in the information system provided by the Supreme Court (“Court Information System”).8 The registrar of the court no longer need to record all the information manually.9 Supreme Court Regulation No. 3/2018 also stipulates that information on cases stated in the Court Information System has the same legal force as the case registration book.10

Along with the issuance of Supreme Court Regulation No. 3/2018, the parties are expected to follow the Electronic Administration procedures provided by the Supreme Court. The Supreme Court has also issued the Decree of the Chairperson of the Supreme Court of the Republic of Indonesia number 122/KMA/SK/VII/2018 concerning Guidelines for Governance of Registered Users of the Court Information System, for further regulations related to Supreme Court Regulation No. 3/2018. Thus, this new regulations expected to be able to assist and facilitate the disputing parties to deliver and access all information related to the trial process.

1. Article 1 point 5 Supreme Court Regulation No. 3/2018; 2. Article 4 paragraph (1) Supreme Court Regulation No. 3/2018; 3. Article 4 paragraph (4) Supreme Court Regulation No. 3/2018; 4. Article 4 paragraph (3) Supreme Court Regulation No. 3/2018; 5. Article 12 paragraph (1) point a and b Supreme Court Regulation No. 3/2018; 6. Article 12 paragraph (1) point c Supreme Court Regulation No. 3/2018; 7. Article 1 number 3 Supreme Court Regulation No. 3/2018; 8. Article 19 paragraph (1) Supreme Court Regulation No. 3/2018; 9. Article 20 Supreme Court Regulation No. 3/2018; 10. Article 19 paragraph (2) Supreme Court Regulation No. 3/2018.

KBA/FDH/HE