8/17/2019 Appeals in Indonesian Courts

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Appeals in Indonesian Courts

In high court

An appeal can be lodged against a District court’s decision at the high court. If the

parties accept the district’s court judgment or no appeal is lodged within specified time

limit, the district court judgment becomes final, binding and erforceable.

The appeellant lodges an appeal by signing a deen of appeal (akta banding) at the

district cout which rendered the decision. The appellant may also submit a statement of 

appeal (memori banding), which sets out the reason for the appeal. The respondent to

the appeal may file a counter statement (kontra memori banding).

A high court rarely conenes a court trial in order to render its decision on appeal. It will

usually reiew the case based on the written submissions made by parties. A high court

may ta!e three months to si" months to reach a decision.

In supreme court

The parties may file for cassation at the supreme court against the judgment of the high

court. If no cassation is lodged, or the parties accept the high court’s decision, the

decision of the high court becomes final, binding and enforeable.

The appelant must submit a cassation statement (memori kasasi ), which is a document

containing the grounds for appeal, within fourteen days after the application is lodged.

The respondent may submit counter statement (kontra memori kasasi ) within fourteen

days after it receies the cassation statement.

The supreme court currently has an insufficient number of judges in relation to the

number of cases registered, causing significant delays of up to one to two years inobtaining a supreme court decision.

a restrictie and special legal remedy against the supreme court’s decision on cassation

is a ciil reiew (re#uest ciil or  peninjauan kembali ). The supreme court’s decision is

neertheless final, binding and enforceable.