Civil Code is a legacy of the Dutch colonial. That law is a duplication of the French law which was created by Napoleon Bonaparte when he was riding a horse in the early 1800s. Now the law is still used in Indonesia.
"I registered with a civil lawsuit in court in February 2014 and started a new session in January 2015 and the verdict of the District Court in May 2016," said legal practitioners Rusdianto while talking to AFP on Sunday (11/20/2016).
Why a civil lawsuit can be very long? After some investigation, the court still fixated on Herzien Inlandsch Reglement (HIR) later called the Book of the Law of Civil Law (Civil Code). See the simulation below how slow judicial trial in Indonesia according to the Civil Code and the practice:
A. Registration and Call Session
Plaintiff filed a petition to the South Jakarta District Court (PN South Jakarta) with eight people who sued. Eight defendants were in four different towns.
Calls are sent from South Jakarta District Court to place the destination PN. From PN intended to defendant.
Related PN notify the South Jakarta District Court that plaintiffs have been invited properly.
In the process of this calling, in practice takes 5 weeks. When the defendant the address is not known, it must be published in the print media with a deadline of 3 months.
B. Session Prime
1-8 Defendant was not present. The hearing was adjourned. The call was repeated again for 5 weeks.
The second trial, the defendant only one who came. The trial was again delayed for 5 weeks.
The third trial was held, the defendant 2-8 come but suddenly one defendant who did not come. The trial was again delayed for 5 weeks.
The new fourth session of all parties to come. The time needed totol 15 weeks, or about 4 months.
C. The trial in District Court
Assembly ordered mediation because if there is no mediation, the decision null and void. Mediation takes 30 days.
If mediation fails, the assembly enters the principal case with the length of time is generally 8 months.
Session increasingly complicated in case of change of the assembly grounds that one judge moved the task.
Decision diketok without the presence of the defendant. Plaintiffs win. The verdict will be sent to the 8 defendants and take as long as 2 to 3 months to the hands of the defendant as a mechanism subpoena.
After receiving the verdict, the plaintiff was given 14 days to make a memorandum of appeal. Memorandum of appeal was sent to the South Jakarta District Court and forwarded to the Jakarta High Court.
D. Appeal Process
The upper house will examine and adjudicate in the process of around 4 to 5 months.
Decision typed and sent to the plaintiff and the defendant through the South Jakarta District Court and forwarded to the defendant PN. Take 2 to 3 months.
Defendants were given 14 days to appeal.
E. Appeal Process
The parties made a cassation through South Jakarta District Court. From the South Jakarta District Court to the Supreme Court takes at least 3 months.
Perkaara appeal panel prosecute and decide for 6 to 8 months.
After the decision diketok, within 2 to 3 weeks MA announced on the website.
MA typing Clerk's decision was for approximately 6 months. Typing takes the reason thousands of files accumulate.
After the decision was completed and sent to the South Jakarta District Court of South Jakarta District Court sent to the parties.
F. Process Execution
Plaintiffs filed the petition.
Defendants 1-8 called again like the first trial call and take 4 months.
Chairman of the court issued a determination of execution / aamaning.
The execution process more complicated when there is a third party filed a resistance to the establishment of anmaning. Civil law in this resistance as a new civil trial process. Starting from 0 again.
Execution cost much.
With the rhythm of the above, it is a civil case could take five years to be executed. MA has been trying to change the law in the event on protracted but the knock Act.
"I understand the Supreme Court of the Republic of Indonesia (MA RI) has long wanted to change the hearing system of civil appropriate development of information technology (IT), but the desire is hampered by the provisions of HIR, which until now has not been replaced by the law of a new event," said justices Syamsul Maarif ,
With the lengthy process of civil law, does not make investors think twice to do business in Indonesia?