Hukum acara perdata: tahapan sidang di pengadilan menurut HIR

Summary

The speaker discusses the stages of civil court proceedings in Indonesia, covering everything from filing a lawsuit to the final decision. The presentation emphasizes key legal articles and processes, such as the importance of correctly submitting a lawsuit, the possibility of oral or written claims, and the role of mediations. The speaker also outlines the duties of the judge in ensuring fairness, the options for appeal, and various legal mechanisms like reconvention and evidence presentation. The video aims to help students understand and memorize the essential steps and legal references for civil litigation.

Takeaways

• 📜 Civil cases in Indonesia start with identifying the type of dispute, which can include wrongful acts or breaches of contract, under relevant laws like Article 1365 for wrongful acts and Article 1234 for contracts.
• 📝 The lawsuit can be filed orally (Article 120) or in writing (Articles 118 and 119). For those who are illiterate, oral submission is allowed, and court clerks will document it.
• 🏛️ The court assigns a hearing date after filing, and parties involved are summoned with adequate notice, usually at least three days prior to the hearing (Articles 121 and 122).
• 🚫 If the plaintiff does not appear in court, the case may be dismissed (Article 124). Conversely, if the defendant fails to appear, a default judgment (verstek) may be issued (Article 125), though the judge may postpone the case (Article 126).
• ⚖️ Both parties may be represented by attorneys, as permitted under Article 123. If both parties are present, the judge must attempt to mediate a settlement (Article 130).
• 🤝 If the mediation results in a settlement, the judge can issue a decision based on this agreement. If mediation fails, the case proceeds with the plaintiff presenting their claim.
• 📖 During the proceedings, the defendant may respond, object, or counterclaim (Articles 133-136). The first response is crucial as it may include objections or counterclaims.
• 🔍 Both parties must present evidence, with the burden of proof typically resting on the plaintiff. Failure to provide convincing evidence can lead to dismissal (Article 164).
• 👨‍⚖️ After evidence submission, the court may request a summary from each party. Judges deliberate on the case and make a decision in private sessions, guided by the law (Article 178).
• 📅 If unsatisfied with the verdict, parties have 14 days to appeal. If no appeal is filed, the verdict becomes legally binding.

Q & A

What are the initial steps in a civil litigation process in Indonesia?

The initial step is identifying a civil dispute, either for unlawful acts (PMH) under Article 1365 of the Civil Code or breach of contract (wanprestasi) under Article 1234. The plaintiff must then file a lawsuit in the appropriate district court, as outlined in Article 118 of the HIR (Herziene Indonesisch Reglement). Filing in the wrong court can result in serious consequences.

How can a lawsuit be filed in Indonesian civil court?

A lawsuit can be filed either verbally (Article 120 HIR) for those who are illiterate, in which case the court clerk will record the claim, or in writing (Articles 118 and 119 HIR). The written lawsuit must include the identities of the parties, the basis of the claim (posita), and the relief sought (petitum).

What happens after the lawsuit is filed?

After filing, the court will schedule a hearing (Article 121 HIR). Both parties involved in the dispute are summoned by the court in accordance with Article 122 HIR. The summons must be delivered directly to the individuals concerned at least three days before the hearing.

What are the consequences if the plaintiff or defendant does not appear in court?

If the plaintiff fails to appear despite a proper summons, the lawsuit is dismissed (Article 124 HIR). If the defendant fails to appear, the court may issue a default judgment (verstek) in favor of the plaintiff under Article 125 HIR, though the judge has discretion to reschedule the hearing (Article 126 HIR).

Can parties represent themselves in civil litigation, or must they have legal counsel?

Parties in civil cases may represent themselves (in person) or appoint legal counsel. This is allowed under Article 123 HIR, and the legal representative could be a lawyer or an incidental proxy.

What is the role of the judge in encouraging settlements during civil litigation?

If both parties appear in court, the judge is obligated to attempt a settlement (Article 130 HIR). The judge must provide advice on reaching a peaceful resolution, and failure to do so could result in the court’s decision being annulled.

What happens if the parties reach a settlement during mediation?

If mediation leads to a settlement, the judge will issue a decision based on the settlement agreement, and this decision will have the same legal force as a court ruling (eksekutorial). If no settlement is reached, the case proceeds with the lawsuit being read.

What are the phases of evidence submission in Indonesian civil court?

After pleadings are completed (including replies and counter-replies), the parties move on to the evidence stage. The burden of proof typically falls on the plaintiff, as they are the one making the claim. If they fail to prove their case, they will lose. According to Article 164 HIR, types of evidence include written documents, witness testimony, presumptions, confessions, and oaths.

What is the significance of the plaintiff's burden of proof in civil litigation?

The plaintiff must prove their claims, but even if they succeed in presenting evidence, it does not guarantee a win. This is because the defendant can challenge the evidence or provide counter-evidence. Therefore, the strength of the plaintiff's case depends not just on their proof but also on how it stands up to opposition.

How does the judge issue a final verdict in a civil case?

Once the evidence phase is complete, the judge will deliberate with other judges in a 'raadkamer' or judges’ council to discuss and decide the case (Article 178 HIR). The judge’s ruling must not exceed the relief requested by the plaintiff (ultra petita) and must be based on the facts presented in court.

What options do the parties have if they are dissatisfied with the court's decision?

If either party is dissatisfied with the court’s decision, they have 14 days to file an appeal (upaya hukum) after the verdict is issued. If no appeal is filed within this time frame, the decision becomes legally binding (inkracht van gewijsde).