Proses dan Tahapan Pendaftaran Perkara ke Pengadilan

Summary

This guide outlines the steps to follow when filing a lawsuit or legal petition in court. It covers the process of case registration, from gathering necessary information, to submitting the lawsuit, paying court fees, and submitting required documents. It also explains options for those who cannot afford the fees and how they can apply for a fee waiver. The script emphasizes the importance of following each step carefully to ensure that the case is properly filed and moves forward smoothly, with hopes of a favorable outcome by the court.

Takeaways

• 😀 Before filing a lawsuit, gather information about the court process either by visiting the court, calling, or checking the court's website.
• 😀 Make sure to identify the correct court for filing your case and visit it with the necessary documents and lawsuit details.
• 😀 If you have a legal representative, they can file the lawsuit on your behalf, but you may also file the case verbally if you have visual impairments or are illiterate.
• 😀 Submit the lawsuit or application to the court clerk, along with at least two copies of the lawsuit and a list of defendants.
• 😀 After submission, pay the court fee; if you cannot afford it, you can apply for a waiver with proof of financial incapacity.
• 😀 The court may waive fees for those unable to pay, provided they submit proof from a local authority, such as a village head or subdistrict head.
• 😀 The arbitration fees and costs are determined based on the distance between the court and the defendant's residence, and they cover various court-related processes.
• 😀 Pay the court fees at the bank by using a power of attorney to pay, ensuring you keep the validated bank slip as proof of payment.
• 😀 After paying the fees, return the validated slip and the power of attorney to the court for confirmation and to receive your case number.
• 😀 The court will assign a panel of judges and a trial date within 1-2 days after your case is registered. A summons will be issued and must be delivered to the defendant's address.
• 😀 On the trial date, ensure that all parties attend the hearing, and the court will call each party in the order of attendance.

Q & A

What is the first step in filing a lawsuit at court?

The first step is to gather information about the process of filing a lawsuit. This can be done by visiting the information desk at the court, calling, or checking the website or nearby Legal Aid Institutions (LBH).

Can a legal representative file a lawsuit on behalf of someone?

Yes, if you use a legal representative, they can file the lawsuit or application on your behalf.

What should a litigant do after confirming the correct court for their case?

Once the correct court is confirmed, the litigant should go to court with their lawsuit or application to proceed with registration.

Can people with visual impairments or illiteracy file a lawsuit?

Yes, individuals with visual impairments or illiteracy can file a lawsuit verbally in front of the court chairman.

What is required to register a case at the court?

The litigant must submit the lawsuit or application to the first desk clerk with at least two copies: one for the lawsuit and one for the defendant.

How is the court fee paid when registering a lawsuit?

After submitting the lawsuit or application, the officer will estimate the court fee. If the litigant cannot afford the fee, they can apply for a fee exemption by submitting a certificate from the village head or local authority.

What if a litigant cannot afford the court fees?

Litigants who cannot afford the court fees may apply for a fee exemption, and if granted, they can proceed with litigation without paying the standard fees.

What is the purpose of the 'Panjar' in the lawsuit process?

The 'Panjar' refers to the advance deposit or down payment for the court fees, which is calculated based on the case. It must be paid before the case can proceed.

How does the payment of the court fee proceed after registration?

After the registration, the litigant submits the payment slip to the bank, then returns the validated receipt to the court for final processing.

How is the court fee calculated for each case?

The court fee is determined by the court based on the radius from the litigant’s domicile to the court, and may vary depending on the case type.

What happens after the litigant submits the lawsuit and pays the fees?

Once the lawsuit is submitted and the fees are paid, the litigant receives a case number and waits for the court to set a trial date, typically within one to two days.

What happens if a defendant cannot be reached for a court summons?

If the defendant cannot be reached at their residence, the bailiff will entrust the summons to the village head or neighbors for delivery.

What is expected on the day of the trial?

On the trial day, both parties must attend the court session. The litigants will be called into the courtroom in the order determined by the court.