Jumat, Januari 27, 2012

Eligibility for Cassation and Review

Supreme Court Circular Letter No. 8 of 2011 on Cases that are Not Eligible for Cassation and Review (“Circular Letter”) was issued to re-affirm the requirements for filing requests for cassation and review. The Circular Letter is based on Law No. 14 of 1985 on the Supreme Court as amended by Law No. 5 of 2004 and Law No. 3 of 2009 (“Supreme Court Law”) as well as Law No. 8 of 1981 on Criminal Procedure (“Criminal Procedure Code”).

According to Section 1A of the Circular Letter, civil cases (general, religious, and state administration) are not eligible for cassation if:

a.	The time limit to file a cassation request stipulated in Article 46 (1) of the Supreme Court Law has already been exceeded. (A written or oral request for cassation must be made within 14 days after a decision or determination is announced);
b.	The time limit to file a memorandum of cassation (memori kasasi) stipulated in Article 47 of the Supreme Court Law has already been exceeded. (Petitioners must submit a memorandum of cassation within 14 days after the cassation request is entered into the court records);

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*Syarat dan ketentuan berlaku

According to Section 1A of the Circular Letter, civil cases (general, religious, and state administration) are not eligible for cassation if:

a.	The time limit to file a cassation request stipulated in Article 46 (1) of the Supreme Court Law has already been exceeded. (A written or oral request for cassation must be made within 14 days after a decision or determination is announced);
b.	The time limit to file a memorandum of cassation (memori kasasi) stipulated in Article 47 of the Supreme Court Law has already been exceeded. (Petitioners must submit a memorandum of cassation within 14 days after the cassation request is entered into the court records);

......