Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami Jasmine Abdurrachim, Hasyry Agustin
In view of the fact that many of Indonesia’s Laws have not been properly equipped with Procedure Laws, implementing regulations are often required. Such implementing regulations often fail to materialize however, creating complications regarding the execution of common judicial practices. So proclaimed Muhammad Saleh, Supreme Court (“MA”) Justice, in a speech made at the opening of the Civil Procedure Law II National Conference, which was held at Surabaya’s Airlangga University on Wednesday (26/8).Justice Saleh further added that Indonesia had never formulated a complete National Civil Procedure Law. Instead, the country’s prevailing National Laws were ultimately inherited from the Dutch East Indies and are increasingly inadequate as a means of meeting the needs of a dynamic society. Thus the government and legislators claim to be working on formulating draft regulations in order to create a National Civil Procedure Law.
“However, to this day, whenever I ask the Head of the Legislative Body, Sareh Wiyono, about this matter he replies that the draft of a National Civil Procedure Law has yet to be tabled for discussion at the House of Representatives. Therefore the MA, which has authority regarding this issue, has now decided to issue two new Supreme Court Regulation (“PERMA”) in order to provide more detailed and distinct directives,” explained Mr. Saleh.
New Supreme Court Regulations
The MA issued two urgently needed PERMA on 7 August 2015, namely Perma No. 1 of 2015on the Integrated Service of District/Sharia Circuit Courts and Perma No. 2 of 2015on Procedures for Small Claims.
Mr. Saleh explained that the issuance of the new regulations was designed to aid citizens who had yet to officially register their marriages and births. The regulation should help those who have been unable to fulfill their rights regarding marriage, marriage books, and birth certificates in a simple and swift manner and at an affordable price in regions that have geographical difficulties with regard to the accessing of services at court offices, district-population and civil-registration agencies and offices of religious affairs.
“Vulnerable citizens, including women, children and persons with disabilities, as well as those lacking access to legal information and consultation may now obtain these services at official legal-aid posts,” stated Mr. Saleh.
As for the PERMA on Procedures for Small Claims Settlements, Mr. Saleh explained that the regulation utilizes a simple, swift and cost-effective principle that will offer broader legal access to society as a whole. The civil lawsuits to be handled under this regulation though are limited to only IDR 200 million of a material lawsuit and are not included as a part of dispute settlements conducted by Special Courts.
“In order that matters coming before a court be dealt with smoothly, the MA’s new Regulations aim to fill in the gaps, should there be any matters that are not sufficiently dealt with under the existing legislation. Simple lawsuits will be investigated and decided in a public court by a single judge. Both the plaintiff and the defendant are obliged to attend the hearing accompanied by their attorneys. When a settlement has been reached, the judge will decide on a binding settlement that prohibits the taking of further action, including injunctions, pleas, counterclaims, interventions, replies, rejoinders and conclusions. However, such binding legal settlements are conducted voluntarily, which means that if they are not acted upon, then prevailing civil-procedure law provisions apply” concluded Justice Saleh.
(sp)
Jasmine Abdurrachim, Hasyry Agustin
In view of the fact that many of Indonesia’s Laws have not been properly equipped with Procedure Laws, implementing regulations are often required. Such implementing regulations often fail to materialize however, creating complications regarding the execution of common judicial practices. So proclaimed Muhammad Saleh, Supreme Court (“MA”) Justice, in a speech made at the opening of the Civil Procedure Law II National Conference, which was held at Surabaya’s Airlangga University on Wednesday (26/8).Justice Saleh further added that Indonesia had never formulated a complete National Civil Procedure Law. Instead, the country’s prevailing National Laws were ultimately inherited from the Dutch East Indies and are increasingly inadequate as a means of meeting the needs of a dynamic society. Thus the government and legislators claim to be working on formulating draft regulations in order to create a National Civil Procedure Law.
“However, to this day, whenever I ask the Head of the Legislative Body, Sareh Wiyono, about this matter he replies that the draft of a National Civil Procedure Law has yet to be tabled for discussion at the House of Representatives. Therefore the MA, which has authority regarding this issue, has now decided to issue two new Supreme Court Regulation (“PERMA”) in order to provide more detailed and distinct directives,” explained Mr. Saleh.
New Supreme Court Regulations
The MA issued two urgently needed PERMA on 7 August 2015, namely Perma No. 1 of 2015on the Integrated Service of District/Sharia Circuit Courts and Perma No. 2 of 2015on Procedures for Small Claims.
Mr. Saleh explained that the issuance of the new regulations was designed to aid citizens who had yet to officially register their marriages and births. The regulation should help those who have been unable to fulfill their rights regarding marriage, marriage books, and birth certificates in a simple and swift manner and at an affordable price in regions that have geographical difficulties with regard to the accessing of services at court offices, district-population and civil-registration agencies and offices of religious affairs.
“Vulnerable citizens, including women, children and persons with disabilities, as well as those lacking access to legal information and consultation may now obtain these services at official legal-aid posts,” stated Mr. Saleh.
As for the PERMA on Procedures for Small Claims Settlements, Mr. Saleh explained that the regulation utilizes a simple, swift and cost-effective principle that will offer broader legal access to society as a whole. The civil lawsuits to be handled under this regulation though are limited to only IDR 200 million of a material lawsuit and are not included as a part of dispute settlements conducted by Special Courts.
“In order that matters coming before a court be dealt with smoothly, the MA’s new Regulations aim to fill in the gaps, should there be any matters that are not sufficiently dealt with under the existing legislation. Simple lawsuits will be investigated and decided in a public court by a single judge. Both the plaintiff and the defendant are obliged to attend the hearing accompanied by their attorneys. When a settlement has been reached, the judge will decide on a binding settlement that prohibits the taking of further action, including injunctions, pleas, counterclaims, interventions, replies, rejoinders and conclusions. However, such binding legal settlements are conducted voluntarily, which means that if they are not acted upon, then prevailing civil-procedure law provisions apply” concluded Justice Saleh.
(sp)