- In order to address the many prevailing differences regarding calculations of grace periods for the filing of legal remedies, the Chairperson of the State Administrative Chamber of the Supreme Court has issued Letter No. 2/TUAKA.TUN/I/2022 on Instructions for the Calculation of Grace Periods for Legal Remedies ("Letter 2/2022").
- Letter 2/2022 stipulates that pursuant to Article 65 and Article 123 of Law No. 5 of 1986 on Administrative Judiciary, the grace period for legal remedies is set at 14 days after the relevant parties have been legally notified of court decisions, provided that each of the relevant parties has received a summons delivered via registered mail.
- Advances in information technology have now allowed PT Pos Indonesia to introduce a new application that allows both the general public and court officials to find out exactly when notifications of decisions are received by the relevant parties through a post-tracking feature.
- Given these developments in information technology, the so-called “delivery theory” is no longer considered relevant and has now been replaced by “reception theory”. This new theory is in accordance with the applicable laws and regulations and is better capable of fulfilling commonly held notions of justice while being supported by information technology.
- Reception theory will now be used in relation to case files that have been returned by the Junior Registrar for State Administrative Cases at the Supreme Court to the submitting court, before subsequently being sent back to the Supreme Court for the handing down of a decision. Furthermore, the Heads of State Administrative Courts throughout Indonesia are now being urged to act carefully and to ensure full accuracy whenever they apply reception theory so that no differences emerge as regards calculations of grace periods for the filing of legal remedies.
- Decree 3/2022 has been in force since 12 January 2022.
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