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Senin, November 7, 2022

Supreme Court Amends Provisions on Administration of Cases and Legal Proceedings in Courts via Electronic Means

General Corporate Miscelaneous Technology, Media and Telecomunication

In an effort to overcome the obstacles that still exist in relation to the implementation of Regulation of the Supreme Court (Mahkamah Agung – “MA”) No. 1 of 2019 on the Administration of Cases and Legal Proceedings in Courts via Electronic Means (“Regulation 1/2019”), the MA has now issued Regulation No. 7 of 2022 (“Amendment”) in order to amend Regulation 1/2019.
Electronic domicile now encompasses electronic addresses and verified messaging services.
Bankruptcy estates can now be managed and settled electronically.
Receivers and administrators can become registered users of the Court Information System (Sistem Informasi Pengadilan – “SIP”) by securing the following documents: 1) Citizenship identification card; 2) Receiver/administrator membership card; 3) Certificate on passing the receiver/administrator’s test; 4) Valid receiver/administrator registration receipt.
Summonses/notifications are to be delivered to involved parties through the SIP, provided that said parties have electronic domiciles. Otherwise, summonses/notifications are to be delivered via registered mail.
Approvals from defendants to be able to continue proceedings electronically are not required in relation to state administration cases and appeals cases that are filed against the Business Competition Supervisory Commission.
The Amendment has now added a new chapter that addresses legal remedies and that states the following, among other provisions: 1) Legal remedies should be implemented electronically through the SIP; 2) Advance payments of appeal fees may be completed electronically or via other types of financial transactions and should be deposited into the relevant court account; 3) Notifications of appeal requests, submissions and deliveries of memoranda of appeal, submissions and deliveries of counter-memoranda of appeal, as well as notifications of checking files for appellants or appellees shall be completed electronically through the SIP; 4) The relevant appointed panels of judges should determine the dates of trials, and also examine and hear cases through the SIP; 5) Verdicts should be handed down by electronic means but signed manually by the relevant panels of judges and court clerks.
The implementation of tax dispute administration services and electronic trials through the tax court has been excluded from the implementation of electronic trials in stages based on a decision of the Chief Justice of the MA. Provisions that address administrative services and electronic court proceedings for the tax court are to be further stipulated by the chairperson of the tax court.
The Amendment has been in force since 11 October 2022.

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In an effort to overcome the obstacles that still exist in relation to the implementation of Regulation of the Supreme Court (Mahkamah Agung – “MA”) No. 1 of 2019 on the Administration of Cases and Legal Proceedings in Courts via Electronic Means (“Regulation 1/2019”), the MA has now issued Regulation No. 7 of 2022 (“Amendment”) in order to amend Regulation 1/2019.
Electronic domicile now encompasses electronic addresses and verified messaging services.
Bankruptcy estates can now be managed and settled electronically.
Receivers and administrators can become registered users of the Court Information System (Sistem Informasi Pengadilan – “SIP”) by securing the following documents: 1) Citizenship identification card; 2) Receiver/administrator membership card; 3) Certificate on passing the receiver/administrator’s test; 4) Valid receiver/administrator registration receipt.
Summonses/notifications are to be delivered to involved parties through the SIP, provided that said parties have electronic domiciles. Otherwise, summonses/notifications are to be delivered via registered mail.
Approvals from defendants to be able to continue proceedings electronically are not required in relation to state administration cases and appeals cases that are filed against the Business Competition Supervisory Commission.
The Amendment has now added a new chapter that addresses legal remedies and that states the following, among other provisions: 1) Legal remedies should be implemented electronically through the SIP; 2) Advance payments of appeal fees may be completed electronically or via other types of financial transactions and should be deposited into the relevant court account; 3) Notifications of appeal requests, submissions and deliveries of memoranda of appeal, submissions and deliveries of counter-memoranda of appeal, as well as notifications of checking files for appellants or appellees shall be completed electronically through the SIP; 4) The relevant appointed panels of judges should determine the dates of trials, and also examine and hear cases through the SIP; 5) Verdicts should be handed down by electronic means but signed manually by the relevant panels of judges and court clerks.
The implementation of tax dispute administration services and electronic trials through the tax court has been excluded from the implementation of electronic trials in stages based on a decision of the Chief Justice of the MA. Provisions that address administrative services and electronic court proceedings for the tax court are to be further stipulated by the chairperson of the tax court.
The Amendment has been in force since 11 October 2022.

......

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Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

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