In response to the current development, the Supreme Court of the Republic of Indonesia (“MA“) considers it necessary to administer court administration services effectively and efficiently, electronically. The consideration is realized by issuing the Indonesia Supreme Court Regulation Number 3 of 2018 on Administration of Cases In Court Electronically (“SCR 3/2018“). Furthermore, SCR 3/2018 also intended to provide the realization of orderly case administration.
SCR 3/2018 regulates a series of processes for the reception of court documents, such as lawsuit, petition, reply, rebuttal, rejoinder and conclusion, but limited only for District Court, Religious Court/Syariah Court, Military Court and Administrative Court. However, this service may only be used by Registered User.
Registered User
Registered user can be an advocate and individual that must comply with the requirements to be designated as Registered User. For the advocate, the requirements that must be completed are: (i) identity card, (ii) advocate membership card and (iii) minutes of advocate oath admission. While for individual will be further regulated in the Decree of Chief Justice of Supreme Court.
The email and/or phone number that have been verified shall be an electronic domicile of the registered user. Upon fulfillment of any requirement, Registered User shall have the right to use electronic administration service of cases in court with all of its supporting features.
The Registration of Case
Without prejudice to prevailing procedural law, the registration of cases under the Perma 3/2018 can be done electronically. The advance case fees shall be paid directed to the bank account on behalf of the court through the available electronic system on the account. If the case is registered electronically, then the case does not need to be registered manually.
Court Summons
Based on based on written agreement by the parties as well as their advocates, the court summon can be conducted electronically addressed to the electronic domicile of the parties. The electronic summons is valid as long as it is addressed in accordance with the time period specified under the procedural law. However, this cannot be implemented for the first summoning, especially to defendant/respondent. If the summons is addressed to the party outside the jurisdiction of the court, then the summons will be sent electronically and copied to the domicile court of the party. If the summons addressed to the party outside the jurisdiction of the Republic of Indonesia, it will be further regulated by the Clerk of Supreme Court under the Memorandum of Understanding between the Ministry of Foreign Affairs and Supreme Court.
Copy of Decision/Determination
The copy of decision/determination which is issued electronically must be delivered to the parties no later than 14 days since the decision/determination is read by the judges.
In the bankruptcy/suspension of debt payment case, the copy of decision/determination must be delivered to the parties no later than 7 days since the decision/determination is read by the judge. This provision is causing uncertainty whether the commercial court is included as the court that will use electronic case administration.
Adrian Fernando
