Court Proceeding in this Era of Covid-19 Pandemic

In this pandemic era, the court is one of the government institutions that has been named as one of the crowded spots that has the potential to be a source of the spread of Covid-19. How could it not be, most of the trials are continued as usual in order to meet the deadline set by the prevailing law. The worst crowds are usually in Suspension of Debt Payment Obligation (PKPU) or Bankruptcy hearings with very many debtors. It is as if Covid-19 is being put aside in order to claim the part that has become their own right.

Therefore, it is not surprising that many courts have set lockdowns because their officers have been exposed to the Covid-19 virus. So what is the possible action of the Supreme Court to overcome this problem?

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 1 of 2020 dated March 23, 2020 regarding Guidelines for Implementing Tasks During the Prevention Period for the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court and the Judiciary Agencies. In essence, this Circular provides suggestions for consideration, and gives the Panel of respective Judges the authority to determine the course of the trial and limit visitors to the trial.

The circular letter was deemed less firm and effective, and did not provide certainty of leniency for the proceedings of the trial. It is unfortunate that until now there has been no update on this Circular Letter. Thus, the nature of the deadline provisions for each case as determined by law remains in effect.

Suria Nataadmadja & Associates Law Firm

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