Supreme Court Regulation Number 3 Year 2018 About…
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Supreme Court Regulation Number 3 Year 2018 About Court Administration in Electronic Court

The issuance of Supreme Court Regulation No. 3 of 2018 concerning the Administration of Cases in Electronic Courts is the response of the Supreme Court to the aspirations of the public regarding the modernization of the administration of justice and makes it easy for anyone to file the rights, both claims and petitions without coming directly to court.

 

Here are some important points to note related to the contents of Supreme Court Regulation, namely:

 

I.    The users of the Electronic Civil Service Administration, conducted through the Court Information System:

  1. Individual (will be further stipulated in the decision of the Chief Justice of the Supreme Court).
  2. Advocate, Requirements to become a registered user are:
  1.  ID card;
  2.  Advocate membership card; and
  3.  Evidence of an advocate oath by the High Court.

 

II. Administration of Electronic Cases

  1. Registration of cases: can be done electronically through the Court Information System at the Court.
  2. Payment: Case Fees are directed to Court's account at Bank through available electronic payment channels.

 

III. Administration of Electronic Calls, done to (Charged call charges electronically charged to the litigant):

  1. Plaintiffs / applicants who register electronically and who give written consent;
  2. Defendants / requested parties or other parties who have written their consent in writing to be called electronically;
  3. The attorney is required to obtain written consent from the principal to conduct an electronic law.

On the basis of a judge's order, the bailiff / substitute sends a summons to the parties electronically via the Court Information Site. Subsequently, an electronically transmitted court summons are addressed to the electronic domains of the parties.

 

IV. Issuance of Copy of Decision / Stipulation, done electronically:

  1.   A copy of an electronically issued decree / stipulation is sent to the parties within 14 (fourteen) days at the latest from the pronouncement / award.
  2.   For bankruptcy / PKPU cases a copy of the court decision shall be sent to the parties no later than 7 (seven) days after the pronouncement / determination.

 

V. Case Administration Management

  1. Courts that have fully implemented electronic records and register cases in the Court Information System:
  1. There is no need to record information and register cases manually;
  2. The Chief / Head of the Court shall submit the state of the case report electronically; and
  3. The Chief / Head of the Court shall conduct periodic audit of the case.
  1. The Court's Office of the Court handles the information, data and electronic documents related to the case in an integrated manner, then to the case which has been terminated and has permanent legal force, the Court's Court filed the data and electronic documents related to the case in an integrated manner.

 

VI. Transitional Provisions

Provisions for procedural law and other provisions concerning the administration of court proceedings remain in force as long as they are not inconsistent with the Supreme Court Regulation.

 

VII. Closing

No later than 6 (six) months after the enactment of this Supreme Court Regulation, the Secretary of the Supreme Court and the Directorate General of the Court shall determine the implementing regulations and / or changes in the administrative requirements of the case as required by the characteristics of the services and cases of each court.

The establishment of Supreme Court Regulation No. 3 of 2018 concerning the Administration of Cases in Electronic Courts is the response of the Supreme Court to the aspirations of the public regarding the modernization of the administration of justice and makes it easy for anyone to file the rights, both claims and petitions without coming directly to court.

 

Suria Nataadmadja & Associates Law Firm

Advocates & Legal Consultants