Mandatory Use of E-Court for Certain Districts in Indonesia
Electronic case administration (“E-Court”) is a series of electronic system process for submitting claims / requests, responses, counter pleas, rejoinder, conclusion including administrative management, delivery, and storage using by every court jurisdiction. The purpose of the enactment of the Supreme Court Regulation No. 3 of 2018 on Electronic Case Administration in Court (“Supreme Court Regulation No. 3/2018“) is for reformation and to simplify the court administration system.
After the registration and procedure of E-Court were introduced by Supreme Court Regulation No. 3/2018, on 10 June 2019, the Supreme Court issued its Circular No. 4 of 2019 regarding Obligation to Register Civil Claim through E-Court (“Supreme Court Circular No. 4/2019“), which requires disputing parties or users to file a civil claim through E-Court for specific courts’ jurisdiction as mentioned below.
Supreme Court Circular No. 4/2019 covers (i) the Courts subjected to this obligation, (ii) monitoring, and (iii) the role of One-Stop Integrated Service/Pelayanan Terpadu Satu Pintu (“PTSP”).
Scope Subject to E-Court Obligation under Supreme Court Circular No. 4/2019
The obligation to use E-court for civil claims registration under Supreme Court Regulation No. 3/2018 is specified to all (i) District Courts Class IA, (ii) Class IA Special, and (iii) all District Courts within the regions of:
- Banten High Court;
- Jakarta High Court;
- Bandung High Court;
- Semarang High Court;
- Yogyakarta High Court;,
- Surabaya High Court; and
- Other courts.
The total number of District Courts, which implement E-Court is 56 District Courts as listed in the Attachment of the Supreme Court Circular No. 4/2019.
The duty to require users to register civil claims via the E-court application by officers of PTSP and Legal Aid Post (“Posbakum“) falls upon each of relevant Head of District Court.
The duty to monitor and evaluate the E-court implementation in each jurisdiction and to report progress and issues falls upon each of the Head of High Court, who has an obligation to report on a monthly basis to the Director General of General Court Department, in specific Director of General Court Administrative Development.
Obligation of PTSP
For registration of civil claims through the E-court application, every PTSP is obliged to provide Information Technology officers/workforce to aid the registration process through E-court. Each PTSP is also obliged to direct the court service users to register their civil claims through the E-court application.
This alert is for general information only and is not a substitute for legal advice.