Refined details for electronic cassation and case review submissions: Advancing Indonesia’s Supreme Court digitalisation

20 December 2023

The Indonesia Supreme Court continues to innovate in legal digitalisation with its latest Chairman of the Supreme Court Decree No. 207/KMA/SK.HK2/X/2023 (“Decree”). The Decree provides comprehensive guidelines for electronic submissions of cassation and case review, further developing the principles established in Supreme Court Regulation No. 6 of 2022 on the Electronic Administration of Cassation and Case Review Legal Remedy Submissions and Proceedings at the Supreme Court (“Regulation”).

Before the Regulation was issued, cassation and case review submissions were handled through manual, paper-based processes. This traditional approach necessitated physical document submissions and in-person court visits for filings, updates, and particularly for notification delivery. Notifications regarding case progress, hearing schedules, and decisions were typically communicated via physical letters, requiring additional in-person interactions.

In response to these challenges, the e-court system was initiated in 2019 under Supreme Court Regulation No. 1 of 2019 on Electronic Case Administration and Proceedings in Court and refined by its amendment, Supreme Court Regulation No. 7 of 2022. This system marked an important step in Indonesia’s judicial digitalisation. It offers digital case management, legal assistance, and virtual hearings. The system also includes the provision of e-summons and e-appeals. It should be noted that the scope of e-appeals within this regulation is specifically confined to appeals to the High Court and does not extend to appeals or case reviews in the Supreme Court.

The Decree further highlights the Supreme Court’s dedication to improving efficiency. These guidelines integrate with the existing e-court digital infrastructure. The Decree elaborates on these advancements, specifically focusing on detailing the electronic cassation and case review submission procedures under the Regulation. This ensures a more efficient and transparent legal process, reinforcing the Supreme Court’s commitment to a modern and accessible legal system.

This article briefly discusses the cassation and case review for general and special civil, religious, and state administrative cases, as processed through the e-court application.

Cassation

Electronic registration and submission

Cassation applications, encompassing cases related to arbitration or sharia arbitration disputes, can now be efficiently submitted through the e-court application. The Decree explicitly requires applicants to initiate the submission of these applications via the e-court system only after they have received notification of the appeal decision or the last-stage decision. This requirement is in line with the traditional approach to cassation application submissions, ensuring that the process remains consistent while benefiting from the efficiencies of digitalisation.

Administrative processing at the District Court

The District Court plays a crucial role in processing these electronic applications. Once the cassation fees are paid by the parties, the court registrar issues an electronic deed of cassation statement and registers the application through the court information system. This process includes delivering the cassation petition to the respondent within five days electronically.

Timelines for submission and responses

Petitioners are required to submit their cassation memoranda within 14 days of receiving the application. Respondents are also given the same 14-day period from the receipt of the cassation memorandum to submit their counter-cassation memoranda. This is consistent with the traditional timeline in cassation proceedings. If a petitioner fails to submit their memorandum within this timeframe, their application is deemed inadmissible. The inadmissibility decision is formalised in a District Court stipulation and communicated electronically to the petitioner.

Completeness of case dossier

Document examination procedure or Inzage is now conducted electronically to further streamline the process. Parties involved in a cassation case will receive electronic notifications about the commencement of the Inzage procedure. Following the notification, parties are given seven days to review the case files through the court information system. If parties identify any incompleteness in the case dossiers, they are given the opportunity to provide feedback. The District Court is responsible for addressing and following up on any feedback provided by the parties, ensuring that all concerns regarding the completeness of the case files are resolved promptly.

Non-registered parties

The Decree includes specific measures for parties not registered in the court information system. Whether they are applicants or respondents, these parties must submit their cassation-related documents, including applications, cassation memoranda, and counter-memoranda, through the court’s one-stop integrated service. The registrar plays a pivotal role in uploading these traditional paper-based submissions into the court information system, effectively integrating them into the digital case management system. These include sending cassation-related notifications and submissions via recorded mail for non-registered applicants and respondents, alongside an option for electronic notifications with their consent. For non-registered parties, Inzage is performed physically at the district court’s e-court table, where they can access and review electronic documents through the available computer.

Role of the Supreme Court in document verification

A significant development in the cassation process is the enhanced responsibility placed on the Supreme Court to verify the completeness and clarity of the case dossier with a clear timeline. In the event of any discrepancies or missing documents, the Supreme Court is mandated to address and rectify these issues within a strict three-day window upon their identification. This directive marks a crucial step towards ensuring a more efficient and error-free cassation process, reflecting the Supreme Court’s proactive role in maintaining the integrity and smooth progression of legal proceedings.

Introduction of artificial intelligence technology

The appointment of a panel of judges at the Supreme Court is poised to embrace modern technology, with the introduction of artificial intelligence (“AI”) assistance.

The introduction of the rule on AI technology is to provide a legal basis in supporting the launch of the “Smart Majelis” (Smart Panel) application by the Supreme Court on its 78th birthday. The Smart Majelis application is an AI-based robotics application that will automatically select the panel of judges by using various factors, including the judge’s experience, competence, workload, and by considering the type of cases to ensure that the selected judges would possess the relevant expertise in accordance with the type of the case handled. More on the launch of court technology can be found on the website of the Indonesia Supreme Court www.mahkamahagung.go.id by clicking here.

The technology aims to enhance the efficiency and impartiality of the process of judge selection and assignment to various cases. The introduction of the Smart Majelis application in this aspect of judicial administration represents a significant step towards modernising the court system, ensuring that the most suitable judges are assigned to cases based on a thorough, unbiased analysis facilitated by advanced technology.

Electronic judgment

Judgments by a panel of judges are pronounced electronically. The discussions between a panel of judges to reach a decision can be done directly or through telecommunication means. Following the electronic pronouncement, the judge’s assistant or the head of the panel is responsible for inputting the judgment’s details into the court information system. Before the judgment is published, it undergoes a verification process. A Supreme Court decision that is pronounced electronically will need to be manually signed (that is, a “wet ink” signature) by the panel of Supreme Court judges and the registrar. A copy of the decision will be signed electronically by the registrar. The copy of the electronic decision is valid and of legal effect.

Withdrawal of cassation applications

Notably, the Decree has streamlined the process for applicants to withdraw their cassation applications before the case is decided by the panel of judges, which can now be done electronically through the court information system. This enhancement greatly simplifies the withdrawal process, making it more accessible and efficient. However, it is crucial to note that this system upholds the traditional principle that once an application is withdrawn, it cannot be resubmitted.

Case review

Similar to cassation, the general framework for electronic case review applications under the Decree, including registration and submission, administrative processing, Inzage, the respective roles of the district court and the Supreme Court, and the issuance of decisions, follows a principally similar approach. However, the Decree brings forth significant advancements in the case review process, particularly in cases involving new evidence (“Novum”).

When a case review is requested on the grounds of Novum, applicants must include electronic documents of this new evidence at the time of submitting their case review application. The oath-taking process for the discovery of Novum is conducted by the head of the District Court or a designated judge, assisted by a registrar or substitute registrar in a court hearing. The Novum documents are to be compared and verified with their originals before the court. In line with modern legal practices, the oath-taking ceremony for the discovery of Novum can be done remotely, following the provisions for remote hearings in civil, religious, and administrative state cases. The minutes of the oath-taking and verification session, signed by the appointed judge and registrar, are promptly uploaded to the court information system.

Comment

The Decree marks a significant advancement in the digitalisation of legal procedures, aligning cassation and case review processes with modern technological capabilities. The Decree not only streamlines the submission and processing of legal remedies but also enhances the efficiency and transparency of the judicial system. While it maintains the core principles of traditional legal practices, it introduces practical improvements, especially in electronic document handling and communication. It is imperative for clients to familiarise themselves with these changes to effectively navigate the updated judicial landscape.