Appeals in Indonesian Courts

In high court

An appeal can be lodged against a District court’s decision at the high court. If the parties accept the district’s court judgment or no appeal is lodged within specified time limit, the district court judgment becomes final, binding and enforceable.

The appellant lodges an appeal by signing a deed of appeal (akta banding) at the district court which rendered the decision. The appellant may also submit a statement of appeal (memori banding), which sets out the reason for the appeal. The respondent to the appeal may file a counter statement (kontra memori banding).

A high court rarely convenes a court trial in order to render its decision on appeal. It will usually review the case based on the written submissions made by parties. A high court may take three months to six months to reach a decision.

In supreme court

The parties may file for cassation at the supreme court against the judgment of the high court. If no cassation is lodged, or the parties accept the high court’s decision, the decision of the high court becomes final, binding and enforceable.

The appellant must submit a cassation statement (memori kasasi), which is a document containing the grounds for appeal, within fourteen days after the application is lodged. The respondent may submit counter statement (kontra memori kasasi) within fourteen days after it receives the cassation statement.

The supreme court currently has an insufficient number of judges in relation to the number of cases registered, causing significant delays of up to one to two years in obtaining a supreme court decision.

a restrictive and special legal remedy against the supreme court’s decision on cassation is a civil review (request civil or peninjauan kembali). The supreme court’s decision is nevertheless final, binding and enforceable.

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