Legal Notice for Subject Abroad

There are no provisions that regulate regarding the duration of legal notice, but practically legal notice
should be respond within seven (7) to fourteen (14) days since it received. The legal notice that
addressed to legal subjects abroad can’t be done through Ministry of Foreign Affairs (“MoFA”).
MoFA can only assist legal matters in civil sector based on Memorandum of Understanding between
MoFA and Supreme Court of Republic of Indonesia Number PRJ/HI/MA/2/2018 and Number
01/NK/MA/2/2018 regarding Judicial Assistance in Civil Matters, whereas the “Judicial Assistance”
stands for the documents related to civil trial/court. Based on MoFA regulation Number 6/2021,
MoFA’s rule is focused on public foreign affairs service rather than private dispute between
individuals. Therefore, MoFA can’t assist in funnelling legal notice as it is not MoFA’s duty mandated
by the rule. However, MoFA can assist in submission of rogatory letter along with the Supreme Court,
based on the MoU. For that reason, if the case has not been registered or has not been entered the trial,
MoFA is not authorized to deliver the legal notice, it should be taken personally from both parties.

Furthermore, the court summon for subject abroad procedure based on …, conducted by Directorate
General of Law and International Agreements and Directorate General of Law and Socio-Cultural
Agreements in a form of Rogatory Letter. That letter handed over as a diplomatic memo to Indonesian
Embassy in the purpose country, and will be notified to the local authorities. The distribution process
takes about fifty-seven (57) workdays not including notification from local authorities, as stipulated
on the Attachment of the MoU between MoFA and Supreme Court of Republic of Indonesia.