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118 Hir CP 2014 (Eng)
118 Hir CP 2014 (Eng)
118 HIR
Jurisdiction
Jurisdiction refers to the scope and limits
of a courts power to adjudicate a case.
It depends on :
the (type) case and geographical area/
domicilie
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Absolute Jurisdiction
TERM
Kompetensi absolut / absolut
competence/ original juridiction /
attributie van rechtsmacht
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Absolute Jurisdiction
The authority of a court based on the
type of the case/ dispute
Art . 134 HIR/ 160 Rbg
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Relative Jurisdiction
TERM :
Kompetensi relatif/ relative
competence/ distributie van
rechtsmacht
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Relative Jurisdiction
The authority of a court within the
same branch of the judicature but in
different geographical area.
It depends on domicilie.
Art 118 (1) HIR/ 142 (1) Rbg
Principle: Actor Sequitur Forum Rei
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118 HIR
(1) The lawsuit must be submitted
into the District Court in jurisdiction
of defendants domicilie
(Actor Sequitur Forum Rei)
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118 HIR
(2) If there are multiple defendants who are not
domiciliaries in same District Court jurisdiction,
then the venue is proper in jurisdiction of at
least one of defendants domicilie which may be
chossen by plaintiff.
but if there some defendants are primary
obligors, plaintiff must choose venue from
among domicilie of primary obligor.
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118 HIR
(3) if defendants domicilie are unknown,
civil lawsuit must be submitted into
jurisdiction where the plaintiff is domiciled
or if subject matter of disputes involves
immovable good, civil lawsuit must be
submitted to jurisdiction where
immovable goods are located (Forum rei
sitae).
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118 HIR
(4) civil lawsuit may be submitted to
selected venue that parties has been
choosen on their contract.
(choice of venue)
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3. LEGAL REPRESENTATION
How to appear before the court?
partij materiil
(without represented)
partij formil
(with represented)
Art 123 (1) HIR.
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Procedure
Divided into 2 basic ways:
Administrative
Judicial
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Administrative
PLAINTIFF SIDE :
Submit the civil lawsuit/ application;
Pay the court fees; (persekot/ down
payment)
Receive the receipt of the court fees
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Administrative
COURT SIDE:
The registrar receive the lawsuit/ application and will
give a case registration number
The registrar will provide notice about the case to the
Chief of the Distric Court
The Chief of the district court will decide the panel of
judges
The Panel of judges will decide the first court session
The registrar will provide notice to parties (for lawsuit).
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Administrative
4 administrative documents:
1. Court order/ court award requiring first
court session
2. Court notice
3. Court transcrip of notice (relass)
4. Case list (roll)
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Administrative
Requirements of court notice :
1. must be filed directly to the parties by bailiff
2. the time between date of hearing and date of notice
may not be less than three working day
3. delegation (if the parties domicile are different with
the court jurisdiction the notice must be delegate.
(388, 389, 390 HIR)
Noted: syarat sah dan patut
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Administrative
Bailiff provides:
1. Court notice
2. Relass
3. Copy of lawsuit
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Judicial
4 sessions:
1. First day of court proceedings
2. Reply
3. Evidence
4. Court decision and the enforcement of
court decision
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Reply sessions
1.
2.
3.
4.
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Defendant responses
Replik
Duplik
Conclusion/ closing arguments
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Lawsuit
Application
Jurisdictie
contentieusa
Dispute
Bilateral/ min 2 sided
Judgments court
decisions
Note :
Bedakan : keputusan
putusan penetapan
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Jurisdictie
voluntair
No dispute
Unilateral / one
sided
Judgments
court order
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