LEGAL REMEDIES

PTUN
 LEGAL REMEDIES

• legal remedy is the right of the plaintiff or

defendant not to accept a court decision in
the form of an appeal, cassation, or
reconsideration.
 LEGAL REMEDIES
I. ORDINARY
II. EXTRA ORDINARY

ORDINARY :
1. APPEAL (BANDING)
2. CASSATION (KASASI)

EXTRA ORDINARY
REVISION (PENINJAUAN KEMBALI)
 APPEAL
APPEAL (Articles 122 – 130)
• According to Article 122 parties can lodge an appeal at
the administrative high cout against the judgement by
the administrative court of first instance. The time
limit for the appeal is set by Article 123 paragraph 1:
The petitions for appeal shall be submitted in writing by
the petitioner or his proxy who is specially authorized to
do it, to the administrative court that passed the
judgement within fourteen days after the judgment has
been legally notified to him.
 CASSATION

• CASSATION
(Article 131, Law no.14/1985 Article 55 paragraph
I, and 46-53)
• The possibility to appeal for cassation to the
Supreme Court has been established by Article
131:
(1) Against the decision of the court in last
resort can be appealed for cassation to the
Supreme Court.
 CASSATION

(2)The procedure of the examination in cassation as

intended in paragraph (1) shall be performed according to
the provision as intended in Article 55 paragraph (1) of Law
Number 14 of 1985 on the Supreme Court.

• Article 55 paragraph 1 of Law no.14/1985 (on the Supreme

Court) stipulates that the same procedure for cassation in
civil or criminal cases applies to administrative cases. It
can be found in Articles 46-53 and is more or less similar
to the appelate procedure, with two differences.
 CASSATION
• Firstly, the Supreme Court takes the moment a
copy of the judgement is sent to the parties as the
start of the term, although the wording of Article 46
is the same as that for the term for appeal. This
time very short for the administrative courts,
because there are so few of them. Moreover, the
memorandum of cassation must follow within 14
days after the registration the petition for cassation.
The time limits for cassation are thus much stricter
than in appeal.
 CASSATION

• The second, and more fundamental difference is that

cassation can only be granted on the basis of the
grounds listed in Article 30:
In cassation the Supreme Court shall overrule decisions
or decrees from all courts on the grounds that the
court:
a. did not have jurisdiction or transgressed the limits of
its jurisdiction,
b. mistakenly applied or evaded the law that is in effect;
 CASSATION

c. negelcted to fulfill the conditions required by

law and failure threatens to revoke the decision.
In spite of the fact that according to this Article
the Supreme Court is not allowed to consider
the facts of a case but merely the legal
considerations, Article 50 stipulates as follows:
 CASSATION

• (1)The examination of a cassation petition shall be

performed by the Supreme Court based on the
letters, and if only viewed necessary the Supreme
Court itself shall hear the parties or witnesses or
order the court at the first or appelate levels that
decided the case to hear the parties or witnesses.
• (2)When the Supreme Court overrules a court
decision and hears the case itself, it shall use the law
of evidence in effect for the court of first instance.
 REVISION
• REVISION
(Article 132, Law no.14/1985 Articles 66-76)

Article 132 opens the possibility of revision against a

judgement that has attained permanent legal force:

(1) Against the decision of the court which has

attained permanent legal force can be appealed for
review to the supreme court
 REVISION

(2)The procedure for review as intended in paragraph (1)

shall be performed according the provision as intended
in Article 77 (1) of Law Number 14 of 1985

The rules for review in administrative cases are the same

as those for revies in civil cases and can be found in
Articles 67-76 of Law no.14/1985. As review is an
extraordinary remedy at law, a case can only be
submitted on the basis of a limited number of reasons,
which are listed Article 67:
 REVISION

a. when the judgement is based on a falsehood

or deceitful tactics by an opposing party that
become known after the case is decided or if it is
based on evidence that afterward is declared
false by a judge in a criminal case;
b. when, after the case is decided, evidentiary
writings of decisive character are found that
could not be found at the time the case was
examined;
 REVISION

when the judgement is based on a falsehood or

deceitful tactics by an opposing party that become
known after the case is decided or if it is based on
evidence that afterward is declared false by a judge
in a criminal case;
c. when, after the case is decided, evidentiary
writings of decisive character are found that
could not be found at the time the case was
examined;
 REVISION

• Another major difference from cassation is

that the term for entering a petition for review
is 180 days, counted from the moment one of
the incidents referred to in article 67 has
become known. Moreover, according to
Article 66 the procedure for review does not
suspend the execution of the judgement.
 REVISION

For the rest of the procedure for review is more

or less the same as in cassation, with the
difference that the supreme court is not allowed
to undertake investigations by itself.