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ELECTRONIC DOCUMENTS FOR CASSATION/JUDICIAL REVIEW IN COURT CASES

17 Jun

In utilizing the development of information technology (IT) and implementing it as a fixed procedure in handling court cases, the Supreme Court of the Republic of Indonesia issued Circular Letter Number 14 of 2010 concerning Electronic Documents as Requirements in Submitting Applications for Cassation and Judicial Review (“SEMA RI No.14/2010“). SEMA RI No.14/2010 which aims to support the implementation of transparency, accountability and public service of the Supreme Court and the inferior courts, was issued on 30 December 2010.

According to SEMA RI No.14/2010, effective as from 1 March 2011, all files related to applications for cassation/judicial review addressed to the Supreme Court, must have the following electronic documents (compact disc, flash disc, e-mail, etc) attached:

  1. electronic documents for applications for cassation/judicial review for civil/special civil/religious civil/state administration/tax cases will consist of court decree(-s) in the first instance and on appeal;
  2. electronic documents for applications for cassation/judicial review for criminal/special criminal/military cases will consist of court decree(-s) in the first instance and on appeal, and the charge sheet.

SEMA RI No.14/2010 stipulates that if the electronic documents are not included in the file then the Supreme Court will declare that the file is incomplete and it will be returned to the court which sent it. Further, it is also explained that due to the importance of the memorandum of cassation and the memorandum of judicial review, SEMA RI No.14/2010 urges the Chief Judge of each court to request the disputing party(-ies) to also submit a softcopy of the memorandums of cassation and/or judicial review together with the hardcopy ones.

For the technical details of the procedure for sending the documents, the Clerk of the Supreme Court will arrange the procedures and management of the electronic documents and periodically review and re-arrange the procedures at the first instance and on appeal as well as in the Supreme Court.

 
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Posted by on June 17, 2011 in Civil, Uncategorized

 

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