Procedures
Colonial-era HIR and RBg procedure, still not replaced
Civil procedure remains governed by the Dutch colonial Herzien Inlandsch Reglement for Java and Madura and the Rechtsreglement Buitengewesten for the outer islands. A unified national civil procedure code has been drafted for decades without enactment. The Supreme Court fills gaps by circular (SEMA) and regulation (PERMA), including the e-Court system now mandatory for many filings.
Governing law
- Herzien Inlandsch Reglement (HIR), Stb. 1941-44 — Civil procedure for Java and Madura.
- PERMA No. 1 of 2019 — Electronic case administration and hearings.
In practice
First instance is the District Court (Pengadilan Negeri) of the defendant's domicile. Appeal lies to the High Court, and cassation to the Supreme Court on points of law. Civil case registration and service now run through the e-Court platform under PERMA 1/2019. Judgments require exequatur procedures for enforcement; foreign judgments are not directly enforceable. Foreign court judgments cannot be enforced in Indonesia — a fresh action is required, which is why arbitration clauses matter so much. New York Convention awards are enforceable through the Central Jakarta District Court, but public policy challenges are common.