Nusa Dua – Public Relation: The Hon. Chief Justice Of Supreme Court Prof. Dr. M. Hatta Ali, SH., MH and Vice of Foreign Affairs Miniter Dr. H. M. Fachri launched the new procedure of judicial document submitting (Summon and notification) for the litigant parties in abroad on Monday, September 10, 2018 in Denpasar Bali. This launching was signed that started September 12, 2018 all courts In Indonesia must follow this procedure agreed in Memorandum of Understanding between Supreme Court and Ministry for Foreign Affairs on February 20, 2018. The Courts will responsible the consequent if the procedure ignored, then the document could not be sent to abroad.

The launching of new procedure of judicial document submitting for litigant parties in abroad was held in the beginning of Developing of Judicial Administration and Technic which delivered by Leaders of Supreme Court for Judicial Apparatus in four Jurisdiction of Bali and Nusa Tenggara Barat. Approximately, there were 400 participants followed this event, the participants were Chiefs, Vice Of Chief, Judges, Ad hoc-Judges, Registrar, and Court Secretary.

The new procedure of submitting judicial document to abroad agreed by Supreme Court between Ministry for Foreign Affairs in the Memorandum of Understanding on February 20, 2018, and Three Cooperation Agreement which became the following were: First, cover letter of request submitting the document to country addressed by court trough Supreme Court Registrar. Second, help requesting of document submitting must use the standard of document. Third, the cost of submitting/delivering document charged to the litigant parties and paid to court to the holding account on behalf of the Registrar of the Supreme Court.         

According to Vice of Foreign Affairs Minister, besides following the procedure above, Courts in Indonesia must address the condition required by destination country, including a minimum period of time with the trial, and the court documents submitted must be translated into English or the language of the local state. This provision, said the Vice Minister, was available in the rogatory online monitoring application that can be accessed on the rogatori.kemlu.go.id website.  

According to Vice Minister for Foreign Affairs that this online monitoring application connected to all Indonesia representatives in the whole world, then can record the process of handling delivery document assistance and inform it to concerned parties in Indonesia.

Meanwhile, The Hon. Chief Justice of Supreme Court when started the judicial technic development describe that cooperation between Supreme Court and Ministry of Foreign Affairs on delivery judicial document was one of Supreme Court’s efforts to realize the principle of rapid judicial. The Hon. Chief Justice instructed all judicial official to follow the new procedure of delivery judicial document to abroad.

REGISTRAR OF SUPREME COURT ISSUED THE TECHNIC DIRECTION

The days before launching, Registrar of Supreme Court Made Rawa Aryawan shared information on new procedure of delivery rogatory letter and the assistance letter of delivery judicial document in civil cases for litigant parties in foreign country. That information existed in the letter Number 1747/PAN/HK.01/8/2018 of August 8, 2018 addressed to Head of District Court and Head of High Court in the whole Indonesia. The Registrar’s letter become statement from Memorandum of Understanding between Supreme Court and Ministry for Foreign Affairs on February 20, 2018 including 3 cooperation agreement followed and also cooperation agreement between Registrar of Supreme Court and BNI Syariah and PT. Pos Indonesia.

The procedure of delivery rogatory letter and assistance letter of Delivery judicial document in civil cases for litigant parties in foreign country were below:

Letter addressed to Registrar of Supreme Court at PO BOX 913 Jakarta Pusat

According to Registrar of Supreme Court, the use of PO BOX to effective distribution process of rogatory letter and delivery of judicial document for litigant parties in foreign country from Court to Supreme Court can be faster. Based on cooperation agreement between Supreme Court and PT. Pos Indonesia on July 31, 2018, distribution of rogatory letter got special treatment. The special treatment included the process of taking letter from court, distribution, return and asking on delivery cost. The letter will be taken by post officer to Court Office, then the officer do not need to deliver the letter to post office. Court will inform soon to certain post office that there is rogatory letter must send soon to Supreme Court. To process it, according to Registrar of Supreme Court, need to point person in charge (PIC) di court to handle the letter.                 

PUTTING THE SPECIAL CODE

To ease the identify process and special treatment to rogatory letter and assistance letter of judicial document delivery, in order to put the special code on the letter cover such as cooperation agreement number between Registrar of Supreme Court and PT. Pos Indonesia as below:

THE COST SENT USING VIRTUAL ACCOUNT

Sending the cost of document delivering shall paid to collector account in Registrar of Supreme Court using virtual account created by Supreme Court Decision Directory Application. The access of Decision Directory Application using the same username to publish the decision. To create an account, Registrar of Supreme Court has been provided “VA Rogatory” menu.

The evidence of sending of document delivery cost must be sent simultaneously with the cover letter which address to Registrar of Supreme Court.

COST SUMMON ESTIMATION USING APLICATION

Court can estimate the cost of delivery judicial document for litigant parties in foreign country in order to estimate the cost, as followed:

1. The cost of delivery from court office to Jakarta ( back and forth);
2. The cost of delivery from Jakarta to Indonesia representative office in foreign country (back and forth)
3. The cost of delivery from Indonesia representative in foreign country to address in abroad.

Registrar of Supreme Court provided the application to assist  Court in estimating the cost of letter delivery which can be accessed in Decision Directory Application in “VA Rogatory” menu. (AN/Photo: Pepy/Azh/RS)