INDONESIA COURT PROCESS NUR ASLAM BUSTAMAN JULY, 2015
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1 INDONESIA COURT PROCESS NUR ASLAM BUSTAMAN JULY, 2015
2 ORGANIZATION STRUCTURE SUPREME COURT IN INDONESIA
3 CHART DIRECTORATE GENERAL GENERAL COURT ORGANIZATION DIRECTORAT GENERAL GENERAL COURT AGENCY SECRETARY DIRECTORATE DEVELOPMENT TECHNICAL PERSONNEL JUSTICE DIRECTORATE DEVELOPMENT GENERAL COURT ADMINISTRATION DIRECTORATE INSTITUTIONS AND GOVERNANCE CIVIL CASES DIRECTORATE INSTITUTIONS AND GOVERNANCE CRIMINAL CASES
4 CHART SECRETARY DIRECTORATE GENERAL GENERAL COURT ORGANIZATION SECRETARY DIRECTORAT GENERAL GENERAL COURT AGENCY PLANNING & FINANCE PERSONEL ORGANIZATION & GOVERNANCE GENERAL SUB S PLANNING, PROGRAM & BUDGETING SUB S PERSONEL SUB S INSTITUTIONAL & REPORTING SUB S ADMINISTRATION SUB S BUDGETING & TREASURY SUB S TOUR DUTY SUB S MANAGEMENT SUB S INTERNAL SUB S ACCOUNTING SUB S RETIREMENT SUB S DOCUMENTATION & INFORMATION SUB S EQUIPMENT GROUP FUNCTIONAL POSITIONS
5 CHART STRUCTURE DIRECTORAT DEVELOPMENT TECHNICAL PERSONNEL GENERAL COURT DIRECTORATE DEVELOPMENT TECHNICAL PERSONNEL GENERAL COURTS SUB S ADMINISTRATION SUB DIRECTORATE FOR TOUR DUTY JUDGES SUB DIRECTORATE FOR TOUR DUTY CLERKS & BAILIFF SUB DIRECTORATE GUIDANCE & MONITORING SUB DIRECTORATE STATISTIC & DOCUMENTATION FOR TOUR DUTY 1 FOR TOUR DUTY 2 FOR SCRIPTS FOR TOUR DUTY 1 FOR TOUR DUTY 2 FOR SCRIPTS FOR GUIDANCE 1 GUIDANCE 2 FOR MONITORING & EVALUATION FOR STATISTIC FOR DOCMENTATION JURISDICTION GROUP FUNCTIONAL POSITIONS
6 CHART STRUCTURE DIRECTORAT DEVELOPMENT ADMINISTRATION FOR GENERAL COURT DIRECTORATE ADMINISTRATIVE DEVELOPMENT FOR GENERAL COURT SUB S ADMINISTRATION SUB DIRECTORATE GOVERNANCE SUB DIRECTORATE GUIDANCE & MONITORING SUB DIRECTORATE STATISTIC & DOCUMENTATION TRIAL PROCESS COURT SERVICES FOR COURT MAINTENANCE & EQUIPMENT GUIDANCE 1 GUIDANCE 2 MONITORING & EVALUATION STATISTIC DOCMENTATION JURISDICTION GROUP FUNCTIONAL POSITIONS
7 CHART STRUCTURE ORGANIZATION DIRECTORAT FOR REGULATION & GOVERNANCE CIVIL CASES DIRECTORATE ADMINISTRATIVE & DEVELOPMENT FOR GENERAL COURT SUB S ADMINISTRATION SUB DIRECTORATE APPEAL/CASSATION FOR CIVIL CASES SUB DIRECTORATE FOR JUDICIAL REVIEW SUB DIRECTORATE CASSATIION/APPEAL & JUDICIAL REVIEW FOR SPECIAL CIVIL CASES REVIEWING FOR FILE CASSATION /APPEAL ADMINISTRATION FOR CASSATION/ APPEAL REVIEWING FOR FILE JUDICIAL REVIEW ADMINISTRA TION FOR JUDICIAL REVIEW REVIEWING FOR FILE CASSATION /APPEAL & JUDICIAL REVIEW ADMINISTRATIO N FOR CASSATION & JUDICIAL REVIEW GROUP FUNCTIONAL POSITIONS
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9 TERM AND CONDITION COMMERCIAL COURT PROCESS (FOR BANKRUPTCY & SUSPENSION PAYMENT CASES) a. For the general case the Plaintiff must appeal (we call it Banding ) to the High Court (in 14 working days after the Plaintiff receive the information about the verdict) before appeal (we call it Kasasi ) or Judicial Review (we call it Peninjauan Kembali ) ; b. For IPR Case the Plaintiff appeal (we call it Kasasi ) straight to the Supreme Court before Judicial Review (we call it Peninjauan Kembali );
10 VERDICT AT HIGH COURT (BANDING) 1. Agree with district court verdict; 2. Fix for district court verdict; 3. Disagree with district court verdict; VERDICT AT SUPREME COURT (KASASI) 1. Agree with district court/high court verdict; 2. Disagree with district court/high court verdict with the reason : a. Not authorized/exceed authority b. Misapplied the law/breaking the law; c. Negligent to qualify the law;
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13 TERM AND CONDITION COMMERCIAL COURT PROCESS (FOR BANKRUPTCY & SUSPENSION PAYMENT CASES) a. The Applicant must submit the reason of Appeal ( we called Memori Kasasi) to the registrar of Commercial Court; b. Defendant can submit the legal reason for objection of appeal (we called Kontra Memori Kasasi) no more than 7 days after he/she receive the Appeal Letter; c. The Registrar of Commercial Court give the Kontra Memori Kasasi to the Petitioner no more than 2 days after defendant submit the Kontra Memori Kasasi ;
14 THANK YOU TERIMA KASIH
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