Attending RDPU, PERADI SAI Proposes Restructuring of Civil Courts
Reform of civil procedure law is an urgent need to address fundamental issues in judicial practice in Indonesia. This was stated by the Indonesian Advocates Association Suara Advokat Indonesia (PERADI SAI) during a Public Hearing (RDPU) with Commission III of the House of Representatives, at the Parliamentary Complex, Jakarta, on Monday (30/3).
PERADI SAI presented views, inputs, and strategic recommendations regarding the Civil Procedure Law Bill (RUU HAPER). PERADI SAI General Chairman Harry Ponto said that the lengthy chain of civil case processes has the potential to erode the meaning of justice.
According to him, there is a classic adage in the legal world, namely ‘Justice Delayed is Justice Denied’, which means delayed justice is equivalent to denying justice. He added that the design of civil procedure law opens too many stages.
“We must honestly face the reality. Civil cases in Indonesia often take too long. From the District Court, High Court, cassation, to review. Even, it can repeat again at the execution stage. This is not just slow, it is dangerous for legal certainty,” said Harry in Jakarta.
This is deemed to harm those seeking justice and disrupt the investment climate in Indonesia. He proposed restructuring the civil judiciary with a more stringent division of functions.
The District Court acts as judex facti and the High Court as judex juris. The Supreme Court is focused as a limited review institution and there is no more cassation.
Chairman of the PERADI SAI Drafting Team Swandy Halim added that the Supreme Court should not continue to be the ‘final destination for all cases’. “If everything is brought to the top, what we get is not better justice, but a backlog of cases,” he said.
Meanwhile, member of the Drafting Team Alfin Sulaiman highlighted the importance of synchronising the RUU HAPER with various instruments developed by the Republic of Indonesia Supreme Court, including e-court and e-litigation, mediation mechanisms, and arbitration practices. In addition, he continued, PERADI SAI also encourages strengthening mediation as an effective alternative dispute resolution mechanism.
“If the parties have agreed, the state must be present to strengthen, not complicate. Don’t force everything into a long litigation path,” added Alfin.
Another drafting team member, Andi F. Simangunsong, added that as an advocate organisation, PERADI SAI has found many weaknesses in civil procedure law, both in terms of efficiency, legal certainty, and protection of the parties’ rights.
“Advocates are not spectators. We are on the front lines every day. Therefore, the voice of advocates must be an important part in formulating civil procedure law that can truly be implemented,” emphasised Andi.
In the RDPU, PERADI SAI also expressed readiness to continue actively engaging in the discussion of the RUU HAPER, including providing further studies and technical support if needed.