In response to the occurring outbreak, the Supreme Court and lower instances court (High Court and District Court) has now taken protective measures and pause several hearings. The Supreme Court through its Executive Meeting dated 16 March 2020 ("Executive Meeting") deemed that in reference to the President of Republic of Indonesia's statement that the outbreak is now considered as a non-natural disaster, the court proceeding for certain type of cases should proceed as scheduled whilst for the remaining cases should be conducted through e-litigation.
Based on the resolution rendered from Executive Meeting above, Supreme Court issued a Circular Letter No. 1 of 2020 on Conduct Guidelines during the Period of Preventing the Spread of Corona Virus Disease 2019 (COVID-19) in the Vicinity of Supreme Court and Lower Judiciary Bodies ("SCL 1/2020"). The applicability of SCL 1/2020 has been further extended until 21 April 2020 by the Supreme Court Circular Letter No. 2 of 2020 on the amendment of SCL 1/2020.
Based on the SCL 1/2020, the following cases' classification will proceed as scheduled in the event that further extension for the confinement of the Accused is no longer viable:
- Criminal case proceeding
- Military case proceeding
- Jinayat or Islamic criminal case proceeding
On the other hand, the SCL 1/2020 specifies the following as cases recommended to be adjudicated under e-court mechanism:
- Civil case
- Religious (Islamic) civil case
- Administrative case
In regards to cases which are to be resolved in certain time limit. SCL 1/2020 allows for the court to postpone the proceeding of the aforesaid case exceeding the allowed time on condition that this extraordinary event is recorded in the minutes by the Substitute Court Clerk.
For public safety measures, the SCL 1/2020 emphasizes the Panel of Judges' sole discretion in conducting the proceeding, such as:
- Postponement of hearing
- Limitation of attendees and implementation of social distancing policy
- Recommend the implementation of e-court proceeding
The e-court allows for conducting proceeding through a dedicated website where parties may conduct registration of cases online (e-filing) and commence proceeding by way of e-litigation pursuant to Supreme Court Regulation No. 1 of 2019 on Digital Case Administration and Proceeding in Court.
Lastly, the SCL 1/2020 also stipulates several safety internal measures which among others gives appeal for all officials in the Supreme Court and the lower courts instances not to take any domestic and international travel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
