Supreme Court issues regulation on prodeo cases, making courts more accessible to the poor
Jakarta | Badilag.net/english (27/8)
Supreme Court of the Republic of Indonesia has decreed a regulation (PERMA) No. 02/2009 legalizing the use of the Court’s budget for free waiver for the poor through prodeo cases. The regulation has lifted long-lasting doubt from Religious Courts’ community on using the budget for the poor since article 81 A of Law No. 3/2009 explicitly stipulates that state budget does not bear any fees for settling civil cases.
Article 2 point 4 of the Supreme Court Regulation (Perma) states that “Fees for settling cases through prodeo procedure at first instance courts, appeal and cassation level as well as cases on industry-related disputes, whose claim less than Rp. 150 millions, are to the state’s guarantee in accordance with the applying laws.”
“This regulation (Perma 2/2009) substantially regulates fees for finalizing cases and their management in the Supreme Court and its lower courts. This was also issued to put into practice stipulation of article 81 A point 5 Law No. 3/2009,” Director General of Badilag, Wahyu Widiana, told badilag.net shortly after receiving the regulation from the Supreme Court’s Registrar Wednesday (26/8).
.With the issuance of the PERMA, Religious Courts leaderships, said Wahyu, no longer needed to fear for reimbursing fees for prodeo cases from the budget.
Wahyu also expected Religious Courts to optimally utilize the supplement of the budget in line with the internationally-recognized spirit ‘justice for the poor’ in providing legal services.
“In addition, maximum use of the budget is hoped to contribute to the increase of the upcoming budget.”
To ensure the accountability and transparency of the budget management for prodeo cases and circuit courts, the Director General asks every single Religious Court to report the budget usage through SMS and Website-based report system.
Court Fees Management
The Supreme Court Regulation No. 2/2009 requires three elements to manage process fees; PBP (Pengelola Biaya Proses/Process fees manager), PKBP (Pembuat Komitmen Biaya Proses/Commitment maker for process fees), and BBP (Bendahara Biaya Proses/Process fees treasurer).
PBP in Religious Courts is Registrar/Secretary. PKBP is an officer appointed by chairperson of the court to specifically perform process fees management. While BBP is an officer appointed by PBP to carry out process fees administration.
According to the PERMA, the amount of process fees is as follows:
| NO | COURT LEVEL | AMOUNT |
| 1 | First Instance | Decided by Chairpersons |
| 2 | Appeal Level | Rp. 150.000,- |
| 3 | Appeal Level in Administrative Courts | Rp. 250.000,- |
| 4 | Cassation of (General) Civil Cases, Religious Civil Cases, Administrative Cases | Rp. 500.000,- |
| 5. | Cassation of Trade Civil Cases | Rp. 5.000.000,- |
| 6. | Cassation of Industry-related Dispute Cases with claim < Rp. 150 millions | Rp. 500.000,- |
| 7. | Request Civil of Civil Cases, Religious Civil Case, Administrative Cases | Rp. 2.500.000,- |
| 8. | Request Civil of Trade Civil Cases | Rp. 10.000.000,- |
| 9. | Request Civil of Industry-related Disputes Cases with claim < Rp. 150 millions | Rp. 2.500.000,- |
| 10. | Judicial Review | Rp. 1.000.000,- |
The above fees are to be used for finalizing cases and for other supporting activities such as for stamp, legalization, wording; office stationery; photo copies of dossier and letters pertaining to the dossier, and others. For more detail please click here.
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