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APPENDIX I

COOPERATION AGREEMENT ON
STANDARD OPERATING PROCEDURES
HANDLING OF REQUESTS FOR
ASSISTANCE
LEGAL TECHNICAL ASSISTANCE IN
MATTERS OF
TORT

NUMBER: PRJ/HI/00409/02/2019/55/08

NUMBER: 441/HM.01.1/2/2019

STANDARD OPERATING PROCEDURE


HANDLING OF REQUESTS FOR LEGAL TECHNICAL ASSISTANCE
IN CIVIL MATTERS FROM COURTS IN INDONESIA

1. The court prepares a letter of request for legal technical assistance in


civil matters (Letter of Request) using the Standard Document and
completes it with documents in accordance with the provisions of the
destination country, including the required language.

2. The President of the Court submits the application letter and its
documents to the Registrar of the Supreme Court through PT POS.

3. PT POS ensures that the application letter file is received by the


Supreme Court Registrar no later than 3 (three) working days after it
is received from the sending Court.

4. The Supreme Court Registrar checks the completeness of the


application letter file no later than 2 (two) working days after it is
received.

5. In the event that the petition is incomplete, the Supreme Court


Registrar shall request the Court to complete the petition no later than
2 (two) working days after it is received.

6. In the event that the incomplete petition file must be sent back to the
Court, the Supreme Court Registrar shall send it via PT POS.

7. PT POS ensures that the incomplete pleadings are received by the


referring court within 3 (three) working days at the latest.
8. The Chief Justice must complete the deficiencies requested by the
Registrar of Supreme Court no later than 7 (seven) working days after
receiving the notification/file from the Registrar of the Supreme Court.

9. The Chief Justice must send the deficient files requested by the
Supreme Court Registrar no later than 2 (two) working days after the
files are completed via PT POS.

10. PT POS shall ensure that the completed application letter is received
by the Registrar of Supreme Court no later than 3 (three) working
days.

11. In the event that the application dossier is complete, the Registrar of
Supreme Court uploads the application dossier into SIM Rogatori and
submits the original application dossier (if the destination country
requires) to the Ministry of Foreign Affairs c. Ministry of Foreign Affairs
requires) to the Ministry of Foreign Affairs c.q. Director Law and Socio-
Cultural Treaties for foreigners/BHA or Director of Consular Affairs for
Indonesian citizens/BHI or Director of Consular Affairs for WNI/BHI
(will be transferred to the Director of PWNI and BHI with later notice)
no later than 3 (three) working days after receipt.

12. PT POS ensures that the application letter file is received by the
Ministry of Foreign Affairs no later than 3 (three) working days.

13. Ministry of Foreign Affairs c.q. Director of Law and Socio-Cultural


Agreements for foreigners/BHA or Director of Consular Affairs for
WNI/BHI (will be transferred to Director of PWNI and BHI with later
notice) forwards the application letter file received from the Registrar
of Supreme Court to the Head of Representative of the Republic of
Indonesia via News and PT. POS no later than 3 (three) working days
after receipt.

14. PT POS ensures that the application letter file is received by


Representative of the Republic of Indonesia no later than 5 (five)
working days after it is received from the Ministry of Foreign Affairs
c.q. Directorate of Law and Treaty Social and Cultural Agreements for
Foreigners/BHA or Director of Consular Affairs for WNI/BHI (will be
transferred to the Director of PWNI and BHI with a later notice).

15. The Head of Representative of the Republic of Indonesia c.q, the


executor of the consular function submits the application letter to the
local authority with a diplomatic note or to the intended party, in
accordance with the provisions of the local country, no later than 3
(three) working days after receipt.

16. The local authority forwards the letter of request to the Party.

17. The local authority with a diplomatic note conveys the relaas (proof of
receipt) to the Representative of Indonesia.

18. The RI Representative forwards the relaas to the Ministry of Foreign


Affairs c.q. Directorate of Law and Socio-Cultural Agreements for
foreigners/BHA or Director of Consular Affairs for WNI/BHI (will be
transferred to Director of PWNI and BHI with later notice) through
News and DHL Shipping Services no later than 3 (three) working days
after receipt.

19. Ministry of Foreign Affairs c.q. Directorate of Law and Socio-Cultural


Treaties for foreigners/BHA or Director of Consular Affairs for WNI/BHI
(will be transferred to Director of PWNI and BHI with later notice)
forwards the relaas to the Registrar of Supreme Court with a cover
letter no later than 3 (three) working days via PT. POS.

20. PT POS must send the relaas file to the Registrar of the Supreme Court
no later than 2 (two) working days after the file is received from the
Ministry of Foreign Affairs.

21. The Supreme Court Registrar shall send the relaas file to the intended
Court through PT. POS no later than 7 (seven) working days after it is
received from the Ministry of Foreign Affairs.

22. PT. POS ensures the relaas file is received by the intended Court no
later than 3 (three) working days after it is received from the Supreme
Court Registrar.

Total delivery time: 57 (fifty-seven) business days, excluding the


submission process by the local authority abroad.
SOP: HANDLING OF REQUESTS
FOR LEGAL TECHNICAL
ASSISTANCE

The Court President of the PT POS ensures that The Supreme Court
prepares a Court submits the the application letter Registrar checks the
letter of application letter and file is received by the completeness of the
request document to registrar Supreme Court application letter file
of Supreme Court, Registrar no later no later than 2 (two
through PT POS than 3 (three) working days
working days

In the event that the Petition is Incomplete

the Supreme Court


Incomplete pleadings
Registrar shall request the
The file must be sent back PT POS ensures to
Court to complete the
to the Court, the Supreme received by the
petition no later than 2
Court through PT POS. referring court within
(two) working days after it
3 (three) working days
is received.
at the latest.

The Chief Justice must


PT POS shall The Chief Justice must
complete the
ensure that the send the deficient files
deficiencies requested
completed requested by the
by the registrar of the
application letter Supreme Court Registrar
Supreme Court no later
is received by the no later than 2 (two)
than 7 (seven) working
Registrar of working days after the
days, after receiving the
Supreme Court no files are completed via
notification from the
later than 3 PT POS.
Registrar.
(three) working
days.
In the event that the application file is complete

The registrar of Supreme The file must be sent back


Court uploads the to the Court, the Supreme
application dossier into Court.
SIM ROGATORI and submit
the dossier to related
Ministry.
APPENDIX II
COOPERATION AGREEMENT ON
STANDARD OPERATING PROCEDURES
FOR HANDLING REQUESTS FOR LEGAL
TECHNICAL ASSISTANCE LEGAL
TECHNICAL ASSISTANCE IN MATTERS OF
TORT
NUMBER: PRJ/HI/00409/02/2019/55/08
NUMBER: 441/HM.01.1/2/2019

STANDARD OPERATING PROCEDURE


HANDLING OF REQUESTS FOR LEGAL TECHNICAL ASSISTANCE IN
CIVIL MATTERS FROM FOREIGN COURTS

1. Ministry of Foreign Affairs c.q. Director of Law and Socio-Cultural


Treaties sends the file of request for legal technical assistance in civil
matters received from the Foreign Diplomatic Representative to the
Registrar of the Supreme Court through PT. POS no later than 3
(three) working days after receipt.
2. PT POS ensures that the letter of request for legal technical assistance
in civil matters is received by the Registrar of Supreme Court no later
than 2 (two) working days after it is received from the Ministry of
Foreign Affairs.
3. The Supreme Court Registrar checks the completeness of the request
letter file no later than 7 (seven) working days after it is received.
4. In the event that the application letter is incomplete, the Registrar of
Supreme Court shall inform the Ministry of Foreign Affairs c.q. Director
of Law and Socio-Cultural Agreements regarding the documents that
must be completed to be submitted to the Foreign Diplomatic
Representative.
5. The Ministry of Foreign Affairs delivers the letter of the Registrar of the
Supreme Court with a Diplomatic Note to the Foreign Diplomatic
Representative through PT. POS no later than 3 (three) working days
after receipt.
6. PT. POS ensures that the Diplomatic Note is received by the Foreign
Diplomatic Representative no later than 2 (two) working days after it is
received from the Ministry of Foreign Affairs.
7. In the event that the petition file is complete, the Supreme Court
Registrar shall send the petition file to the intended Court no later than
3 (three) working days after receipt via PT. POS.
8. PT. POS ensures that the petition file is received by the Court no later
than 9 (nine) working days after it is received from the Supreme Court
Registrar.
9. The intended Court forwards the petition to the intended Party no later
than 2 (two) working days after it is received from PT POS.
10. The Court of Appointment submits a relaas (proof of receipt) to
the Supreme Court Registrar no later than 2 (two) days after it is
received from the intended Party through PT. POS.
11. PT. POS ensures the relaas (proof of receipt) is received by the
Supreme Court Registrar no later than 9 (nine) working days after it is
received from the intended Court.
Registrar
12. The Registrar of the Supreme Court forwards the relaas (proof of
receipt) to the Ministry of Foreign Affairs c.q. Director of Law and
Socio-Cultural Treaties no later than 3 (three) working days after it is
received through PT POS.
13. PT. POS ensures the relaas (proof of receipt) is received by the
Ministry of Foreign Affairs c.q. Director of Law and Socio-Cultural
Agreements no later than 2 (two) working days after it is received
from the Registrar of Supreme Court.
14. Ministry of Foreign Affairs c.q. Director of Law and Socio-Cultural
Agreements with a diplomatic note conveys the relaas (proof of
receipt) to the Foreign Diplomatic Representative no later than 3
(three) working days after it is received from the Registrar of the
Supreme Court through PT. POS.
15. PT POS ensures that the relaas (proof of receipt) is received by
the Foreign Diplomatic Representative no later than 2 (two) working
days after it is received from the Ministry of Foreign Affairs c.q.
Director of Law and Socio-Cultural Agreements.

Total time:
Total delivery time: 52 (fifty-two) business days, excluding delivery by
the courts in Indonesia to the Addressee.

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