Both petition or claim under civil case shall be filed into the Court of First Instance in the general court jurisdiction. However, family cases for moslem citizen, which include divorce claim, inheritance, guardianship, shall falls under the jurisdiction of Religious Court, while same matters for non-moslem citizen shall falls under the jurisdiction of General Court.
Party can file the claim by themselves or having its own legal representation to the President of the Court of First Instance having the jurisdiction over the matter (article 118 HIR). The claim will only be registered if the plaintiff pay the court fees stipulated by the Registrar.
In general, Mediation is compulsory procedure before the hearing commences, as implementation of article 130 HIR/154 RBg. As compulsory procedure, failure to offer mediation prior the hearing shall render the court decision’s null and void.
According to Supreme Court Regulation Number 1 Year 2016 on Mediation, if the mediation succeeded, the court shall issue the deed of settlement which have equal power to a final and binding court decision, and failure to implement such deed, will allow the plaintiff to request court order from the President of the Court for execution.
If the mediation failed to reach settlement, the result of the mediation shall be recorded in the minutes of hearing, and the hearing will be continued. (Pasal 131 HIR/Pasal 155 RBg).
A summary civil dispute shall be handled by the procedure according to the Supreme Court Regulation Number 2 Year 2014 on Small Claim Court which allow the case to be settled not more than 25 days after filing, heard by single judge and appeal only possible to full panel at the same court. For ordinary civil dispute, the process is handled according to Supreme Court Circular Number 2 Year 2014 on the Settlement of Cases in the Court of First Instances and Appellate Court for Four Court Jurisdiction which stipulates that cases in the court of first instance should be finished by maximum 5 months and maximum 3 months for appellate court.
Generally, court hear cases in panel of three judges, except for petition cases, which usually heard by single judge. According to Small Claim Procedure, small claim cases shall be handled by single judge.
Appeal to the decision of the court of first instance can be made to appellate court, further appeal is available under Cassation to the Supreme Court. Special Review to the Supreme Court is possible under very limited reasons, i.e. after the decision was rendered, it is then known that the decision was based on fraud, deception from the defendant or based on the evidences which later decided by criminal judges as false or fabricated; after the decision was rendered, key evidences that may determine the outcome of the decision was found; the court decision grant matters that is not requested or decide more than requested by the prosecutor; in the case where some part of the requisitor has not been decided without any consideration; in the case where the same parties, on the same matters, on the same basis has receive inconsistent decision one to another; in the event where there are error of the judges or visible mistakes. (Article 67 Act Number 14 Year 1985 as amended by Act Number 5 Year 2004 on the Supreme Court)
Certain type of cases can be appealed directly to the Supreme Court without the need to go through the appellate court, for example in bankruptcy, Intellectual Property, Appeal Against the decision of the Consumer Protection Body, Appeal Against the Decision of Business Competition Commission, and Industrial Relation Dispute, which allow cases to be finalized in more expeditiously.