LEGAL REMEDIES UPON COURT VERDICT OR ORDER IN INDONESIA
Our law firm has the specialties in offering adept assistance for submitting Appeal (Banding), Cassation (Kasasi), and Judicial Review (Peninjauan Kembali/PK) legal remedies, providing clients with a strategic and thorough approach to challenging court verdicts. We excel in crafting compelling submissions, navigating the process, and representing clients effectively to seek a favorable outcome. Trust our expertise to navigate the complexities of the legal system, ensuring a persuasive case for your legal remedies in accordance with Indonesian law.
In regards to legal remedies towards court verdicts, Indonesia has acknowledges below stages:
- Appeal (Banding)
Legal remedies of Appeal (Banding) is a right of the litigant’s to object to a first court decision, with the aim of requesting a re-examination by a higher court as well as to test the accuracy of the application of the law and the decision of the court of first instance.
- Cassation (Kasasi)
Cassation legal remedies are regulated in Articles 244-258 of the Criminal Procedure Code. Article 244 of KUHAP jo. Constitutional Court Decision No. 114/PUU-X/2012 stipulates that against criminal case decisions rendered at the final level by a court other than the Supreme Court (Mahkamah Agung), the defendant or public prosecutor may submit a request for cassation examination to the Supreme Court. The purpose of cassation is to create unity in the application of the law by overturning decisions that are contrary to the law or erroneous in applying the law.
Legal remedies of Appeal (Banding) is a right of the litigant’s to object to a first court decision, with the aim of requesting a re-examination by a higher court as well as to test the accuracy of the application of the law and the decision of the court of first instance.
Cassation legal remedies are regulated in Articles 244-258 of the Criminal Procedure Code. Article 244 of KUHAP jo. Constitutional Court Decision No. 114/PUU-X/2012 stipulates that against criminal case decisions rendered at the final level by a court other than the Supreme Court (Mahkamah Agung), the defendant or public prosecutor may submit a request for cassation examination to the Supreme Court. The purpose of cassation is to create unity in the application of the law by overturning decisions that are contrary to the law or erroneous in applying the law.
Conducting a Legal Remedy assistance Involves several key steps:
1. | Case Evaluation and Consultation: In-depth review of the case to assess grounds for appeal based on Indonesian legal principles. Consultation with the client to understand concerns, objectives, and the potential for a successful appeal. |
2. | Drafting and Filing the Appeal: Expert drafting of the appeal petition, adhering to Indonesian legal requirements. Timely filing of the appeal with the appropriate higher court, ensuring compliance with procedural deadlines. |
3. | Court Examination and Reconsideration: Representation during court hearings for the examination of the appeal. Potential stages for reconsideration or additional submissions to strengthen the appeal case. |
4. | Appeal Resolution and Implementation: Receiving the appellate court’s decision and strategizing for its implementation. Assisting in post-appeal actions, ensuring a seamless process in alignment with Indonesian law. |
Benefits of Using Our Service :
High-Level Legal Expertise
Access a team well-versed in Indonesian law, offering nuanced understanding of the legal remedies process.
Precision Drafting
Benefit from meticulous drafting petitions, tailored to Indonesian legal standards.
Strategic Representation
Ensure strategic representation at all stages, from filing to post-submission actions, maximizing the chances of a favorable outcome.
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Our dedicated team is ready to assist you and providing the necessary legal support to address your concerns in accordance with Indonesian law.
