Rights of the Parties

THE RIGHTS OF THE PARTIES ARE ARRANGING IN THE RELIGION COURT  

THE RIGHTS OF THE JUSTICE PEOPLE

(Article 6 paragraph 1 letter c SK KMA-RI No. 144 / KMA / SK / VIII / 2007)

 

1. Entitled to obtain legal assistance

2. The case is immediately forwarded to court by the Public Prosecutor

3. Eligible to be immediately tried by the Court

4. Eligible to know what was alleged to him at the beginning of the examination.

5. Eligible to know what is alleged to him in a language understood by him.

6. Entitled to provide information freely before a judge.

7. Have the right to get help from an interpreter / translator if you don’t understand Indonesian.

8. Entitled to choose his own legal advisor.

9. Entitled to contact legal counsel in accordance with the provisions of the law.

10. For foreigners the right to contact / speak with their country representatives in the face of court proceedings.

11. Entitled to contact / receive a visit from his personal doctor in case the defendant is detained.

12. Entitled to know about the detention of him by an authorized official.

13. Entitled to contact / receive family visits to get a guarantee of suspension of detention or get legal assistance.

14. Entitled to contact / accept other people who are not related to the case for the benefit of their work or family interests.

15. Entitled to send / receive letters to / from his legal counsel or his family whenever needed by him.

16. Entitled to contact / receive visits from clergy.

17. Entitled to be tried in a trial that is open to the public.

18. The right to propose witnesses or expert witnesses that are beneficial to him.

19. It is entitled to immediately accept or reject the decision.

20. Entitled to appeal against a court decision, within the time specified by the law, except for a free decision, free from all lawsuits, and decisions in a swift event.

21. Eligible to revoke the statement of accepting or rejecting the decision within the time specified by the law.

22. Eligible to study the decision before declaring to accept or reject the decision within the time specified by the law.

23. Entitled to demand compensation and rehabilitation as stipulated in article 95 of the Criminal Procedure Code.

(Article 50 to 68 and article 196 u no.8 of 1981 concerning KUHAP)(Article 6 paragraph 1 letter c SK KMA-RI No. 144 / KMA / SK / VIII / 2007)

 

JUSTICE SEARCH RIGHTS

1. Obtain complete and complete information from the Registrar’s Office of Desk I regarding the conditions for filing cases and court fees.

2. Using the services of lawyers / advocates to represent the interests of justice seekers in the trial or incidental power of the family by making a special power of attorney and enclosing a litigation permit from the Chairperson of the local Religious Court.

3. Use a Mediation Judge or a third party as an effort to pursue peace.

4. Filing Exception and Recompensation on the opponent’s claim.

5. The recompense claim that can be filed by the wife in the application for divorce is based on Article 149 KHI including: – Giving a proper Mut’ah to his ex-wife, whether in the form of money or goods, except the ex-wife, Qabla Al-Dukhul. – Giving Livelihoods and Kiswah to ex-wives during Iddah, unless ex-wives have been sentenced to divorce ba’in or nusyuz and are not pregnant. – Pay off the dowry that is still in full and half if Qabla Al-Dukhul. – Give Hadhonah fees for their children who have not reached the age of 21 years.

6. Compete for free (Prodeo) for parties who are unable to pay court fees because they are categorized as poor people.

7. Request that a local examination be held and confiscation of collateral objects that are disputed.

8. Submit legal remedies for Verzet, Appeals, Cassation and Judicial Review.

9. Obtaining Copies of Decisions / Determinations and Divorce Deeds for divorced persons in the Religious Courts.

Reporter and Reported Party Rights The Reporter has the following rights if there is a violation in obtaining information:

1. The applicant has the right to object in the case of finding the following reasons:   1. There is a refusal to request information;

2. No information is provided which must be announced periodically as referred to in part II. A;

3. Not requesting information;

4. The application is not responded to as requested;

5. The request for information is not fulfilled;

6. Imposing unnatural fees; and / or

7. Submission of information beyond the time specified in this Code. 2. Objections are addressed to PPID superiors through the Information Officer by the Applicant or his proxy.