Process Fee of Case Settlement (“Process Fee“) is a processing fee for civil case settlement, a state administrative case settlement, and a judicial review settlement at Supreme Court (Mahkamah Agung)and Judicial Body under the Supreme Court. The respective Process Fee is charged to the litigant. Supreme Court’s Clerk and Judicial Body’s Clerk or Secretary under Supreme Court has a responsibility to manage the Process Fee (“Manager of Process Fee”).
In order to implement the management of Process Fee, the Supreme Court’s Clerk and the Chairman of Court in the Judicial Body under the Supreme Court will appoint an officer. The respective officer acts as the Commitment Maker of Process Fee (Pembuat Komitmen Biaya Proses). Furthermore, the administration matter of Process Fee is performed by the treasurer of process fee (bendahara biaya proses) who is appointed by Manager of Process Fee.
The amounts of Process Fee in the Supreme Court are as follows:
a. For cassation of civil case, civil religion and state administration case, the process fee is Rp 500,000 (five hundred thousand Rupiah)
b. For judicial review of civil case, civil religion and state administration cases, the process fee is Rp 2,500,000 (two million and five hundred thousand Rupiah)
c. For cassation of commercial civil case, the process fee is Rp 5,000,000 (five million Rupiah)
d. For judicial review of commercial civil case, the process fee is Rp 10,000,000 (ten million Rupiah)
e. For cassation of industrial relation dispute (Perselisihan Hubungan Industrial) case with the lawsuit value of Rp 150,000,000 (one hundred and fifty million Rupiah) above, the process fee is Rp 500,000 (five hundred thousand Rupiah)
f. For judicial review of industrial relation dispute case with the lawsuit value of Rp 150,000,000 (one hundred and fifty million Rupiah) and above, the process fee is Rp 2,500,000 (two million and five hundred thousand Rupiah)
g. For the application of objection of material review, the process fee is Rp 1,000,000 (one million Rupiah)
The Process Fee of Appeal (Tingkat Banding) is Rp 150,000 (one hundred and fifty thousand Rupiah), and the Process Fee for the State Administrative High Court (Pengadilan Tinggi Tata Usaha Negara) is Rp 250,000 (two hundred and fifty thousand Rupiah). The Process Fee at the First Level Court (Pengadilan Tingkat Pertama) is set forth by the Chief of First Level Court. In the matter of pro bono settlement case, the Process Fee at First Level Court, Appeal Level, and Cassation and Industrial Relation Dispute which is the lawsuit value under Rp 150,000,000 (one hundred and fifty million Rupiah) is charged to the State.
The process fee is accounted to litigant with the issuance of process fee’s amount in verdict. Every process fee is managed effectively, efficiently, transparently, and it is registered in the Financial Report of Supreme Court Republic Indonesia. Process Fee is used to fund the activity which is related to case settlement process and other supporting, as follows:
b. Redactor fee (biaya redaksi);
d. Copy of file case and letters which are related to file case;
e. Court consumption;
f. Copy of verdict;
g. Delivery of information of register number to the Court and parties, copy of verdict, case file, and other required letters;
h. Filing and bindery of case file;
i. Case settlement Fee;
j. Incentive of Management Team of Process Fee;
k. Archiving of case file;
l. Monitoring and evaluating of civil case settlement.
The matters that have not been set out in this Regulation (for the Appeal Level Court and Supreme Court); it will be further stipulated by the Clerk of Supreme Court. The enactment of this regulation, then all of Verdict of the Chief of Supreme Court that is related to determination of process fee in the Appeal Level Court and the Supreme Court are revoked and no longer valid.
Alsha Alexandra Kartika