Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
The appeal process in Denpasar, Indonesia is a procedure for requesting a higher court to revert or alter the judgement passed by a lower court. The appellant—usually the losing party in the original case can request the higher court, like High Court or Supreme Court, to review the judgement. Appeals can be based on various reasons like material errors, procedural irregularity, or misapplication of the law, among others.
An appeal is a complex process which requires understanding of legal standards and judicial procedures. You may need to write briefs and potentially argue in front of a team of judges. In addition, you might need legal assistance to ascertain whether your case is eligible for an appeal or not. Hence, hiring an experienced lawyer could assist you in navigating these complexities effectively, increasing the chances of a successful appeal.
In Denpasar, as with the rest of Indonesia, one can appeal civil, criminal, or administrative cases. The appellant must file a notice of appeal usually within 14 days of final judgement. The appeal should outline errors identified in the initial judgement. Defendant's appeal in criminal cases is automatic, whereas in civil cases, notices are submitted in writing. The procedures are governed by Indonesian Civil Procedure Code and Indonesian Criminal Procedure Code.
Yes, in general, the appellant has 14 days from the date of judgement to file an appeal.
No, an appeal only reviews the proceedings and judgement of the original trial. It is not a re-trial or new trial.
The duration of the appeal process can vary greatly and can extend from few months to a year or more depending on the complexity of the case.
If you win an appeal, the case is usually sent back to the trial court for further proceedings in accordance with the appellate court’s decision.
Whilst it is technically possible to appeal without a lawyer, it is not advisable due to the complexities involved in the process.
The Supreme Court of Indonesia and the Attorney General's Office provide resources online that can be helpful. Moreover, 'The Legal Aid Institute' ('Lembaga Bantuan Hukum') in Indonesia also provides free legal services to those who cannot afford them.
If you believe you have sufficient grounds for an appeal, always first consult with an experienced lawyer. Examine your original judgement and analyse the points of law it involved. Understanding the process and having an experienced professional on your side will greatly improve your chances of succeeding in your appeal.
