Best Appeal Lawyers in Gresik
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List of the best lawyers in Gresik, Indonesia
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Find a Lawyer in GresikIndonesia Appeal Legal Questions answered by Lawyers
Browse our 1 legal question about Appeal in Indonesia and read the lawyer answers, or ask your own questions for free.
- Can I appeal a District Court civil judgment in Indonesia after missing the 14-day deadline?
- I lost a civil case in the District Court and only received the written judgment later. The appeal deadline has passed, but I think there were serious procedural errors. Is there any way to file a late appeal or another remedy, and what proof is usually needed?
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Lawyer answer by Law Office Risky Dendy Partner | Advocate ● Receiver ● Administrator For Bankruptcy
Hi, In civil proceedings, an appeal must be filed within 14 (fourteen) days from the date the judgment is rendered or officially notified. If this statutory period has lapsed, the right to appeal is, in principle, forfeited. However, extraordinary legal...
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Which court hears an appeal from a Gresik case?
The correct route depends on the court and type of case that produced the decision. A civil or criminal case decided by the Gresik District Court generally goes on appeal to the Surabaya High Court, with the appeal filed through the court that issued the decision.
A family or other matter within the Religious Court’s jurisdiction usually goes from the Gresik Religious Court to the Surabaya Religious High Court. Administrative disputes follow a different court structure and may begin at the Surabaya State Administrative Court, rather than a court in Gresik.
An appeal is not usually a completely new trial. The appellate court reviews the decision and case record under the rules for that type of proceeding, so identifying the correct route and deadline matters from the outset.
When a lawyer can help with an appeal
You received a civil judgment involving land, a sale, or a contract in Gresik and need to identify errors in the court’s reasoning or handling of evidence.
You are challenging or defending a family decision from the Gresik Religious Court, such as a divorce, child custody, or division of marital property.
You or a family member has been convicted in a criminal case and needs advice about the short deadline, appeal grounds, and what the appellate court can review.
A business or individual in areas such as Manyar or Kebomas is involved in a civil dispute and needs help assembling the first-instance record and appeal documents.
You received notice of a judgment late, were absent when it was delivered, or are unsure when the appeal period began.
You want to respond to another party’s appeal and need to understand filing requirements, written submissions, and possible outcomes.
Key laws governing appeals in Gresik
Law No. 20 of 1947 on Appeal Hearings in Java and Madura provides the civil appeal framework applicable in Gresik. It sets out matters such as seeking an appeal and the role of the appellate court.
Law No. 48 of 2009 on Judicial Power establishes principles and the structure of judicial authority across Indonesia. It provides the broader framework for courts hearing appeals, including courts serving Gresik.
Law No. 7 of 1989 on Religious Courts, as amended by Law No. 3 of 2006 and Law No. 50 of 2009, governs the Religious Court system and its jurisdiction. It is relevant to appeals from decisions of the Gresik Religious Court.
Frequently asked questions
Do I need a lawyer to appeal a decision in Gresik?
People can generally file an appeal without a lawyer, but representation is not required in every case. A lawyer can check the deadline, identify appealable errors, and prepare submissions under the correct procedure.
How long do I have to appeal?
The deadline depends on the type of case and how the decision was delivered or notified. Civil and religious appeals commonly have a 14-day period, while criminal appeal periods may be shorter, including a 7-day period under the Criminal Procedure Code applicable to a case. Confirm the current rule and the exact start date with the court promptly.
Where do I file an appeal from the Gresik District Court?
The appeal is generally lodged through the Gresik District Court, which issued the decision, for review by the Surabaya High Court. Ask the court registry for current filing instructions and the required payment details.
Where does an appeal from the Gresik Religious Court go?
It generally goes to the Surabaya Religious High Court. The appeal is filed through the Gresik Religious Court, and the applicable procedure depends on the type of religious-court matter.
Can I appeal because I disagree with the outcome?
Disagreement alone may not make a persuasive appeal. The grounds should identify specific legal or procedural errors, or explain why the decision is not supported by the record.
Can I introduce new evidence on appeal?
An appeal generally focuses on the first-instance record rather than starting the case over. Whether additional material can be considered depends on the applicable procedure and circumstances, so get advice before relying on new evidence.
How much does an appeal cost?
Court costs vary by case and are usually collected as an advance payment set through the relevant court. A lawyer’s fee is separate and depends on the work agreed, so request a written scope and fee arrangement before hiring.
Can I get help if I cannot afford the court costs or a lawyer?
Eligible applicants may ask the court about a fee waiver, commonly called prodeo, and must provide supporting information about their financial circumstances. Legal aid may also be available through an accredited legal aid provider; confirm eligibility and availability directly.
How long does an appeal take?
There is no single guaranteed timeframe. The duration depends on the court’s schedule, the case record, submissions, and any procedural issues.
Can the appellate court change the decision?
The appellate court may uphold, change, or set aside the decision, subject to the rules governing the case. The result depends on the record and the issues properly raised.
Is an appeal the same as cassation?
No. An appeal is generally a review by a higher court of the first-instance decision. Cassation is a separate stage before the Supreme Court and has different grounds and filing requirements.
What should I do if the appeal deadline may have passed?
Contact the court registry and a lawyer immediately, and keep any proof of when the decision was delivered or notified. Whether a filing can still proceed depends on the applicable rules and circumstances; do not assume an extension is available.
Official resources in Gresik
Gresik District Court (Pengadilan Negeri Gresik): The registry can provide information about civil and criminal case filings, appeal procedures, and court-cost advances for matters it handles.
Gresik Religious Court (Pengadilan Agama Gresik): The court handles matters within the Religious Courts’ jurisdiction and can provide registry information about its decisions, appeal filings, and fees.
Supreme Court of the Republic of Indonesia (Mahkamah Agung): Its official court directory can help locate court information and official services for the appellate courts serving Gresik.
Steps to find and hire an appeal lawyer
Record the decision details. Gather the written judgment, case number, delivery or notification date, and any appeal notice. Do this immediately because filing periods can be short.
Identify the correct court route. Confirm whether the decision came from the Gresik District Court, Gresik Religious Court, or another court. The route affects the applicable procedure and deadline.
Contact the court registry promptly. Ask about the deadline, filing method, required documents, and current court-cost advance. Seek confirmation as soon as possible rather than waiting for a lawyer search to finish.
Shortlist lawyers who handle appeals in the relevant case type. Ask about their experience with civil, criminal, religious-court, or administrative appeals, as applicable. Arrange an initial consultation within the next few days if the deadline is near.
Share the full case record. Provide the judgment, pleadings, evidence list, hearing materials, and any notice of appeal. Ask the lawyer to explain the strongest possible grounds and any weaknesses.
Agree on scope, fees, and timing in writing. Clarify who will file documents, attend any required proceedings, communicate updates, and pay court costs. Check whether the proposed work can be completed before the deadline.
Confirm filing and keep proof. Obtain a filing receipt or other confirmation from the court and retain copies of all submissions and payment records. Ask the lawyer or registry what further steps and dates to monitor.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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