Best Appeal Lawyers in Ubud
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Indonesia 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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Do you need an appeal lawyer after a decision in Gianyar?
In Indonesia, an appeal from a first-instance court is generally called a banding. For many civil and criminal cases involving Ubud, the first-instance court is the Gianyar District Court and the appeal goes to the Denpasar High Court. The correct court depends on the type of case and where it was filed.
Appeal deadlines can be short: generally 14 days for a civil appeal under the procedural rules applying in Bali, and seven days for a criminal appeal. A lawyer can check the deadline, prepare the appeal grounds and supporting documents, and confirm the correct filing procedure. Do not assume that hiring a lawyer extends the time limit.
When local legal help can make a difference
Consider getting advice promptly if any of these situations apply:
- You have received a civil judgment from the Gianyar District Court in a land-boundary, title, villa lease or construction dispute in Ubud.
- A court has ruled against you in a contract dispute involving an Ubud accommodation, restaurant, tour operator or other business.
- You or a family member has been convicted in a criminal case heard in Gianyar and needs to decide whether to appeal.
- You are appealing a decision of the Gianyar Religious Court in a matter within its jurisdiction, such as a Muslim family-law dispute.
- A public authority’s decision affecting a local business or property has been challenged in the administrative court, and you need to identify the proper appellate route.
- You live in Ubud but the case was heard elsewhere, or you have just received notice of a judgment and are unsure when the appeal period starts.
An appeal is not simply a chance to repeat the original case. A lawyer can assess which alleged errors can be raised and whether an appeal is likely to be useful.
Rules that govern appeals from Ubud
RBg (Reglement tot Regeling van het Rechtswezen in de Gewesten buiten Java en Madura), Staatsblad 1927 No. 227. This civil-procedure regulation applies outside Java and Madura, including Bali. It provides the framework for civil appeals, including the general 14-day filing period.
Law No. 8 of 1981 on Criminal Procedure (KUHAP). This law governs criminal proceedings, including appeals from criminal judgments. A request for appeal is generally due within seven days after the judgment is pronounced, or after notification if the defendant was absent.
Supreme Court Regulation No. 7 of 2022. This regulation amended the rules on electronic court administration and proceedings established by Supreme Court Regulation No. 1 of 2019. Electronic procedures may be available, but the applicable court’s current filing requirements should be checked.
Frequently asked questions
How long do I have to appeal a civil judgment?
The general period is 14 days under the civil procedure rules applicable in Bali. The start date depends on whether the party was present when judgment was pronounced or received formal notice later. Ask the court clerk or a lawyer to verify the deadline from the case record.
What is the deadline for a criminal appeal?
KUHAP generally allows seven days to request an appeal after the judgment is pronounced. If the defendant was absent, the period generally runs from notification. Confirm the date promptly, as missing the deadline can prevent an appeal.
Who can appeal a judgment?
A party directly affected by a civil judgment can generally seek an appeal. In a criminal case, the defendant and public prosecutor may have appeal rights under the applicable procedure. A lawyer can check whether the particular decision and party qualify.
Does my case have to be heard in Gianyar?
No. Ubud is in Gianyar Regency, but the proper court depends on the type of case and rules such as territorial jurisdiction. Check the court named on the judgment rather than assuming that every Ubud dispute belongs in Gianyar.
Where does an appeal from the Gianyar District Court go?
A civil or criminal appeal from the Gianyar District Court generally goes to the Denpasar High Court. Religious-court appeals follow a separate court hierarchy. The judgment and court registry can confirm the correct route for your case.
Does an appeal automatically stop enforcement?
Not necessarily. In civil cases, an appeal does not always prevent enforcement, and exceptions may apply. Ask a lawyer whether a stay or other urgent application is available in your circumstances.
Can I submit new evidence on appeal?
An appeal usually reviews the first-instance case record rather than starting a completely new trial. Whether additional documents can be considered depends on the case type and the court’s procedural rules. Get advice before relying on material that was not presented earlier.
How is an appeal different from cassation?
An appeal is generally the next review by a higher court after a first-instance decision. Cassation is a separate review by the Supreme Court, focused on legal issues under its governing rules. A lawyer can explain which step is available and its deadline.
How much does an appeal lawyer cost?
Costs vary with the case, documents, urgency and work required. Ask for a written fee agreement that separates professional fees from court charges and other expenses. Court fees should be checked with the relevant court because amounts and procedures can change.
Can I file an appeal electronically?
Electronic court services may be available under the Supreme Court’s electronic-administration rules. Availability and steps depend on the court, case type and filing circumstances. Confirm current requirements with the registry before relying on online filing.
Can I get legal aid if I cannot afford a lawyer?
Eligible people may be able to obtain free legal assistance through an accredited legal aid provider under Indonesia’s legal aid framework. Ask the relevant court about its legal aid post, known as a Posbakum, or contact an accredited provider. Eligibility and available services should be confirmed directly.
Official resources for appeal information
- Gianyar District Court (Pengadilan Negeri Gianyar): Ask its registry about judgments, appeal filings, case status and applicable court procedures.
- Denpasar High Court (Pengadilan Tinggi Denpasar): This is the general appellate court for civil and criminal cases from the Gianyar District Court.
- Gianyar Religious Court (Pengadilan Agama Gianyar): Contact it about cases within the religious courts’ jurisdiction and the applicable appeal process.
Steps to find and hire an appeal lawyer
- Act immediately. Within the first day, note the judgment date and when it was pronounced or formally notified. Treat the shortest potentially applicable deadline as urgent until verified.
- Collect the case papers. Gather the judgment, notices, pleadings, evidence, hearing records and any enforcement documents before your first consultation.
- Confirm the court and deadline. Within one or two working days, check with the court registry or a lawyer whether the matter is civil, criminal, religious or administrative, and where the appeal must be filed.
- Speak with lawyers who handle Indonesian appeals. Ask about experience with the relevant court, the issues they see in the judgment and the work they would complete before the deadline.
- Check credentials and terms. Verify the lawyer’s authority to practise in Indonesia and request a written engagement and fee agreement. Clarify court charges, expenses and what services are included.
- Agree on the filing plan promptly. Set dates for preparing, reviewing and filing the appeal request and grounds. Keep proof of filing and copies of all submitted documents.
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