Selasa, 04 Oktober 2022

Knowing Subpoena According to Indonesia Law

(Depositphotos)

By:
Mahmud Kusuma, S.H., M.H.
(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "31 Judul Film Yang Wajib Ditonton Tentang Advokat", "Contoh Gugatan Wanprestasi Sektor Konstruksi", "Pengertian dan Pengaturan Penggabungan Gugatan" you may read also "Contoh Surat Kuasa Pelaporan Pidana (LP) Di Institusi Kepolisian" and on this occasion we will discuss about 'Knowing Subpoena/Legal Warning According to Indonesia Law'.

Legal Basis

The summons/subpoena/legal warning is regulated in Article 1238 of the Civil Code and Article 1243 of the Civil Code. The provisions read as follows:[1]
"Article 1238 of the Civil Code: The debtor is declared negligent by a warrant, or by a similar deed, or based on the strength of the engagement itself, that is, if this engagement results in the debtor being deemed negligent by the passage of the specified time.

"Article 1243 of the Civil Code: Compensation of costs, losses and interest due to non-fulfillment of an engagement is required if the debtor, even though it has been declared in default, still fails to fulfill the engagement, or if something that must be given or done can only be given or done in a time that has exceeded the specified time."


We can understand that the legal basis for summons/subpoena/legal warning is the Article 1238 of the Civil Code and Article 1243 of the Civil Code. The two articles are actually related to the matter of default. In legal practice in Indonesia, although the legal provisions positivistically refer to the matter of default, often other legal matters also use this preliminary legal step (summons/subpoena/legal warning). For example, in terms of reporting criminal acts to the Police, for certain crimes such as fraud (Article 378 of the Criminal Code) and or embezzlement (Article 374 of the Criminal Code), the Police officer often ask the complainant/reporter to file a summons/subpoena/legal warning first to the candidate reported.

How Many Times Were The Subpoenas Must Sent?

There is no stipulation on the number of times a subpoena/legal warning must be filed, however, in practice, the subpoena/legal warning is generally submitted three times, namely: subpoena I, subpoena II, subpoena III can also be subpoena one and subpoena two and last subpoena. In legal practice, subpoenas are generally carried out three times. In the event that the subpoena is not heeded, then the creditor has the right to take the matter to legal proceedings, whether civil or criminal. The legal process will then decide the matter.

And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 


*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Tokopedia Care Tower, 17th Floor, Unit 2&5,
Outer West Ring Road, 101, Rawa Buaya,
Cengkareng Sub District, West Jakarta City,
Jakarta - Indonesia.
E-mail: mahmudkusuma6@gmail.com

________________
References:

1. Kitab Undang-undang Hukum Acara Perdata (KUHPer).

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