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Appeal Mechanism


In the procedures of either civil or criminal laws, appeal mechanisms are taken by sending an appeal memory to a high court. The principles of an appeal is generally to request the high court to review a case, which has been decided by a district court. Reasons for an appeal is stipulated in Article 67 jo Article 233 of the Law No. 8 Year 1981 on Procedures of Criminal Law and Article 6 of the Law No. 20 Year 1947, Article 199 RBg and Article 21 of the Law No. 4 Year 2004 for civil case. During the review at an appeal level, the appeallate court does not have any authorities to make a constitutional review for products of legislations under a law.

In the procedures of either civil or criminal laws in Indonesia, the mechanisms of a case are done by sending a memory of an appeal to the Supreme Court. Reasons of an appeal to the Supreme Court is stipulated in Article 30 of the Law No. 14 Year 1985 on the Supreme Court, namely:

· The judex factie court does not have any authorities or goes beyond its authorities;

· The judex factie court wrongly applies or violates the existing law;

· The judex factie court is negligent in fulfilling the requirements obliged by the legislations, which threaten the negligence with the revocation of the concerned ruling.

The rights for a judicial review at the Supreme Court are only limited on products of legislations under a law against a law. The authorities can be taken during a review of an appeal at the Supreme Court or by directly filing a request to the Supreme Court (Article 31 point (3) of the Law No. 5 Year 2004 on the Supreme Court).

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