Circular Letter of the Supreme Court No. 1 of 2023 on Procedures for Summons and Notifications through Registered Mail
Authors
General Overview
In line with the growing digitalization of court procedures, the Supreme Court of Indonesia has taken a significant step towards enhancing the efficiency and effectiveness of legal proceedings. On July 5, 2023, the Supreme Court issued Circular Letter Number 1 of 2023 concerning Procedures for Summons and Notifications through Registered Mail ("SEMA 01/2023").
SEMA 01/2023 outlines the regulations for summoning and notifying parties, including third parties without electronic domicile, in the electronic court (e-court) administration and litigation process. The circular mandates the use of registered mail as the designated method for delivering summons and notifications, following the provisions set forth in the amended Supreme Court Regulation Number 7 of 2022 on Changes to Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Litigation in the Electronic Court.
The key points of the circular are as follows:
- Proof of Receipt: Summonses and notifications sent through registered mail must be supported by evidence of receipt from the recipient, clearly indicating the date of receipt.
- Designated Courier Service: The registered mail, as referred to in point 1, shall be sent by the court using a courier service provider approved by the Supreme Court.
- Direct Delivery: The summonses and notifications should be handed directly to the parties. However, in cases where direct delivery is not possible, the documents may be delivered to an adult residing in the same household as the parties.
- Non-acceptance of Receipt: If the parties refuse to accept or sign the acknowledgment of receipt during direct delivery, the service provider will record this refusal electronically, and the documents will be returned to the court.
- Restricted Access Premises: In situations where the parties reside in places with limited access, such as apartments or other similar dwellings, and direct delivery is not possible, the summonses and notifications will be delivered to the receptionist/security personnel at that location.
- Conditions for Delivery to Third Parties: Delivering summonses and notifications to individuals residing with the parties or to receptionists/security personnel as mentioned in point 3 and point 5 may only occur under the following circumstances: (a) when the recipient is not a party to the relevant case, and (b) when the recipient agrees to be photographed with their identification card.
- Alternative Delivery: If the third-party recipients mentioned in point 3 and point 5 refuses to be photographed with their identification card, the summonses and notifications will be delivered through the local sub-district head or village chief (including relevant sub-district/village officials).
- Uninhabited Premises: In cases where the parties' residence is unoccupied, a photo of the relevant house must be provided. Subsequently, the summonses and notifications will be delivered through the local sub-district head or village chief (including relevant sub-district/village officials) after two unsuccessful attempts at delivery on the same day or the following day if the second attempt is not feasible.
- No Trace of Address or Deceased Parties: If summonses and notifications are returned to the court because the address is not found or the parties are no longer residing at the given address, and their current whereabouts are unknown within or outside the territory of the Republic of Indonesia, further summonses and notifications will be conducted through the general summons mechanism.
- Verification by Local Officials: The unavailability of the parties, their absence at the given address, or confirmation of their passing can only be declared based on verification provided by the local sub-district head or village chief (including relevant sub-district/village officials).
- Timeliness: Summonses must be sent through registered mail no later than 6 (six) calendar days before the scheduled court session and should be received by the parties no later than 3 (three) working days before the session, unless otherwise specified by regulations.
- Information in the Registered Mail: it's essential to provide specific information for proper documentation and verification. This includes confirming direct receipt, documenting refusals, noting alternate recipients, recording deliveries by local officials, addressing address-related issues, and notifying recipient passings.
- Electronic Accessible Receipt: for instance, when a registered letter is delivered to John Doe's condominium and received by the building's security personnel, the accompanying electronic receipt includes the date of receipt, a photo of the personnel, their ID card, and the geotagging coordinates of the building's entrance.
With this new circular letter in effect, the Supreme Court aims to streamline and modernize court procedures while ensuring a more reliable and accountable means of delivering summonses and notifications. The implementation of SEMA 01/2023 is expected to bring further improvements to the judicial system, enhancing accessibility and transparency in legal proceedings. Further discussion of certain sectors will be discussed in separate ARMA Update, along with the issuance of implementing regulations in the future.