A court decision (or putusan pengadilan in Indonesian law) is an essential legal document that records the outcome of a case, the reasoning behind the judgment, and the rights and obligations of the parties involved. It serves as a permanent record of justice delivered by the court.
But what happens if that copy—either the original or an officially issued duplicate—is lost, damaged, or destroyed? Whether you are a litigant, lawyer, or legal representative, losing a copy of a court decision can cause serious difficulties, especially if it is needed for appeals, executions, or administrative purposes.
Fortunately, there are clear legal procedures to follow when a copy of a court decision is lost. Here’s a step-by-step explanation of what you can do to legally obtain a replacement.
- Understand What Is Meant by a “Copy of a Court Decision”
Before taking action, it’s important to distinguish between the different versions of a court decision:
- Original decision (berkas asli): Kept and archived by the court that handled the case.
- Official copy (salinan resmi): Issued by the court clerk’s office (Panitera) to the parties after the judgment is finalized (inkracht).
- Authenticated copy (turunan resmi): A certified duplicate copy issued when the original official copy is lost or damaged.
In most cases, individuals lose the official copy that was previously issued to them—not the original, which remains in the court’s archive. This makes recovery possible through proper legal channels.
- Report and Document the Loss
If you have lost your copy of the court decision, the first step is to create a formal record of the incident.
You should:
- Make a written statement describing when and how the document was lost.
- Report the loss to the police to obtain an official loss report (surat keterangan kehilangan).
This police report will serve as legal evidence that the document is genuinely lost and not being used for fraudulent purposes. It is a mandatory attachment for requesting a new copy from the court.
- Contact the Court That Issued the Decision
The only institution authorized to issue an official replacement copy is the court that originally handled your case—whether it was a district court, religious court, administrative court, or industrial relations court.
- Visit the court clerk’s office (Kepaniteraan) and bring the following:
- Your identification card (KTP or passport)
- Case details (case number, names of parties, year of decision)
- Police loss report
- Letter of request for a certified copy
In your letter, clearly state your purpose and request to obtain a replacement or authenticated copy (turunan salinan putusan) due to loss of the original.
The letter should include:
- The full case number (if known)
- The date of the decision
- Your status in the case (plaintiff, defendant, appellant, etc.)
- Your signature and contact information
- Submit a Formal Request for a Replacement Copy
Once your documents are complete, submit them to the court’s Panitera or Deputy Registrar. The clerk will verify your identity and cross-check the court archives to confirm the authenticity of your claim.
The process generally involves:
- Administrative verification: Ensuring your request and attachments are complete.
- Archive retrieval: The court locates the original copy of the decision stored in its case files.
- Issuance of replacement copy: The court reproduces the decision and certifies it as a true and valid copy (salinan sesuai aslinya).
In some cases, the court may ask you to pay a small administrative fee for document reproduction. This fee varies by court and is governed by regulations on non-tax state revenue (PNBP).
- If the Case Files Are Also Missing
In rare situations, the court’s own archives may also be damaged, lost, or destroyed—such as by fire, flood, or other disasters.
If this happens, the court must follow a special reconstruction procedure, which may include:
- Checking digital backups (many courts now store decisions electronically through the Sistem Informasi Penelusuran Perkara or SIPP).
- Requesting copies from higher courts (if the case was appealed).
- Using records from parties or lawyers involved in the case to reconstruct the decision text.
If no records remain, the court may issue a statement of unavailability (surat keterangan berkas hilang) confirming that the document cannot be reproduced. This certificate can still serve as proof in certain administrative or legal contexts.
- Obtain a Certified True Copy
Once your request is approved, the court will issue a certified true copy of the decision. This document carries the court’s official seal and signature of the registrar (Panitera), confirming its authenticity.
The certified copy usually contains:
- The full text of the decision
- The original case number and date
A certification clause, typically stating:
“This copy is declared identical to the original decision stored in the archives of the District Court of [City].”
This replacement copy holds the same legal force as the original. You may use it for:
- Legal execution (e.g., to enforce a judgment)
- Appeals or cassation (if applicable)
- Administrative filings or documentation purposes
- Keep Multiple Backups for the Future
Once you receive your replacement copy, make sure to protect it carefully. Consider creating:
- Scanned digital versions stored securely in cloud or encrypted drives
- Photocopies kept in separate physical locations
Courts in Indonesia now increasingly use electronic case management systems, meaning many judgments are also published online through putusan.mahkamahagung.go.id. However, not all cases are uploaded—especially older or confidential ones—so keeping personal copies is still crucial.
- Legal Basis for Obtaining Replacement Copies
The right to request a certified copy of a court decision is recognized under several legal provisions in Indonesia, including:
- Article 197 of the Indonesian Criminal Procedure Code (KUHAP) — outlines how decisions are documented and distributed.
- Article 55 of Law No. 48 of 2009 on Judicial Power — ensures the transparency of court decisions and public access to them.
- Regulations of the Supreme Court (Peraturan Mahkamah Agung or PERMA) — authorize courts to issue official copies and maintain archives.
These legal foundations guarantee that losing a copy does not deprive a party of access to justice or documentation of their rights.
- When to Seek Legal Assistance
While the process is generally administrative, certain cases—especially complex or high-value ones—may require the assistance of a lawyer or legal consultant.
A lawyer can help you:
- Draft the formal request letter properly
- Follow up with the court on your behalf
- Handle situations where case archives are incomplete
- Verify that the replacement copy is properly authenticated
This ensures the new document meets all legal standards for future use.
Conclusion
Losing a copy of a court decision can be stressful, especially when the document is needed for enforcement or proof of legal rights. However, with the right approach, the problem is fully solvable through official channels.
To summarize the steps:
- Record and report the loss to the police.
- Prepare supporting documents and identification.
- Submit a written request to the court that issued the decision.
- Wait for verification and issuance of a certified true copy.
- Safeguard the replacement document carefully.
Remember: only the issuing court can provide a legally valid replacement, and the new copy carries the same authority as the original.
By following these legal steps, you can recover your essential court document responsibly—without losing your rights or legal standing.