In Indonesia’s legal system, once a civil case has gone through all regular court levels—District Court, High Court (Appeal), and Supreme Court (Cassation)—the decision is generally final and binding (inkracht van gewijsde).
However, the law provides one last extraordinary remedy known as Peninjauan Kembali (PK) or Judicial Review. This process allows a party who feels that a final judgment contains a serious legal or factual error to request the Supreme Court (Mahkamah Agung) to re-examine the case.
Below is a detailed guide to understanding and filing a Judicial Review in a civil case under Indonesian law.
- Legal Basis of Judicial Review
Judicial Review (PK) in civil matters is governed by:
- Article 66–68 of Law No. 14 of 1985 on the Supreme Court, as amended by Law No. 5 of 2004 and Law No. 3 of 2009.
- Article 67 of Law No. 14 of 1985 explicitly states that PK can be requested only once and only under certain conditions.
Unlike appeals or cassations, a Judicial Review does not suspend the execution of the original decision unless the Supreme Court decides otherwise.
- Who Can File a Judicial Review
A Judicial Review application can be filed by any party directly involved in the case, usually the plaintiff or defendant, who feels disadvantaged by a final court decision (putusan berkekuatan hukum tetap).
This means:
Only those listed in the original case may apply.
Third parties not part of the original proceedings cannot file a PK, except in rare cases under special circumstances (e.g., derden verzet or third-party objections).
- Valid Grounds for Filing a Judicial Review
The Supreme Court will only consider a Judicial Review if it is based on specific legal grounds as defined by Article 67 of the Supreme Court Law. These include:
False or Forged Evidence
The decision was based on evidence later proven to be false or fabricated.
New Evidence (Novum)
Discovery of new, decisive evidence that could have changed the outcome of the case but was unavailable during earlier trials.
The new evidence must be authentic, relevant, and previously unknown to the applicant.
It cannot be evidence that was intentionally withheld.
Deception or Fraud in the Proceedings
One party intentionally misled the court or concealed facts to manipulate the outcome.
Judges’ Mistake or Error (Ultra Petita or Misapplication of Law)
The court granted more than what was requested (ultra petita) or applied the law incorrectly.
Contradictory Decisions
There are two or more final and binding court decisions involving the same parties and subject matter that contradict each other.
Judicial Oversight Violations
If a judge in the earlier process was proven to have violated judicial ethics or was criminally convicted for corruption related to the case.
Each of these grounds requires strong, verifiable evidence and must be clearly explained in the PK petition.
- Time Limit for Filing a Judicial Review
Timing is critical. A Judicial Review must be filed within 180 days (6 months) from the discovery of the new evidence or from the time the applicant became aware of the reason for filing the PK.
For example:
If new evidence (novum) is found on January 1, the PK must be filed before June 30.
If the PK is based on a proven falsified document, the 6-month period starts from the date the forgery was legally confirmed.
Filing beyond this period will cause the application to be rejected automatically.
- Where and How to File a Judicial Review
Even though the PK is examined by the Supreme Court, the submission process begins at the court of origin—the District Court that handled the case at first instance.
Here’s the step-by-step process:
Prepare the Application Letter (Petition for Judicial Review)
The petition should include:
- The applicant’s identity and legal standing
- Case number and type of decision being reviewed
- Legal grounds (based on Article 67)
- Supporting arguments and evidence
- A clear statement of the relief sought (e.g., to annul or revise the previous decision)
- Attach Required Documents
- Copies of the previous court decisions (District, High Court, and Supreme Court)
- New evidence (if applicable)
- Police or official verification of forged documents (if relevant)
- Proof of payment for court fees
- Submit the Application
- Submit the PK petition to the District Court Clerk (Panitera Pengadilan Negeri).
- The clerk will record and forward the application to the Supreme Court for examination.
- Receive the Official Receipt
- After submission, the applicant receives an official receipt (tanda terima) as proof of filing.
The court will then send the application bundle to the Supreme Court in Jakarta.
- Examination Process at the Supreme Court
Once received, the Supreme Court conducts the review without summoning the parties to appear in person. The examination is based solely on the case documents and evidence submitted.
The process includes:
- Administrative Verification — checking the completeness of the documents.
- Judicial Examination — by a panel of Supreme Court justices (usually three judges).
- Deliberation and Decision — whether to reject or grant the PK.
- If the PK is granted, the Supreme Court may:
- Annul or amend the previous decision, or
- Order a retrial if necessary.
If rejected, the previous final decision remains binding and enforceable.
- Execution of the Judicial Review Decision
The PK decision (putusan PK) is final and cannot be appealed or reviewed again. Once issued, it must be executed according to law.
If the PK overturns a prior judgment, the relevant court will carry out execution procedures as instructed by the Supreme Court.
The parties involved are notified in writing once the PK decision is registered and delivered to the originating District Court.
- Practical Tips for Filing a Successful Judicial Review
Because Judicial Review is an extraordinary legal remedy, it is not easily granted. To improve your chances:
- Consult a qualified civil law attorney. Experienced lawyers understand the technical requirements and how to frame the legal arguments effectively.
- Gather strong, admissible evidence. Especially if your claim is based on novum or procedural error.
- Follow all deadlines carefully. Missing the 180-day limit will invalidate your claim.
- Ensure your petition is legally structured. Poorly drafted petitions are one of the main reasons for rejection.
- Keep copies of all previous judgments and supporting documents. These are crucial for the Supreme Court’s examination.
- Common Reasons Why PK Applications Are Rejected
Many Judicial Review applications fail because they don’t meet legal criteria. The most frequent reasons include:
- Submitting weak or irrelevant new evidence
- Filing after the deadline
- Raising issues that were already reviewed during cassation
- Failure to identify specific legal errors or misapplications of law
It’s important to remember that the Supreme Court will not re-try the case like a regular court. It only reviews whether there has been a fundamental error in law or procedure.
Conclusion
The Judicial Review (Peninjauan Kembali) is the final legal remedy available in Indonesian civil law. It serves as a safeguard against injustice that might result from judicial error, fraud, or newly discovered evidence.
To summarize the process:
- Ensure your case meets one of the legal grounds under Article 67.
- Prepare a well-documented petition and supporting evidence.
- File the application through the District Court within 180 days.
- Wait for the Supreme Court’s written decision.
While the Judicial Review process can be complex, it reflects an important principle of justice: that even a final judgment can be reconsidered when new facts or serious errors emerge.
Handled carefully—with clear evidence, legal precision, and professional guidance—a Judicial Review offers a final opportunity to ensure that truth and fairness prevail within Indonesia’s civil justice system.