Although there are many ways to resolve disputes, litigation is considered the best option for the disputing parties to choose because it provides more legal certainty compared to other non litigation efforts, such as mediation or conciliation.
Definition of Litigation
Litigation is a way of resolving a dispute through courts. This process involves activities from gathering evidence to providing information about a case so that the judge can get a complete picture of the case at hand to make a decision. The judge’s decision in a litigation process has legal force that binds the parties involved in the case.
In order for a case to be resolved through the litigation process, there are several procedures that must be passed. The first is the registration of the case to the prosecutor’s office. For civil cases, the attorney will file a lawsuit with the chairman of the court. As for criminal cases, the prosecutor’s office will carry out this task.
Furthermore, there is a court cost that must be paid by the plaintiff before the trial begins. The court cost for criminal cases is usually already paid by the government while the court cost for civil cases is borne by the plaintiff.
After the entire administrative process is complete, the court will summon all the disputing parties to attend the scheduled trial. In general, prior to trial in court, mediation will be held between the parties involved with the aim of resolving the case without having to go through a trial in court. However, if no solution is agreed upon by the disputing parties, the case will still be brought to court.
Advantages of Litigation Process
Resolving a case with a litigation process is neither easy nor cheap. In addition to having to go through a long process, a litigation process also requires quite a lot of money. However, the litigation process can provide several advantages that are not provided in non-litigation efforts:
1. Formal Process
One of the advantages of using the litigation process is that all the processes are carried out formally by an official state agency. So, the whole process from the initial registration to the final trial is very clear and detailed. That way, the plaintiff can clearly know every process that will be carried out, from registration, payment, mediation up to the final result. Every process that is passed is recorded in official documents.
2. The Judge’s Decision Does Not Involve Disputing Parties
Another advantage of litigation is that the judge’s decision does not involve the disputing parties. Instead, it will be based on the information and evidence collected, and the testimony of the witnesses. So, the decision of the judge is neutral and based on existing facts.
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3. The Court Process is Conducted Openly
The litigation process in court is carried out openly. That way, anyone can attend to see the trial taking place and to hear the court’s decision. The time required in the litigation process can be either short or long. The more complete the data and evidence, the faster the process.
4. Binding and Inviolable Results
The judge’s decision has permanent legal force and is binding on all parties to the dispute, both the plaintiff and the defendant.
One of the crucial things needed in the litigation process is a team of expert and experienced lawyers. Therefore, it is very important for parties who will be involved in a litigation process to immediately get legal assistance from a team that has experience in handling various disputes.
At ADCO Law, we have several teams of experienced lawyers who have handled various disputes ranging from civil and criminal cases to industrial relations disputes. We offer high-quality services from representing clients at all levels of the trial to the final resolution of disputes.
ADCO Law earns the trust to represent clients from multinational companies to emerging entities across a wide range of industries to achieve their business objectives in Indonesia.
ADCO Law as a Law Firm Jakarta assists the clients to structure, organize and implement their business ventures and investments, including structuring, financing, and securing investments as well as establishing new foreign companies in Indonesia. Should you have more queries regarding this matter, please do not hesitate to contact us