By Timur Abimanyu, SH.

MH

Legal perspective on the case with free (without cost)

Understanding without cost/prodeo:

Without cost is a process of litigants in court free of charge (free) and the person entitled to be
without cost litigants are people or citizens who can not afford (the poor) in the economy.
Case or cases that may be brought in without cost is on the case:
1. Divorce
2. Itsbat Marriage
3. Guardian requests Adhol (guardians who do not want to marry her son)
4. Sues Waris
5. Sue Grant
6. Child Guardianship
7. Joint Property Claims

Litigate the petition is without cost only applies to one level of justice. If the Applicant /
Plaintiff filed an appeal or an appeal, the Applicant / Plaintiff must file a new petition is
without cost to litigate on appeal or cassation.

Conditions that Must be Fulfilled for the application without cost:

- Has a Certificate of Disadvantaged (SKTM) of Village / Village (and if you have documents
such as Jamkesmas / Jamkesda / HIP / Gakin can be attached)

Rights of Applicant / plaintiff after granted without cost:

- Applicant / Plaintiff is entitled to get all kinds of services are Free of Charge (free) relating to
the examination prodeonya case from beginning to end.

Procedures for Managing SKTM:

- Applicant / plaintiff came to the village / village by bringing:
a. Letter of introduction from RT / RW
b. Card Family / HH
c. Identity Card / Identity Card

Application Procedure Megajukan without cost:

1. Overlooking the Local Court Office:
 - Overlooking to the registration of the case.
- Make a written request / complaint to a case in which the litigants are listed without cost
submission outlining the reasons for them.
- A letter of request can be made yourself (in the Submissions Guidelines Itsbat /
Ratification of Marriage or Divorce Claim Submission Guidelines on Religious Court). If
you can not make it, you can ask for assistance to Legal Aid Post (Pos Bakum).
- If you can not write (illiterate), letter of application / complaint can be made verbally by
facing to the Chairman of the local court, by attaching the Disadvantaged (SKTM).

2. Call Waiting from the Court of Session:

- The court will send a letter containing the call about the date and place of the hearing to the
Plaintiff / Petitioner and Defendant / Respondent directly to the address listed in the
petition / complaint.

3. Attending Hearings:
- Overlooking the Court in accordance with the date and time specified in the summons and
try to arrive on time and do not be late.
- There is an effort for peace and if it did not work and letter of application / complaint no
longer changes, then before entering the principal case, the judges can examine the petition
relating to the litigants is without cost.
- Panel of Judges to give opportunity to the respondent / defendant to provide responses
related to the petition to be without cost litigants
- Applicant / Plaintiff submitted a letter of evidence such as: SKTM (and if you have
documents such as Jamkesmas / Jamkesda / HIP / Gakin can be attached). And may also
need two witnesses (if the judge need it), where the witness is someone who knows the
reasons for the request without cost (such as family, neighbors, close friends, village, etc.).

4. Decision Making for litigants is without cost:

- Panel of Judges conduct deliberations to consider the arguments and evidence relating to
the application without cost and if in these deliberations the judges assess the reasons for
Plaintiff / Petitioner has proved, then the judges give a decision with which it permits
interlocutory to the Applicant / Plaintiff for the litigants are without cost.
- f the panel of judges assess the reasons for Applicant / Plaintiff for the litigants are without
cost has not been proven in court, the judge gave a decision refusing the request of
Applicant / Plaintiff for the litigants are without cost. Then the Applicant / Plaintiff shall
pay advance legal costs within 1 month after the verdict was read interrupted.

5. The trial process of Case:

- The trial process carried out in accordance with the case filed by the stages set out in the
procedural law until there is one court ruling stating it imposes legal costs to the state
through local religious court DIPA.

From Legal Foundation without cost is:

Circular Letter No. Supreme Court. 10 Year 2010 on Guidelines for the Legal Aid Pembeian
with sourced to the provisions of Act No. 48 of 2009, Article 56 and 57, Law No. 49 of 2009
Article 68 B and 69 C, ¬ Law Act No. 50 of 2009 Section 60 B and 60 C, Law No. 51 of 2009
Section 144 C and 144 D.
Basic settings on without cost is set in Het Herzherie Indenesisch (HIR) of Article 237 of such
people, who as plaintiff, defendant or as a litigant would want but can not afford the legal fees,
may be granted permission to litigants with helplessness.

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