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Equity, Prosperity and Dispute Resolution Across Borders
The expansion of international trade and people to people relations has led to a growing number of cross-border disputes. To help address issues relating to the service of judicial and extrajudicial documents on parties in situ in another jurisdiction, some states signed up to the Hague Convention 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Indonesia, however, is not a party to the Convention nor, other than a bilateral agreement with Thailand, to any other convention relating to the service of foreign process. There is also no national legislation regulating the matter in the country.
On 19 February 2013, amid the increasing number of requests for judicial assistance in civil matters between foreign and Indonesian courts, the Indonesian Ministry of Foreign Affairs (“KemLu”) and the Indonesian Supreme Court (“SC”) entered agreement (Nota Kesepahaman) No. 162/PAN/HK.00/II/2013 No. NK/HI/01/02/2013/58. The agreement provides guidelines for the handling of a letter rogatory, as well as guidelines for requests for assistance for service of documents in civil proceedings.
Diaspora Legal are familiar with the terms of the Nota Kesepahaman on Letters Rogatory and together with our Indonesian Associates can provide a seamless service in the obtaining of oral and written evidence from Courts throughout the Republic of Indonesia.