PROCEDURE FOR APPEAL CASE REGISTRATION

1.    Petition for appeal shall be registered with the first desk officer of the Religious Court/Sharia Court.

2.   The appeal deadline is as follows:

 a.     An appeal petition may be filed within 14 (fourteen) days after the  decision is pronounced or after it is notified in the event that the   decision is pronounced out of presence.

 b.    The counting period of 14 (fourteen) days shall commence on the following day (the next day) after the verdict is pronounced or       after the verdict is notified, and in the event that the 14th (fourteenth) day falls on a holiday, it shall be extended to the succeeding   business day.

 c.    Appeals filed beyond the aforementioned period of time shall still be accepted and recorded, then the Registrar shall issue a            certificate that the appeal has expired.

3.   The Desk I officer shall assess the amount of the appeal fee based on the Decree of the Chairman of the Religious Court / Sharia Court on the Appeal Fee and then set out in the Power of Attorney (Surat Kuasa Untuk Membayar / SKUM), which consists of:

a.   Application fee.

b.   The cost of an appeal sent to the High Court of Religious Affairs / Aceh Sharia Court, the amount of which shall be as stipulated in Regulation of Supreme Court (Peraturan Mahkamah Agung / PERMA) No. 03/2012.

c.   The cost of shipping the appeal fee via bank/post office.

d.    Photocopying / duplicating and filing costs.

e.    Cost of mailing the appeal case files.

f.      Shipping officer's mileage.

g.    Notification fees, which include:

1)   Cost of notification of the deed of appeal.

2)   Cost of notice of appeal.

3)   Cost of notification of counter-appeal.

4)   Cost of notification to examine the file (inzage) for the Appellant

5)   Cost of notification to examine the file (inzage) for the Appellee

6)   Costs of notification of the dictum to the Appellant

7)   Costs of notification of the dictum to the Appellee

4.   The complete appeal case file is made into SKUM in quadruplicate:

a. The first green sheet is for the bank.

b. Second white sheet for the Appellant.

c. The third sheet in red is for the Cashier.

d. The fourth sheet in yellow color is to be attached to the file.

5.   The Desk | officer shall submit the appeal application file completed with SKUM to the party concerned to pay the fee stated in the SKUM to the bank.

6.   The cashier upon receipt of the payment of the appeal fee must sign and stamp the SKUM.

7.   The cashier then shall record the appeal case fees listed on the SKUM in the Appeal Case Financial Journal Book.

8.   The Registrar shall draw up a deed of appeal and record the appeal in the Master Register Book of Lawsuit Cases and the Appeal Application Register Book.

9.   An appeal within 7 (seven) working days must have been notified to the counterparty.

10. The date of receipt of the appeal memorandum and counter appeal memorandum shall be recorded in the Case Master Register Book and the Appeal Application Register Book,

11.   A copy of the receipt of the appeal memorandum and counter-appeal memorandum shall be delivered to each adversary by making a notification/delivery (relaas).

12.   Prior to the case file being sent to the Aceh Religious High Court/Sharia Court, both parties must be provided with an opportunity to review the case file (inzage) and this should be outlined in the deed

13.   Within one month of the appeal being filed, the appeal case file in the form of Bundle A and Bundle B must have been dispatched to the High Court of Religious Affairs/Aceh Sharia Court. (Article 11 paragraph (2) of Law No. 20/1947). In the case of appeals that are notified through another religious court/ sharia court, the period may be longer than one month.

14.  Appeal case fees for the Court of Appeals of Religious Affairs / Aceh Sharia Court must be sent via bank / post office and proof of remittance must be sent and incorporated with the relevant files.

15.   In the event that the parties each file an appeal:

   a.   The designation of the parties is as follows: Appellant I / Appellee II / versus Appellee I / Appellant II.

   b.   Appellant I shall be the party who first filed the appeal, or if the date of filing the appeal is the same, whichever is the most entitled     to file the appeal.

   c. Fees for appeals sent to the High Court of Religious Affairs/Aceh Sharia Court are only collected from the first filer

   d.   The second applicant shall only be charged a fee:

   1)   Photocopy of file copy.

   2)   Notification of the deed of appeal.

   3)   Cost of notice of appeal.

   4)   Notice of counter-appeal

   5)   The appeal file consists of 1 (one) Bundle A and 2 (two) Bundles B.

   6) The Registrar of the Religious Court/Sharia Court shall immediately report in writing to the Court of Appeals of Religious              Affairs/Aceh Sharia Court about the existence of an appeal filed by both parties so that the case file at the Court of Appeals of     Religious Affairs/Aceh Sharia Court shall be incorporated into one.

16. Revocation of an appeal shall be carried out with the following   steps:

a.   the appeal shall submit a request for revocation to the Chairman of the Religious Court/Sharia Court.

b.   If the revocation request is made by a power of attorney, it must be approved by the principal party.

c.  The Registrar shall draw up a deed of withdrawal of the appeal signed by the Registrar and the Appellant.

d.  The revocation of the appeal must be notified to the Appellee.

e. The revocation of the appeal along with the deed of revocation and notification to the Appellant shall be immediately sent by the Registrar to Aceh Court of Appeals of Religious Affairs/ Sharia Court accompanied by a cover letter signed by the Chairman or Registrar of the Court of Appeals of Religious Affairs/ Sharia Court.

f.   Appeal case files that have not been submitted to Aceh Court of Appeals of Religious Affairs/Sharia Court are not sent to Aceh Court of Appeals of Religious Affairs/Sharia Court

17.  Aceh Court of Appeals of Religious Affairs/Sharia Court shall deliver a   copy of the decision along with Bundle A to the Court of                  Appeals of Religious Affairs/Sharia Court.

18. The Chairman of the Court of Appeals of Religious Affairs/Sharia Court must read the appeal verdict of appeal carefully and thoroughly       before delivering it to the parties.

19.  A copy of the notification (relaas) of the appeal verdict is sent to Aceh Court of Appeals of Religious Affairs/Sharia Court.