Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Journal of Law and Legal Reform Journal of Private and Commercial Law
Ahmad Habiburrahman
Al-Azhar University
Law, Crime, Criminology & Criminal Justice

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Efficiency and Legal Certainty in Civil Procedure: Registered Letter Summons After Supreme Court Circular No. 1 of 2023 Muhammad Aziz Marzuki; Dian Latifiani; Ahmad Habiburrahman
Journal of Private and Commercial Law Vol. 9 No. 2 (2025): November, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v9i2.15131

Abstract

This article reassesses the legal effectiveness of registered letter summons as a mode of service of process in Indonesian civil procedure following the enactment of Supreme Court Circular No. 1 of 2023. The study addresses a central question: whether the use of registered mail enhances procedural efficiency without undermining due process guarantees in private law disputes. Employing a normative juridical method combined with a conceptual and statutory approach, this research analyzes relevant procedural rules, judicial interpretations, and emerging practices in civil litigation. The findings indicate that while registered letter summons offer measurable advantages in terms of cost reduction, administrative efficiency, and expedited proceedings, their implementation raises concerns regarding proof of proper service, defendant awareness, and the risk of default judgments rendered without genuine notice. These issues directly affect the principles of audi alteram partem, legal certainty, and fairness in private law adjudication. The novelty of this study lies in its focus on the transformation of service of process mechanisms within Indonesian civil procedure through the lens of digitalization and procedural reform, specifically examining the underexplored implications of Supreme Court Circular No. 1 of 2023. The article contributes to the development of private and commercial law scholarship by offering a critical framework for evaluating alternative service methods and proposing safeguards to balance efficiency with due process. It further provides practical recommendations for courts and policymakers to strengthen verification mechanisms and ensure the reliability of registered mail as a legally sound instrument of summons.
Can Advocates’ Legal Culture in Civil Law Enforcement Drive Reform in Indonesia’s Modern Justice System? Dian Latifiani; Baidhowi Baidhowi; Pratama Herry Herlambang; Farkhan Radyafani Winarno; Ahmad Habiburrahman
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.12988

Abstract

This study examines the urgent need to reform the legal culture of advocates in Indonesia, specifically in relation to the use of e-court and e-litigation systems in civil law enforcement. These systems were designed to streamline legal processes, offering faster, cheaper, and more accessible trials for material parties. However, advocates have been slow to adopt these technologies, often sticking to traditional methods, which undermines their potential effectiveness. The novelty of this research lies in its exploration of how the legal culture of advocates can be reformed to better leverage e-court and e-litigation. Rather than focusing solely on the technical aspects of these systems, the study emphasizes the socio-legal implications of such reforms. Advocates, as both legal professionals and agents of social change, play a critical role in bridging the gap between new technologies and the material parties they represent. This research contributes to the development of civil procedural law and aims to improve the legal culture of both advocates and clients. Using a qualitative, socio-legal approach, the study gathers data through interviews, observations, document analysis, and personal experiences. The urgency of this reform is underscored by the need for advocates to fully embrace their role in Indonesia’s digital transformation of justice. The study also examines how regulatory tools like PERMA No. 1 of 2019 and No. 7 of 2022 can support these reforms, ultimately driving systemic change in Indonesia’s legal culture and enhancing the effectiveness of e-court and e-litigation.
Co-Authors Baidhowi Baidhowi Dian Latifiani Farkhan Radyafani Winarno Muhammad Aziz Marzuki Pratama Herry Herlambang