Media Iuris
Vol. 9 No. 1 (2026): MEDIA IURIS

In the Nick of Time: The Legitimacy of Imposing Deadlines on Appeal and Counter-Appeal Memoranda in Civil Procedure

Serfiyani, Cita Yustisia (Unknown)
Wibisono, Angelica Milano Aryani (Unknown)
Wibisono, Jeniffer Avrillya (Unknown)
Taniady, Vicko (Unknown)



Article Info

Publish Date
26 Feb 2026

Abstract

The modernization of Indonesia’s civil justice system through the e-Court platform has generated a significant normative conflict by imposing a strict seven-day deadline for submitting appeal and counter-appeal memoranda under Supreme Court Decision Letter No. 363/KMA/SK/XII/2022. This regulation conflicts with several higher legal instruments—including the Herziene Indonesisch Reglement (HIR), RBg, Law No. 20 of 1947, and Constitutional Court Decision No. 22/PUU-XX/2022—which confirm that such submissions are optional and are not subject to fixed time limits. This research offers a comprehensive analysis of the normative inconsistency by employing a legal research method grounded in procedural justice theory. Using statutory and conceptual approaches, it assesses whether the decision letter rests on a valid legal basis and whether it comports with the principles of fair civil procedure. The findings indicate that the decision letter imposes a formal requirement that exceeds the Suipreme Court’s legal authority, creates a conflict of norms, and undermines litigants’ procedural rights. The study therefore recommends that the Supreme Court undertake a judicial review to resolve the inconsistency and restore legal certainty in Indonesia’s civil justice system.

Copyrights © 2026






Journal Info

Abbrev

MI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Media Iuris E-ISSN (2621-5225) is an open-access-peer-reviewed legal journal affiliated with the Faculty of Law of Airlangga University, which was published for the first time in 2018 in the online version. The purpose of this journal is as a forum for legal scholars, lawyers and practitioners to ...