by Setyawati Fitrianggraeni and Tiara Amanda Putri
Overview
Equality before the law is a constitutional right guaranteed under Article 27(1) of the 1945 Constitution and reinforced by Law No. 16 of 2011 on Legal Aid. To uphold the rule of law and ensure access to justice, the state is responsible for providing free legal aid,(1) both litigation and non-litigation, through accredited legal aid organizations (Lembaga Bantuan Hukum or LBH) and court-based legal aid (Pos Bantuan Hukum or Posbakum). Although the legal framework is in place, its implementation still faces challenges, including low legal literacy in rural communities and administrative barriers in obtaining certificates of indigency.(2)
To reduce financial barriers in accessing higher legal remedies, the Directorate General of General Courts issued a court decree to adjust court fees at higher legal remedy levels.(3) This adjustment ensures that the e-court system offers not only efficiency and transparency, but also affordability for marginalized groups.(3) This regulation aligns with the judiciary’s core principles of being fast, simple, and low-cost, ensuring social rights are not hindered by the operational costs of litigation.(1) With this updated technical guideline, legal aid coverage is expected to expand and reach the most underserved communities in need of fair legal certainty.(4)
Key Highlight
- Reduction of Electronic Cassation Court Fees
Director General of General Courts Decree No. 1344/DJU/SK.HM1.1/III/2026 revises the fee structure for indigent litigants filing cassation electronically. The regulation ensures access to cassation proceedings with costs covered by the state. The maximum budget is set at IDR 550,000, consisting of IDR 150,000 for administrative and document processing costs and IDR 400,000 for cassation fees.(3)
- Adjustment of Electronic Judicial Review (PK) Court Fees
This decree also revises the procedure for granting fee waivers for electronic Judicial Review (PK) filings. The adjustment targets indigent justice seekers to ensure high costs do not hinder access to remedies at the highest level. Under the updated mechanism, the maximum state-funded budget is set at IDR 2,150,000, consisting of IDR 150,000 for administrative and document processing costs and IDR 2,000,000 for PK fees.(3)
- Cost Coverage Mechanism through the Budget User Authority (KPA)
This decree clarifies the administrative governance for using state funds to cover electronic Cassation and Judicial Review (PK) court fees. The responsible party for implementation is the Budget User Authority (KPA) at the relevant court unit. The mechanism is carried out through a specific KPA decree assigning the case costs to the state budget.(3)
References
1. Adnan LO, Dewi R, Salam S, Mansyah MS. Penyuluhan Hukum Pemberian Bantuan Hukum Bagi Masyarakat Kurang Mampu. Journal of Human and Education (JAHE). 2024 Jan 16;4(1):121–8. doi:10.31004/jh.v4i1.531
2. Hadaiyatullah SS. Edukasi Prosedur Bantuan Hukum bagi Masyarakat Tidak Mampu melalui Layanan Posbakum Pengadilan. EduImpact: Jurnal Pengabdian dan Inovasi Masyarakat. 2025 Dec 5;2(2):157–66. doi:10.63324/eipm.2v.2i.118
3. Director-General of General Courts Decree No. 1344/DJU/SK.HM1.1/III/2026 on the Amendment to Decree No. 1084/DJU/SK.HM.1.1/X/2024 on the Technical Guidelines for Supreme Court Regulation No. 1 of 2014 on Guidelines for Providing Legal Services for Indigent People in Courts within the General Courts Jurisdiction.
4. Sibarani WE. Dandapala. 2026. Akses Keadilan Diperluas, Badilum Turunkan Biaya Kasasi dan PK Elektronik. Available from: https://dandapala.com/article/detail/akses-keadilan-diperluas-badilum-turunkan-biaya-kasasi-dan-pk-elektronik
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