01 - Discovery
What disclosure/discovery is required in litigation?

Indonesia does not have an elaborate discovery/disclosure process as known and practiced in many common law jurisdictions. After pleadings have been filed, there is an evidentiary hearing in which parties are required to submit any evidence on which they have relied in their arguments. There is no procedural provision for either the court or another party to require a party to disclose any evidence which it has not chosen to submit as part of this process. This is in line with the general principles in Indonesian civil procedure that judges should only examine matters that are submitted by the parties and that parties have the burden of proving any assertions made as part of their case.